Evolving Laws Surrounding Ghost Guns

 Posted on December 12, 2024 in Criminal Defense

The recent high-profile murder of the CEO of UnitedHealthcare has raised many questions across the country. One major topic emerging in the aftermath of the shooting is focused on ghost guns since one was likely used in the incident. As shootings around the country have increasingly involved ghost guns, some have been calling for more regulations on these weapons.

Ghost guns are untraceable firearms that are generally assembled from kits or by 3D printing the parts. They do not have serial numbers and until now have not typically been subject to the same regulatory requirements as traditional firearms. If you have questions about the legal implications of ghost guns, a qualified Naperville, IL criminal defense lawyer can help.

What Are Ghost Guns?

Ghost guns are essentially an Ikea-type solution for firearms. People can use 3D printers to make gun components, or they can purchase individual components or more extensive kits online. Once they have all the components necessary for a gun, they can assemble one that functions like a regular gun and can be just as deadly. Parts and kits can often be purchased without needing to go through a background check, enabling ghost guns to bypass many state and federal firearm regulations. Since ghost guns are virtually untraceable, lawmakers have been increasingly expressing concern that they pose a public safety risk.

How Does Illinois Law Address Ghost Guns?

With ghost guns still being a topic of discussion and no small amount of confusion throughout the country, Illinois has taken significant steps at the state level to address them. A state law passed In May 2022 prohibits the sale, transfer, or possession of unserialized firearms or firearm parts. By law now, all firearms, including previously unserialized ghost guns, must be serialized and registered, and failure to comply can result in criminal charges.

This legislation reflects a broader trend of stricter ghost gun regulation measures being adopted in other states. However, these laws are raising legal questions, including about how they interact with existing federal laws and whether they constitute a possible violation of Second Amendment rights.

How Does Federal Law Address Ghost Guns?

At the federal level, the Biden administration has also considered ways to regulate ghost guns. A rule implemented by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in August 2022 requires federal law to treat gun kits as firearms. As such, kits must be serialized, and anyone buying them needs to pass a background check. 

However, the ATF rule has faced legal challenges, with critics arguing that it goes beyond the agency’s authority and imposes unreasonable restrictions on gun owners and hobbyists. Currently, especially in light of these challenges, the future of federal ghost gun regulations is unclear.

Legal Challenges for Defendants

Evolving laws can make it hard for someone charged with offenses related to ghost guns to understand the charges and how to address them. Defendants may not even realize they are violating the law by purchasing components of a gun kit or assembling a ghost gun. There are also questions about whether someone who lawfully owned a ghost gun before the new laws were passed can now face prosecution for owning those same guns.

As a criminal defense firm with a reputation built on honesty and hard work, Law Office of Philip R. Nathe is dedicated to staying up-to-date on the latest legal developments so we can protect our clients’ rights and ensure that they receive a fair trial.

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

With the laws about ghost guns constantly changing and developing, it is crucial to consult with a respected Naperville, IL criminal defense attorney to make sure you are protecting yourself. At Law Office of Philip R. Nathe, we understand how critical it is to have skilled legal representation when facing possibly confusing charges. We are committed to defending our clients’ rights regardless of the charges and keeping them informed about all relevant legal developments. Call us at 630-416-7600 to schedule a free consultation.