Ghost guns are homemade firearms that lack serial numbers or other identifying marks - and are therefore untraceable when recovered from a crime scene. Also known as an "80% receiver," or an "unfinished receiver," these parts are legally sold without background checks because they fail to meet the definition of a firearm. Under federal law, ghost guns are not illegal per se. A person does not need a license to make a weapon for personal use — only when manufacturing and selling weapons is a license required. This loophole allows sellers to break their weapons down into separate parts. In 2019 our ATF said that 30% of all guns now recovered in California were unserialized. Critics claim these do-it-yourself guns are emerging as a weapon of choice for people legally prohibited from buying firearms, and this has the potential to wreak havoc on every state and federal gun law on the books. They say that although ATF does not currently classify unfinished frames and receivers as firearms, as it once did, it could address the ghost gun problem by doing so again.

President Biden has recently ordered the Justice Department to make kits and parts for ghost guns be treated as firearms, requiring these parts have serial numbers and be subject to background checks. Federal judges declined requests to pause this change, however it has not been codified into law.

Pending Legislation: H.R.3993 - To provide a private right of action against the maker of any component of a ghost gun, and any person who facilitated a sale of the ghost gun, for injury or death resulting from the use of the ghost gun.
Sponsor: Rep. Ritchie Torres (NY)
Status: House Committee on the Judiciary
Chair: Rep. Jim Jordan (OH)