Thank you for taking the time to set the record straight. I would point out one slight glitch...a person who makes a home-made firearm for personal use and then later decides to sell it can legally do so. It is NOT against FEDERAL law, but may be illegal in some states. So long as they didn't make the firearm with the intent of selling it no laws are broken.
Great article Emily. I don't think it matters what the ATF does with the home built guns (I hate the phrase Ghost gun). The cat is out of the bag now with technology in the realm of 3d printers and cnc machines.
Ok, all this is interesting... but, here’s the problem.. it’s none of anyone’s business... if someone commits a crime using a gun, it’s already a crime, criminals have never had issues obtaining guns, this is all about the desire of government to have chain of custody, quasi-registration info...
Yet another example of Emily Miller not knowing enough about what she's talking about to correct those advising here...the e-mail from the wannabe gun expert Sgt proves that yet again most cops don't actually know anything about gun laws...his definition of a "receiver" is inaccurate..."The ATF considers the frame or receiver (the part that will house the trigger, hammer, fire selector, disconnector, etc.) a firearm."...that is false
The actual ATF definition of a receiver is:
Title 27, Code of Federal Regulations, section 478.11 defines a “firearm receiver” as, “[t]hat part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.”
Yes, this matters as the ATF has long been challenged with how to actually enforce that definition...especially in the AR15 world where the ATF considers the "lower" the receiver, yet the lower of an AR does NOT include a bolt or breechblock....
This statement by the Sgt is also inaccurate "That means it cannot be legally transferred any further unless this is done by a licensed manufacturer, but we are talking about individuals here."
These firearms most certainly can be transferred as long as it wasn't manufactured with the specific intent to be sold. Transfer rules are state dependent and some states allow them to be transferred and some do not.
And again...more false information from the good Sgt..."There is one caveat here in reference to non-ghost gun issues. An individual building an AR-15 weapon using this method cannot build a short-barreled rifle."
Not true, you can in deed apply to the ATF using a Form 1 for an SBR (short barreled rifle) using a home built receiver...I have 2!
Gun control propagandists--usually the same suspects from the Bloomberg cabal--have been trying to hype all kinds of fear over these guns. But they're always hard up for numbers that justify the hype.
But, the gun control industry thrives on fear and ignorance.
He's actually wrong on the transfer. An individual can sell it to another individual and that is perfectly legal. The weapon must not be made with the intention of selling it though. It is for personal use but it can be be sold in a private transfer like any other property. This depends on how fascist your state is though. It only requires a serial number if it goes to a FFL for purchase by another.
Our constitution prohibits the Federal Government from interfering with our Natural Right to bear arms. THere's no caveat, or subscript in it making exceptions for firearms with, or without, serial numbers. There is likewise no exception for who/how a firearm is created. ALL of the federal regulations on firearms are unconstitutional. Want to make so-called 'ghost guns' illegal? Cool. Amend the US Constitution.
UPDATE- "Sgt. Roger Murtaugh" has read all your comments and is writing a response with more information.
How many holes do you need to drill in a sheet of steel or how much do you need to mill off a block of aluminum before you have a firearm?
Let’s write a few more laws to make it even more illegal to shoot someone.
Regardless, I thought the article was very good at explaining the concept. I love all your stuff. Thank you.
Very good an complete discussion of what constitutes a ghost gun.
Thank you for taking the time to set the record straight. I would point out one slight glitch...a person who makes a home-made firearm for personal use and then later decides to sell it can legally do so. It is NOT against FEDERAL law, but may be illegal in some states. So long as they didn't make the firearm with the intent of selling it no laws are broken.
Great article Emily. I don't think it matters what the ATF does with the home built guns (I hate the phrase Ghost gun). The cat is out of the bag now with technology in the realm of 3d printers and cnc machines.
Thanks for being a disseminator of facts and information in context. And not just facts, but education too. Facts isolated are terrible.
Ok, all this is interesting... but, here’s the problem.. it’s none of anyone’s business... if someone commits a crime using a gun, it’s already a crime, criminals have never had issues obtaining guns, this is all about the desire of government to have chain of custody, quasi-registration info...
Wow! Thanks for this Ms Emily and to your source. BTW you must enjoy Danny Glover in Lethal Weapon series.
This is interesting: http://www.gunfacts.info/blog/ghost-gun-gong-show/
Yet another example of Emily Miller not knowing enough about what she's talking about to correct those advising here...the e-mail from the wannabe gun expert Sgt proves that yet again most cops don't actually know anything about gun laws...his definition of a "receiver" is inaccurate..."The ATF considers the frame or receiver (the part that will house the trigger, hammer, fire selector, disconnector, etc.) a firearm."...that is false
The actual ATF definition of a receiver is:
Title 27, Code of Federal Regulations, section 478.11 defines a “firearm receiver” as, “[t]hat part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.”
Yes, this matters as the ATF has long been challenged with how to actually enforce that definition...especially in the AR15 world where the ATF considers the "lower" the receiver, yet the lower of an AR does NOT include a bolt or breechblock....
This statement by the Sgt is also inaccurate "That means it cannot be legally transferred any further unless this is done by a licensed manufacturer, but we are talking about individuals here."
These firearms most certainly can be transferred as long as it wasn't manufactured with the specific intent to be sold. Transfer rules are state dependent and some states allow them to be transferred and some do not.
And again...more false information from the good Sgt..."There is one caveat here in reference to non-ghost gun issues. An individual building an AR-15 weapon using this method cannot build a short-barreled rifle."
Not true, you can in deed apply to the ATF using a Form 1 for an SBR (short barreled rifle) using a home built receiver...I have 2!
Seriously Emily....find better sources.
Gun control propagandists--usually the same suspects from the Bloomberg cabal--have been trying to hype all kinds of fear over these guns. But they're always hard up for numbers that justify the hype.
But, the gun control industry thrives on fear and ignorance.
He's actually wrong on the transfer. An individual can sell it to another individual and that is perfectly legal. The weapon must not be made with the intention of selling it though. It is for personal use but it can be be sold in a private transfer like any other property. This depends on how fascist your state is though. It only requires a serial number if it goes to a FFL for purchase by another.
Our constitution prohibits the Federal Government from interfering with our Natural Right to bear arms. THere's no caveat, or subscript in it making exceptions for firearms with, or without, serial numbers. There is likewise no exception for who/how a firearm is created. ALL of the federal regulations on firearms are unconstitutional. Want to make so-called 'ghost guns' illegal? Cool. Amend the US Constitution.