[Hobby Section] Getting a ghost gun 10-19-2020, 04:08 AM
#1
![[Image: this-is-a-5b65b5.jpg]](https://media.makeameme.org/created/this-is-a-5b65b5.jpg)
No, not that kind of ghost gun. And technically not the legal definition of one either (we won't get into it). Here's what I mean by the term:
1. No record of sale or production (it doesn't exist)
2. No ability to trace
3. No serial numbers anywhere
"Well that's illegal!", I can hear it now. No it isn't. We're going to go into a tiny bit of detail regarding 18 USC Chapter 44.
It is illegal for a manufacturer of firearms to sell or import a firearm that does not have a serial number (26 U.S. Code § 5842)
Spoiler:
(a)Identification of firearms other than destructive devices
Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.
(b)Firearms without serial number
Any person who possesses a firearm, other than a destructive device, which does not bear the serial number and other information required by subsection (a) of this section shall identify the firearm with a serial number assigned by the Secretary and any other information the Secretary may by regulations prescribe.
©Identification of destructive device
Any firearm classified as a destructive device shall be identified in such manner as the Secretary may by regulations prescribe.
Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.
(b)Firearms without serial number
Any person who possesses a firearm, other than a destructive device, which does not bear the serial number and other information required by subsection (a) of this section shall identify the firearm with a serial number assigned by the Secretary and any other information the Secretary may by regulations prescribe.
©Identification of destructive device
Any firearm classified as a destructive device shall be identified in such manner as the Secretary may by regulations prescribe.
Okay, so serial numbers are only required for manufacturing guns. But I can't make a gun without getting a manufacturing (type 07) license, right?
Wrong. ATF acknowledges this here, and the relevant law is 18 USC 921(21))(a) and ©
Spoiler:
(21)The term “engaged in the business” means—
(A)as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured;
<trimmed for length>
©as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;
(A)as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured;
<trimmed for length>
©as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;
Okay, so what does this all mean?
It means that unless you're making guns as a matter of business (eg to sell or trade), you're exempt from (most of) the laws governing the manufacture of firearms. This includes the necessity to obtain a license as well as the need to mark your firearm with a serial number.
Now you might be saying "ok that's cool and all, but I don't have the skills to make a gun". Believe me, you're wrong again.
Sure, you probably don't have the tools or skills to make ANY gun you want, but I'm going to briefly go over the legalities of building a ghost gun. I won't give you instructions, for that, you should check out pornhub.
Here's what you'll need:
1. A PF940C frame blank
2. An Upper Assembly for Glock 19 G3
3. A lower parts kit for G19 G3
4. A 9mm glock magazine
It's pretty simple, for tools, you'll need
1. A razor blade
2. Sandpaper
3. A drill
4. A small round file
You can do it with power tools, but that way works just fine.
In the end, you'll be able to assemble a gun that is a near exact copy of a Glock 19 (midsize 9mm) that has not a single serial number on it.
You might be asking "how is this leagl!? don't I need a background check?"
The answer is no. In firearms law, a firearm (what you need a background check for) is defined by 18 USC 921(a)(3):
Spoiler:
(3)The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; © any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
What this means is that every single part of a glock handgun EXCEPT the piece of plastic is an unregulated component. But what about the piece of plastic you got, isn't that a "firearm frame or receiver"? Well, according to ATF, no. Because you have to do considerable work to make it into something that is convertible into a firearm, it's also an unregulated part.
So in conclusion, yes, you can legally own a gun with no serial numbers (even commercial ones, but we'll talk about NSN's another day), and yes you can legally make your own gun. This means that as long as you make it yourself, you can legally own a ghost gun.
There are some restrictions. In CA, you can still do this, however you do need to mark it with a serial number. Used to be you could just mark it with a random one, but now you must apply for one from the state (lame).
Let me know what you think, and if you've made one of these, please post some pics.



























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