Ghost Guns

Unserialized. Untraceable. Unregulated.

Ghost guns are fully functioning firearms that can be constructed by ANYONE using unfinished frames or receivers. Frames and receivers are the pieces of the firearm that contain the operating parts of the firing mechanism, and are the part of the gun regulated under federal law. But when a frame or receiver is “unfinished” by a certain amount, it has historically been unregulated, meaning it can be sold without a background check and without serialization. This also means law enforcement would have no way to trace the gun's origin when recovered at crime scenes. These unfinished frames or receivers are then easily “finished,” and alongside other parts, can be assembled into a fully functioning gun. Before the Biden-Harris administration rule went into effect, ghost gun kits and parts were intentionally marketed as unregulated and untraceable to appeal to those who want to avoid background checks and/or cannot legally possess firearms, including minors, domestic abusers, and gun traffickers. 

Ghost Guns Undermine ALL Gun Laws

As a result of this lack of regulation and serialization, prohibited and dangerous individuals have turned to ghost guns to evade federal and state gun regulations, emerging as the weapon of choice for criminal activity. The availability of ghost gun parts is creating a gaping, dangerous loophole that undermines currently enacted gun-related regulations, poses enormous risks to public safety, and undermines law enforcements efforts to prevent gun violence and solve crimes. Ghost guns have been used in a variety of crimes across the country, including homicides, school shootings, mass shootings, domestic violence, robberies, and killings of law enforcement officers in cities across the country, including Baltimore, Los Angeles, Chicago, Washington, D.C., and more.

Why Were Ghost Guns Unregulated and Unserialized

Frames and receivers – the parts of guns regulated by federal law – are the pieces of the firearm that contain the operating parts of the firing mechanism. Because those parts are regulated, they are serialized, and they must be sold by a federal firearms dealer at the initial sale to ensure that the sale is lawful under federal and state law. However, prior to the clarification in the federal rule change (see below) when a frame or receiver was “unfinished,” even by a small fraction, it was completely unregulated. This meant that:

• There were no federal restrictions on who could buy ghost gun kits or parts;
• There were no federal limitations on how many unregulated ghost gun kits or parts someone could buy to build any number of guns;
• Unless a state took decisive action, all state laws such as waiting periods, age restrictions, licensing, and protective orders, were circumvented by the unmitigated availability of these parts and kits.

The ATF’s ghost gun rule ensures that the parts and kits used to build ghost guns are subject to the same federal laws and regulations as all other commercially made firearms: they must be serialized, licensed, and sold by a federally licensed dealer with a background check at the first commercial point of sale.

Brady mobilized Americans across the country to share thousands of public comments in support of the ATF regulation. Already, we have successfully helped protect the ATF rule against legal challenges waged by the gun industry, which reaps profits from the sale of ghost guns. At the same time, however, we can anticipate that the ghost gun industry will continue to attempt to circumvent the law to allow unrestricted access to these dangerous and untraceable firearms. Additionally, the rule change does not address the likely hundreds of thousands of ghost guns already in circulation. It remains imperative that state and local legislatures and Congress address these threats through legislation.

However, this life-saving rule is now under attack by the gun industry. The Supreme Court is currently hearing the case Garland v VanDerStock, which would strike down the 2022 Biden-Harris administration ghost gun rule and hinder the government’s ability to regulate ghost guns like all other guns. 

Brady joined with other gun violence prevention groups to file an amicus brief, urging the Supreme Court to uphold the Biden-Harris administration ghost gun rule. The case was argued on October 8th and a decision is expected soon.