Is a Fully Automatic Ghost Gun Legal?
It's a common misconception that owning and using a fully automatic ghost gun, which lacks a serial number, is legal. However, the legality of these weapons is much more complex and often misunderstood, much like the sale and use of cocaine.
The Reality of Ghost Guns
Ghost guns are firearms without a serial number, making them difficult for law enforcement to track. However, they are not entirely unregulated. Let's break down the legalities:
No New Automatic Registration
Firstly, no additional fully automatic firearms can be registered to private citizens after May 1986. If you are already licensed as a machine gun manufacturer, you must affix a serial number to each receiver you make. With a serial number, the firearm is no longer a “ghost gun” and falls under the jurisdiction of the federal government.
Partially Automatics and Over Two-Thirds Automatic
Around 1986, the U.S. government introduced restrictions. Only partially automatic firearms and those that are less than two-thirds automatic can legally be made without a serial number. Any firearm that is over two-thirds automatic requires you to file an application and pay a fee to the Firearms and Firearms Dealing (FFL) dealer. This applies to both fully automatic ghost guns and other firearms.
Illegal in All States?
Not quite. While some states may have specific laws regarding the possession and use of fully automatic firearms, owning a fully automatic ghost gun is generally illegal unless you fall into a special class such as a licensed gun manufacturer, on-duty law enforcement, or another authorized individual.
Why the Complexity?
It's important to understand that these weapons are subject to all the laws pertaining to ordinary firearms. Fully automatic firearms, in particular, must be registered with the Federal government. The registry for new registrations is closed, meaning no new fully automatic firearms have been added to the registry since 1986. Therefore, unless you possess a firearm with a serial number that was manufactured before 1986 or are part of an authorized group, your fully automatic ghost gun is likely illegal.
Legal Pathways
There is a legal pathway to convert a ghost gun into a fully automatic firearm. However, it involves several steps and might defeat the "ghostliness" of the firearm. For instance, you can go through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to get an auto sear and pay the $200 tax stamp, which can take about a year. However, you will need to leave some parts registered with the federal government, which might not meet the original definition of a ghost gun.
It's crucial to consult with a legal expert or the ATF to ensure compliance with the law. Failure to do so can result in severe penalties, including imprisonment and hefty fines.
Conclusion
In summary, fully automatic ghost guns are not generally legal. The manufacture and distribution of such weapons are heavily regulated, and owning one involves a complex legal process. Always seek professional advice to navigate these laws and ensure compliance.