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What happens if you get caught with a ghost gun?
In this article, you’ll learn about:
Let’s dig in.
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Getting caught with a ghost gun carries serious consequences.
You are not allowed to possess a ghost gun unless you:
Getting caught with a ghost gun means you:
The police cannot create ballistic reports on ghost guns like normal guns.
This is because ghost guns don’t have:
But, they can use ballistic technology to link a ghost gun to other crimes.
They can do this by comparing bullet cartridges and firing pins:
This can help them prove that the ghost gun got used in gun crimes.
A ghost gun is a homemade gun.
Ghost guns are:
They get put together using parts that are not regulated by the government, like:
They are often referred to as “80% receivers.”
This is because they are usually only 80% finished when bought.
Ghost guns are controversial because they are not tracked or monitored.
They don’t have serial numbers that the government can track for gun control.
Anyone can buy the parts and put together a firearm without the government knowing.
Ghost guns can get bought online or at gun shows.
The most common kind is an AR-15-style rifle, but there are also:
These guns get assembled with metal components like:
They can get made at home with basic tools, 3D printers, and knowledge of guns.
Ghost guns are a big problem for police officers.
This is because they get used to commit crimes that leave no trace.
Ghost guns account for an estimated 4-10% of firearms used in crimes.
They can also be dangerous because they are often not made with quality workmanship.
Last year, an estimated 1,400 gun owners got killed by homemade guns.
The lack of regulation has led to more of these guns being in circulation.
An estimated 1.2 million ghost guns are in circulation.
Despite the controversy, ghost guns are still popular.
Especially with people who can’t buy guns legally because of their age or criminal record.
Ghost guns show that current gun laws need to get improved to keep us all safe.
Read More: Can I Get In Trouble If My Gun Is Stolen
Let’s break down the laws for getting caught with ghost guns.
Most of these federal laws are found under 18 U.S.C. § 922.
The Undetectable Firearms Act of 1988 says that the following types of firearms are illegal:
Let’s say that a ghost gun:
In this case, the ghost gun is illegal to possess, manufacture, or transfer.
General state laws state that you’re breaking the law if you:
Every state will hit you with a felony charge for getting caught with a ghost gun.
Here are the fines and jail time if you get caught with a ghost gun in each state.
| State | Maximum Jail Time | Maximum Fines |
|---|---|---|
| Alabama | 10 Years | No Fine |
| Alaska | 5 Years | $50,000 |
| Arizona | 3 Years | $150,000 |
| Arkansas | 6 Years | $10,000 |
| California | 3 Years | $10,000 |
| Colorado | 6 Years | $500,000 |
| Connecticut | 5 Years | $5,000 |
| Delaware | 10 Years | No Fine |
| Florida | 3 Years | $5,000 |
| Georgia | 5 Years | $10,000 |
| Hawaii | 5 Years | $10,000 |
| Idaho | 5 Years | $5,000 |
| Illinois | 5 Years | $25,000 |
| Indiana | 10 Years | No Fine |
| Iowa | 10 Years | No Fine |
| Kansas | 5 Years | $100,000 |
| Kentucky | 5 Years | $10,000 |
| Louisiana | 10 Years | No Fine |
| Maine | 5 Years | $5,000 |
| Maryland | 10 Years | No Fine |
| Massachusetts | 5 Years | $10,000 |
| Michigan | 5 Years | $2,500 |
| Minnesota | 5 Years | $10,000 |
| Mississippi | 10 Years | No Fine |
| Missouri | 7 Years | $5,000 |
| Montana | 5 Years | $50,000 |
| Nebraska | 5 Years | $10,000 |
| Nevada | 5 Years | $10,000 |
| New Hampshire | 7 Years | No Fine |
| New Jersey | 5 Years | $15,000 |
| New Mexico | 3 Years | $5,000 |
| New York | 4 Years | $5,000 |
| North Carolina | 10 Years | No Fine |
| North Dakota | 5 Years | $10,000 |
| Ohio | 5 Years | $10,000 |
| Oklahoma | 10 Years | No Fine |
| Oregon | 5 Years | $125,000 |
| Pennsylvania | 5 Years | $15,000 |
| Rhode Island | 10 Years | No Fine |
| South Carolina | 5 Years | $5,000 |
| South Dakota | 5 Years | No Fine |
| Tennessee | 6 Years | $3,000 |
| Texas | 10 Years | No Fine |
| Utah | 5 Years | $5,000 |
| Vermont | 5 Years | $25,000 |
| Virginia | 10 Years | No Fine |
| Washington | 5 Years | $10,000 |
| West Virginia | 5 Years | $2,500 |
| Wisconsin | 6 Years | $10,000 |
| Wyoming | 5 Years | $10,000 |
For example, Baltimore, Maryland just passed two bills on ghost gun laws:
It says that individuals who sell or transfer unserialized firearms would be subject to:
Governor Hogan didn’t sign it, stating that “it didn’t do anything to penalize gun violence.”
The penalty for getting caught with a gun without a serial number is:
In California, it is now illegal to assemble, own, buy, or sell a ghost gun.
A ghost gun is a homemade firearm that:
You must get a serial number from the California Department of Justice.
Anyone purchasing gun components must also pass a background check.
Gov Newsom says these laws help make California safer.
By keeping people from getting guns illegally.
You have to have a manufacturing license to manufacture guns with a 3D printer.
This applies to all people, firms, or corporations.
They have to get their manufacturer’s licenses from the California Department of Justice.
People without a manufacturing license:
Los Angeles law enforcement officers confiscated 360 ghost guns last year.
In Texas, the gun laws for ghost guns vary.
Generally, it is illegal to own:
Making or assembling a homemade gun without a federal firearm license is also illegal.
Ghost guns made from unfinished frames or receivers may be legally owned in Texas.
But it is important to check the current regulations.
Some states may also allow ghost guns for people with concealed carry licenses.
What would make ghost guns legal or illegal in Texas?
Legal things are:
Illegal things are:
No, you cannot conceal carry a ghost gun.
Ghost guns are not considered firearms and, therefore, are not subject to gun laws.
You will get federal and state-level criminal charges for getting caught with one.
Let’s say that you build and possess your own ghost gun (handmade gun).
You will get charged with BOTH:
These are both felony charges.
You will get two felony charges on your criminal record.
You will NOT have to:
Generally, the court will impose a single sentence and a single fine.
These will encompass the charges.
For the possession of a ghost gun, you will get:
For the manufacture of a ghost gun, you will get:
Getting caught in any of these scenarios will land you with enhanced criminal penalties.
Examples of a prohibited person are:
Examples of the intent to commit a crime are:
Examples of manufacturing a ghost gun for sale or distribution are:
Examples of this are doing any of the following on school grounds:
Examples of possessing a ghost gun with the intent to traffic or sell are:
These are the most common questions we get from clients getting caught with ghost guns.
Yes, it is illegal to make your own gun without a license.
It’s also illegal to possess a homemade gun in most states.
No, ghost guns are not legal to take to a gun range.
Ghost guns are not considered legal firearms.
And they are not registered with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Therefore, it is illegal to take a ghost gun to a gun range.
Getting caught with a ghost gun lands you with serious charges like:
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And straddled with a quarter million in fines for your family to be on the hook for.
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