If you possess an unserialized firearm in Texas, you need to know what happens if authorities catch you with a ghost gun. At Rosenthal Kalabus & Therrian, we understand the confusing interaction between state and federal law concerning ghost guns. This is particularly true in light of the federal law modernizing the definition of “firearm.” It’s reasonable to ask, “Are ghost guns legal in Texas?”
When it comes to guns and gun charges in Texas, you need legal guidance and representation you can trust. You don’t have to defend yourself against a ghost gun charge. Instead, work with a Texas firearm attorney who understands these complex laws and will fight on your behalf.
What Is a Ghost Gun?
Individuals assemble ghost guns from components bought separately or in kits, and these firearms lack serial numbers. A person can assemble a ghost gun from “buy build shoot” ghost gun kits or other parts. Ghost guns can also be 3D-printed. Because they are initially created as unfinished receivers or frames, ghost guns are not classified as firearms until they are assembled and complete.
Why do criminals use ghost guns? Because they don’t have serial numbers, ghost guns are untraceable. Manufacturers often intentionally market these guns as unregulated and untraceable to people seeking to use them for criminal purposes.
The sale and use of ghost guns have dramatically increased. According to the U.S. Department of Justice, officials confiscated 25,785 ghost guns in a recent year, representing a more than tenfold increase from just six years earlier. What happens if you get caught with a ghost gun?
Is It Illegal to Make Your Own Firearm in Texas?
Under ghost gun laws in Texas, it’s legal to purchase a gun kit and make your own firearm for personal use as long as you are not otherwise prohibited from doing so. You must also comply with all other state laws and federal laws concerning gun ownership, including passing a background check.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently passed a rule obligating federal firearm licensees (FFLs) to record and officially mark any privately made firearms that pass through their inventory. However, this rule does not mandate that private, unlicensed persons mark or comply with requirements concerning ghost guns they make themselves for personal use.
Reviewing the Texas and federal definitions of firearms is instructive. Texas law defines a firearm as any device designed, made, or adapted to send a projectile through a barrel using energy generated by an explosion or burning substance. The definition of firearm is broader under federal law, including:
- Any weapon designed to or convertible for the purpose of expelling a projectile through explosive
- The frame or receiver of any such weapon
- Any firearm muffler or firearm silencer
- Any destructive device
Has the Supreme Court Issued Any Decisions Concerning Ghost Guns?
We’ve not yet seen a Supreme Court ruling on ghost guns, although the Court is scheduled to hear the case of Garland v. VanDerStok in late 2024. In this case, the Supreme Court will take up the Biden administration’s appeal over the regulation of ghost guns. The court had intervened to uphold the regulation, which changed the federal law’s definition to include unfinished gun parts for easier tracking by authorities. You must license the parts and ensure they display serial numbers. This requirement applies regardless of the method used to construct the firearm. Accordingly, ghost guns made from individual parts or kits or by 3D printers must have serial numbers under the current federal law.
What Happens If You Defend Yourself with a Ghost Gun?
Facing ghost gun charges in Texas? You need an experienced criminal defense attorney to protect your rights. Your lawyer will tailor their defense strategy to your specific case. However, some defense strategies are common in these cases, including:
- Intent – Your lawyer will analyze your alleged intent to commit a crime, demonstrating any lack of intent, as they build your defense.
- Search and seizure – Your attorney will assess the search that revealed the ghost gun to determine whether police violated procedural requirements that may invalidate the search and seizure.
- Possession – Criminal defense attorneys understand how to evaluate the issues related to ghost gun possession. Your lawyer will examine the facts and circumstances related to your alleged ownership and control over the ghost gun.
While it is legal to have a ghost gun, you can’t use it to commit a crime or in an unlawful way. Because gun charges can carry serious consequences, having an attorney on your side is crucial to your defense.
Is It Illegal to Have an Unregistered Gun in Texas?
No, Texas law does not require gun owners to register their firearms with the state. Accordingly, Texas residents may possess guns without official records. Texas permits unregistered firearm ownership but requires gun owners to follow laws regarding the purchase and transfer of guns.
What happens if you get caught with a ghost gun? Failure to comply with Texas and federal gun laws can result in criminal charges. For example, authorities recently charged a Rockwall, Texas, man who allegedly imported Glock switches from China with a firearm crime. The defendant allegedly imported machine gun conversion devices from China. He reportedly installed one of them in an untraceable ghost gun. The U.S. Attorney for the Northern District of Texas stated, “We cannot and will not allow these lethal devices to proliferate in north Texas.”
Contact a Texas Criminal Defense Attorney Today
Law enforcement officers and prosecutors take ghost guns seriously, and facing accusations of possessing one of these firearms could lead to significant consequences. Since ghost gun laws are in flux, understanding your legal rights under federal law and Texas gun laws is crucial to minimizing your risk of serious gun charges. A Texas attorney from Rosenthal Kalabus & Therrian with experience in firearms law can provide the support and help you need with favorable results. Contact us today at (972) 369-0577 or through our online form for a confidential consultation to discuss your case.