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Ghost Guns Explained: What They Are and Their Legal Status

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Posted: 11th December 2024 by
Tom Flynn
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Ghost Guns Explained: What They Are and Their Legal Status.

UnitedHealthcare CEO Brian Thompson was shot dead by a masked gunman outside a New York City hotel last week in an apparent assassination that has gripped the public’s imagination.

Security camera footage of the incident in the early hours of December 4 shows the suspect drawing his weapon and firing at least three times at close range. The 50-year-old CEO drops to the pavement in the video, later dying from his wounds.

After several days of speculation regarding the motive and identity of the shooter, police in Pennsylvania arrested 26-year-old Luigi Nicholas Mangione on Monday. Police say that they found a “ghost gun” made with a 3D printer on Mangione. The popularity of this kind of firearm, whether created using a printer or purchased online as a kit for home assembly, has surged over the last ten years. This rise can be attributed in part to the fact that these firearms lack serial numbers, making them untraceable by law enforcement.

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They have transitioned from a hobby for gun enthusiasts and hobbyists to a growing factor in gun violence across the US, now becoming the focus of a significant Supreme Court case.

So, what exactly is a 'ghost gun'?

The term "ghost gun" refers to firearms that are sold as unfinished frames and receivers, which are the essential parts of a gun. These can be assembled into operational firearms using additional components that can be purchased separately.

The name reflects their lack of visibility to law enforcement. Prior to 2022, these gun kits could be sold without serial numbers or registration, and buyers were not required to meet age restrictions or undergo background checks to receive them. Additionally, 3D printers have been utilized to create fully operational guns, parts, and accessories.

They gained attention as a tool for gunsmithing in the early to mid-2010s, particularly after Cody Wilson, a key advocate for 3D printed and ghost guns, established Defense Distributed, which provides the digital blueprints necessary for gun creation. Although an Obama-era regulation aimed at curbing the distribution of these files was upheld in 2019, the unclear legal status means that these schematics remain accessible online.

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How long have ghost guns been in existence?

Initially a niche interest for gun enthusiasts, do-it-yourself gun kits have been available since the 1990s. However, their use has surged in high-profile shootings since the early 2010s. In California, where cities and state officials have taken legal action against kit manufacturers and banned the sale of these kits, several notable shootings in the last decade have been linked to ghost guns.

Homemade firearms were involved in a mass shooting in Santa Monica in 2013, a bank robbery in Stockton in 2014, and a tragic shooting spree in Tehama County that resulted in six deaths in 2017. In 2019, a 16-year-old used a ghost gun to kill two students and injure three others before taking his own life at a school in Santa Clarita.

The following year, amid widespread protests against police violence, Steven Carrillo employed a homemade machine gun to attack two security guards at a federal building in Oakland and ambushed a sheriff’s deputy in Santa Cruz. In 2022, a man prohibited from owning firearms due to a domestic violence restraining order used a ghost gun to fatally shoot his three daughters, a supervising man, and then himself.

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These incidents have raised awareness about ghost guns, highlighting that they are distinct weapons, not merely firearms with obliterated serial numbers. Despite this, the number of ghost guns recovered by law enforcement continues to rise. In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) seized 25,785 ghost guns in the United States, a significant increase from 1,629 in 2017, according to data from the US Department of Justice and the ATF.

Are ghost guns legal?

While it is legal to purchase and assemble a ghost gun at the federal level, regulations have tightened under the Biden administration. In 2022, the ATF implemented a new rule that classified certain components of ghost gun kits similarly to traditional firearms.

This rule mandates that companies selling these kits must affix serial numbers to unfinished frames and receivers and perform background checks on potential buyers. Additionally, federally licensed gun dealers are required to maintain records of ghost gun kit sales until they cease operations. However, this move faced immediate backlash from kit manufacturers, Second Amendment advocates, and lawyers who challenged the rule, claiming that the ATF exceeded its authority.

 

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