Ghost guns are controversial, but they’re legal in Texas. Anyone who can legally own a firearm can also own a ghost gun.

Ghost guns have been in the spotlight recently after the high-profile shooting death of UnitedHealthcare CEO Brian Thompson. The firearm found on the suspect, Luigi Mangione, is believed to be a 3D-printed ghost gun. This comes as the Supreme Court is considering Garland v. VanDerStok, which questions whether firearms parts kits can be classified as firearms under the Gun Control Act of 1968.

Supreme Court Justice Elena Kagan has compared ghost guns to IKEA furniture because users must buy the parts then build the firearms themselves.

What is a Ghost Gun?

The term “ghost gun” is slang for Privately Manufactured Firearms.

Ghost guns aren’t purchased from a licensed dealer. Instead, someone purchases a build-it-yourself gun kit and constructs the firearm themselves. Because there’s no serial number on the assembled firearm, these weapons can’t be traced when they’re found at crime scenes. 

There are two common types of ghost guns:

• A plastic gun made with a 3D printer that typically fires one bullet
• A do-it-yourself gun assembly kit that includes the parts of a gun but without serial numbers or specific components

These homemade guns bypass state and federal laws requiring tracing.

Due to loopholes in federal gun laws, the kits are not considered firearms because they are missing specific completed components. In addition, under current laws, users aren’t allowed to register their constructed weapons with the federal government.

The kits can typically be purchased in Texas without a background check, identification, or a prepaid debit card or cryptocurrency, so tracing them back to the owner is very difficult for law enforcement officers. This is particularly relevant in Texas, which recorded 177,786 crime-gun searches from 2017 to 2021, the second-highest total in the U.S. Only California had more, with 231,784.

Fifteen states have passed laws requiring serial numbers on homemade parts or banning 3D printing. The distribution of 3D printing instructions is prohibited in some states. However, Texas has not enacted any laws regulating ghost guns.

Is It Illegal to Build Your Own Gun in Texas?

Texas law doesn’t regulate the sale of gun kits, and it’s legal to make your firearm as long as you are not barred from owning a firearm and comply with state and federal laws. This means you must pass a background check. 

However, It’s tough to track ghost gun usage in Texas because Texans are not required to comply with any federal requirements aside from passing the background check. 

Major cities, including Houston, Dallas, and Austin, have reported rising numbers of incidents involving ghost guns. For instance, The Houston Forensic Science Center has reported a steady uptick in cases involving ghost guns.

Cody Wilson, a former law student and registered sex offender from Austin, has been at the center of the ghost gun industry. As co-founder and CEO of Defense Distributed, Wilson is one of the plaintiffs in the current U.S. Supreme Court case, Garland v. VanDerStok. Oral arguments were held in October, while a ruling is expected next year.

Risks of Ghost Gun Use

Experts with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) say that most Texans aren’t purchasing ghost gun kits to commit crimes. The biggest risk is theft.

Over the past three years, more than 25,000 guns have been stolen from vehicles in Texas’ four largest cities: Austin, Dallas-Fort Worth, Houston, and San Antonio. 

If you own a ghost gun, and it’s stolen from your car and used to commit a crime, you could be implicated. It could lead to an investigation and expensive legal fees. At the very least, you’ll get dragged into an investigation and have to prove that the gun was stolen.

To protect yourself, the ATF suggests carrying weapons with serial numbers, leaving your weapons at home, or investing in a glove compartment safe.

READ MORE: Can a DWI prevent you from buying a gun?

Ghost Guns and the UnitedHealthcare Shooting

The most recognizable ghost gun case in the U.S. right now is the shooting death of UnitedHealthcare CEO Brian Thompson. The suspect, Luigi Mangione, was the subject of a national manhunt and has reportedly bragged about building his 3D-printed gun.

Is It Illegal to Sell a Ghost Gun in Texas?

While it’s legal to purchase a ghost gun kit, in Texas, it is illegal to sell a ghost gun without a license.

