Ghost Guns | Everytown For Gun Safety

Ghost guns are the fastest-growing gun safety problem facing our country. ATF estimates that more than 70,700 suspected privately made firearms (i.e., ghost guns) were recovered by law enforcement between 2016 and 2022—nearly two-thirds of which were recovered in 2021 and 2022.1Everytown Research analysis of US Department of Justice, “Justice Department Announces New Rule to Modernize Firearm Definitions,” press release, April 2022, https://www.justice.gov/opa/pr/justice-department-announces-new-rule-modernize-firearm-definitions; US Department of Justice, “FACT SHEET: Update on Justice Department ’s Ongoing Efforts to Tackle Gun Violence,” press release, June 2023, https://www.justice.gov/opa/pr/fact-sheet-update-justice-department-s-ongoing-efforts-tackle-gun-violence. Note: The ATF warns that “[t]he dramatic rise in trace submissions involving PMF’s reflects both increased criminal use of these firearms and enhanced awareness among law enforcement that ATF will process trace requests for PMFs. In particular, the substantial increase in PMF trace submissions since 2020 is in part attributable to education, outreach, and training that ATF has provided to LEAs on how to identify PMFs and the importance of submitting them for tracing.” They are becoming a weapon of choice for violent criminals, gun traffickers, and other legally prohibited persons, as well as right-wing extremists. The country has also seen incidents of gunfire on school grounds and unintentional shootings by children involving ghost guns.

Federal authorities finalized a rule which took effect in August 2022 that clarified that the core building blocks of ghost guns are firearms under the law—ensuring they are traceable and that licensed dealers must conduct a background check before their sale. The rule updated and clarified key regulatory definitions, including “firearm,” “frame,” and “receiver,” to ensure that kits and components that are easily assembled into untraceable ghost guns are subject to the same regulations as firearms.2US Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives, “Definition of ‘Frame or Receiver’ and Identification of Firearms,” Federal Register 87, no. 80 (April 26, 2022): 24652–749, https://www.govinfo.gov/content/pkg/FR-2022-04-26/pdf/2022-08026.pdf.

This ATF rule has been challenged in court, and litigation is ongoing. In the event that the ATF rule is struck down, Congress must act to ensure that the core parts for ghost guns are defined as firearms and properly regulated. States should also consider additional action to regulate ghost guns.