A "ghost gun" is a firearm that you build yourself - usually from an 80% kit - that doesn’t have a serial number and isn’t registered in any system of government records.
Is this legal? Can I just build a firearm at home? According to the Bureau of Alcohol, Tobacco, and Firearms (BATF) web-site:
Q: Does an individual need a license to make a firearm for personal use?
A: No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non-sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x-ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.
So, while you would need a license to build firearms for others, if you are building a firearm for your own personal use, this is not regulated by the BATF. It is perfectly legal to build a firearm at home.
Most firearms parts and accessories can be purchased by anyone. The regulated portion of the firearm is the lower receiver. When this portion of a firearm is more than 80% complete, it is defined by the BATF as being a firearm in an of itself.
When the lower receiver is less than 80% complete it is not consider a firearm and can like other firearms parts be purchased by anyone. There are companies that specialize in selling 80% lower parts and kits. (Note that 80% is not specifically defined under the law. See video at the end of this post discussing the law.) Some of these companies include:
But even major firearms parts distributers such as Brownells sells 80% lower receivers.
The most basic part for an 80% lower receiver kit is just the un-milled lower receiver itself.
Although you can also buy 80% kits that include additional parts for assembling the other parts of the firearm.
Defense Distributed sells a CNC Mill for around $1,700 (March 2018) that is specifically designed for finishing 80% lower receivers. You could buy a bench-top drill and mill machine from Harbor Freight for around $700 (March 2018) that would also work for finishing your 80% lower receivers.
Security Concerns?
Yes, it’s possible (and legal) to build a firearm for personal use. Doesn’t this mean that convicted felons and mentally unstable people who are prohibited from owning firearms can now get one? If you listen to some news channels ghost guns are going to kill us all.
It is far more likely that a person who can’t legally buy a firearm would just steal one instead of taking the time and developing the skill to build one from scratch.
If you own an AR-15 style rifle, go disassemble it. Don’t just field-strip it but take apart the trigger group. Break it down to every spring, screw, nut, and clip. Now put it back together. Some of you will be able to do this easily, but many firearm owners don’t have this level of skill and knowledge about their firearm – but this is the level of skill you will need (plus basic machining skills) to build a firearm from an 80% lower.
Building firearms from 80% lower receiver kits and parts is something that is done by firearms hobbyists and gunsmiths – people who can legally purchase a finished version the same type of firearm they are building.
There are cases where a person prohibited from owning a firearm has built one and carried out a crime with that firearm, but these cases are extremely rare. If a criminal wants to obtain a firearm he can probably do so, but building that firearm from kits and parts is not likely to be the way he does it.
The other concern with firearms built from kits and parts is that they don’t have serial numbers and are not registered with the government. But then we should probably ask ourselves why the government needs a list of law abiding firearms owners and the type of firearms they own?
80% Lowers & the Law: Combating the "Ghost Gun" Agenda - by: Attorney Alex Kincaid
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