Federal Firearms Licenses are issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to ensure that all weapons dealers are certified. They allow individuals and businesses to deal with firearms legally. This includes manufacturing, importing, selling, and interstate and intrastate sales. 

READ MORE: Can a felon legally buy a gun?

Federal Laws Restricting Ghost Guns

In August 2022, new federal rules were enacted to regulate ghost gun dealers and sellers, but they did not make ghost guns illegal. Under federal law, ghost guns now fall into the same legal category as traditional firearms as defined by the 1968 Gun Control Act.

The statute was amended to define firearms as “any weapon…which will or is designed to or may readily be converted” into a firearm.

The new rules apply primarily to FFL license holders. 

This means anyone who isn’t legally barred from gun ownership can own a ghost gun. But sales are regulated. Some of the new rules include:

• All manufacturers and dealers of ghost gun building blocks must be licensed
• The building blocks must have serial numbers
• Purchasers must pass a background check
• Sellers must keep records of sale

Suspected Ghost Guns Traced in the U.S.

2017	1,629
2018	2,648
2019	5,926
2020	8,504
2021	19,273

Source: ATF

Legal Challenges to Federal Ghost Gun Restrictions

Gun rights advocates oppose the regulations, and, as with most contentious issues in the U.S. these days, the definition will ultimately be decided by the Supreme Court. 

In October, when the court heard oral arguments in the case Garland v. VanDerStok, questioning implied that the majority of justices are skeptical of the idea that kits of parts to convert into a fully functional weapon in under an hour should be exempted from federal gun laws.

Justice Elena Kagan compared the DIY gun kits to IKEA furniture, stating that when you buy an IKEA table, it is still considered a table, even before assembly.

Dangers of Ghost Guns

Law enforcement officials, in particular, stress the risks of ghost guns. 

• Untraceability: They hinder investigations
• Easier to stockpile: Police say terrorists, extremist groups, gangs, and criminals can build a cache of weapons without detection
• Simplicity: The advent of 3D printers has made ghost guns easier to build
• Increased accessibility: Felons, who legally aren’t permitted to own guns, can access the required parts and use them to develop their own weapons
• Increased use in crimes: According to a federal report, ghost gun use in crimes in the U.S. has increased by 1,000% since 2017

Is a Gun Required to Have a Serial Number?

It’s technically illegal to possess a gun without a serial number. This means that if you’re caught carrying a legal ghost gun, or selling a fully constructed ghost gun to someone else, you could still end up facing criminal charges. Though Texas doesn’t have specific laws regarding ghost guns, the state must follow federal laws. The reason it’s legal to buy ghost gun kits despite the lack of a serial number is that you aren’t purchasing a usable firearm. 

This means that you must take caution if you’re carrying a ghost gun, or if you need to transport one. And if you’re caught firing one, even if you can establish that use of deadly force was justified, you still may be cited for carrying a weapon without a serial number.

If a gun is found at a crime scene and it doesn’t have a serial number, or the serial number has been removed or tampered with, the National Tracing Center has ways to track the gun’s owner, and they will do so if a serious crime is committed.

Are Ghost Guns Reliable?

Even though the components are often made of plastic, ghost guns can typically shoot at least 1,000 rounds. However, anyone who has ever tried to build a piece of furniture understands that there’s always an extra element of risk when you don’t know what you’re doing. Malfunction is always a concern. Consider that even minors can make these guns. 

Ghost Gun Statistics

• There have been over 37,000 ghost guns recovered since 2017
• Recoveries from 2017 to 2021 increased by 1083% 
• California accounted for 55% of the ghost guns identified by the ATF from 2017 to 2021
• Maryland accounted for 5%. 
• Los Angeles recovered 1,921 ghost guns in 2021
• Chicago recovered 455 that same year
• From 2010 to April 2020, more than 2,500 ghost guns were connected to criminal activity in 114 federal cases 
• Between 2016 and 2021, at least 692 ghost guns recovered nationwide were in connection to a homicide or homicide attempt.