Homemade firearm

What Are Homemade Firearm Kits?

A homemade firearm, also known as a ghost gun or privately made firearm, is a firearm manufactured by an individual without a commercial license.

The Legal Landscape

In the United States, creating a firearm for personal use is generally unlicensed and legal. However, manufacturing firearms for sale or distribution requires a Federal Firearms License (FFL). In 2022, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a rule defining ‘buy build shoot’ kits as subject to regulation, requiring serial numbers and background checks for commercial sellers. This rule was challenged in court and blocked by a US district judge, but an appeal is pending.

State Laws and Regulations

The landscape of privately made firearms varies significantly from state to state. Some states have passed laws restricting privately made firearms, while others allow unfinished receivers to be sold without background checks. For instance, California has a history of stringent gun control measures, including the vetoing of serial number requirements for receiver blanks in 2014 and passing bills requiring serial numbers for all firearms starting from 2016.

Technological Advances

The production of homemade firearms has evolved with technology. Historically, hand tools and machine tools were used to manufacture these weapons. However, the advent of polymer receiver blanks and kits has made it easier for hobbyists to produce firearms. The 3D printing technology has also become popular among firearms enthusiasts, allowing them to create receivers from plastic.

Popular Homemade Firearm Models

The AR-15-style firearm is commonly produced as a privately made firearm, using widely available components like barrels and stocks. Pistols and AK-47-style semi-automatic rifles are also popularly made privately. Overseas production centers include China, Pakistan, and the Philippines. These firearms often lack serial numbers and manufacturer identification, making them difficult to trace.

Gun Rights vs. Gun Control

Are homemade firearms a constitutional right or a dangerous loophole? Gun rights activists support private firearm production as a way to maintain gun owner privacy and argue that privately made firearms are rarely used in crime. However, the FBI reports an increasing use of these firearms in crimes. Notable incidents include shooting sprees in California, Maryland, and Philadelphia, using home-assembled AR-15-style rifles.

Law Enforcement Challenges

The ATF has documented recoveries of privately made firearms in 38 states since the issue rose to prominence in California, with over 1,600 firearms entered into NIBIN. Law enforcement officials are encountering privately made machine gun conversion devices, such as the Glock switch, used in crimes like the 2022 Sacramento shooting.

State-Specific Regulations

Delaware law is being challenged in litigation by gun-rights activists.

• California: Vetoed serial number requirement for receiver blanks in 2014; passed bill requiring serial numbers for all firearms, including antique guns, and background checks in 2016. Starting July 1, 2024, firearm precursor parts must be sold through licensed dealers.
• Colorado: Outlaws creation, carriage, transportation, discharge, and sale of unserialized firearms starting January 1, 2024; bans manufacture, possession, and sale of unserialized frames/receivers starting January 1, 2024. Provides regulations for existing unserialized firearms to be serialized by licensed dealers.
• Connecticut: Requires serial numbers on manufactured guns since October 1, 2019; banned plastic guns that ‘after removal of grips, stocks and magazines, is not detectible’ by metal detectors.

The debate over homemade firearms continues to rage, with gun rights activists and lawmakers grappling with the balance between privacy and public safety. As technology advances, so too do the methods for privately producing firearms, making it a complex issue that requires ongoing attention and regulation.