Ending the Ghost Gun Loophole: A Compelling Case for the Courts and Congress

The prevalence of ghost guns in the United States has become a significant issue, and the ease with which these firearms can be obtained online is causing a national crisis. Recent reports have highlighted numerous crimes committed with unlicensed and unserialized weapons, resulting in tragic loss of life. The Bureau of Alcohol, Tobacco, and Firearms has linked ghost guns to over 690 homicides and fatal shootings in 2021 alone. The main problem is that these guns lack serial numbers, making it difficult for authorities to trace them back to suspects.

Unfortunately, the lack of serial numbers is precisely what attracts criminals to ghost guns. It also allows individuals who would fail background checks, such as convicted felons or violent extremists, to acquire these weapons. Additionally, those who are underage can easily obtain ghost guns since they are not subject to the usual regulations surrounding firearms sales. Manufacturers exploit a regulatory loophole by marketing unfinished components, such as “frames” for handguns and “receivers” for rifles, which make up 80% of a gun. This allows them to evade the definition of selling a complete firearm.

Transforming these components into fully functional guns is simple thanks to online tutorials. Even individuals with minimal experience can assemble a Glock 19 or AK-47 with ease within a few hours. Sometimes additional parts need to be purchased separately, but often, package deals are available that include all the necessary components.

There is no justifiable reason why federal policy should permit individuals with basic internet skills to bypass the law. Fortunately, the White House attempted to address this issue by publishing a rule last summer, declaring that frames and receivers should be considered firearms under the Gun Control Act of 1968. However, a federal judge in Texas overturned this rule, deeming it an abuse of the ATF’s authority. While there is hope for a successful appeal, Congress has the power to take action as well, by affirming that frames and receivers should be treated as firearms and require both serial numbers and background checks for buyers.

Alternatively, states can also take action to address the problem. Thirteen states have already implemented regulations on ghost guns. The most effective approach would be to ban the sale of unfinished firearms without serialization of their parts and without conducting background checks. In addition, possession of unserialized parts or completed ghost guns should also be prohibited. States and cities can also take legal action against ghost gun companies that ship their products across borders, just like Los Angeles did when it recovered over 700 ghost guns sold by a Nevada-based company. The District of Columbia received a $4 million judgment in a similar case.

Anyone arguing against closing the loophole on ghost guns is essentially advocating for dangerous criminals and reckless children to have easy access to weapons of war with just a few clicks of a mouse. One has to question if the gun lobby is prepared to make such a case.

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