Are Ghost Guns Legal? What You Need to Know About Untraceable Firearms
The term "ghost gun" has gained national attention over the past few years—and for good reason. These untraceable firearms, often assembled from kits or 3D-printed at home, present unique challenges for both law enforcement and lawmakers. As concerns about gun violence, regulation, and public safety continue to rise, many people are left asking: Are ghost guns legal?
The answer isn’t as straightforward as you might think. The legality of ghost guns depends on several factors, including how the firearm was made, who possesses it, and what state or federal laws apply. In this blog, we’ll break down what ghost guns are, the laws that govern them, and what you need to know if you’ve been accused of a weapons offense related to a ghost gun—particularly in Illinois.
What Are Ghost Guns?
Ghost guns are privately made firearms that lack serial numbers, making them nearly impossible to trace. Unlike commercially manufactured guns, which are required by federal law to be serialized and registered to licensed dealers or owners, ghost guns are assembled by individuals using parts kits or 3D-printed components.
These weapons can be fully functional, and in many cases, indistinguishable from a regular gun once assembled. Often, they’re built from what’s called an “80% lower receiver”—a partially finished frame that’s not yet classified as a firearm under federal law. Once completed, however, the firearm can be fully operational, capable of firing live ammunition.
Because ghost guns are not subject to the same background checks or regulatory oversight as traditional firearms, they have become increasingly popular among people who want to avoid the usual process of purchasing a gun—whether for privacy, political reasons, or to circumvent legal restrictions.
Why Are Ghost Guns a Legal Concern?
The primary issue with ghost guns is their lack of traceability. Without a serial number or manufacturer’s mark, law enforcement cannot link a ghost gun to a registered owner, a point of sale, or even a production batch. This makes it extremely difficult to investigate crimes involving these weapons.
Ghost guns are also attractive to individuals who are prohibited from owning firearms, such as convicted felons, minors, or people with a history of domestic violence. Because many kits can be purchased online without a background check or license, the regulatory gap leaves room for abuse. In recent years, ghost guns have been linked to numerous crimes, including homicides, robberies, and assaults. Their growing use in criminal activity has prompted both federal and state governments to crack down on their sale and possession.
Federal Laws on Ghost Guns
At the federal level, gun laws are primarily governed by the Gun Control Act of 1968 and the National Firearms Act. For decades, these laws left a loophole that allowed individuals to legally manufacture firearms for personal use without a license, so long as the firearm was not sold or transferred. This loophole gave rise to the modern ghost gun market—particularly through companies that sell "80% lowers" and gun kits. Because these incomplete parts weren’t classified as firearms, sellers could operate outside the bounds of federal firearm regulations.
However, in 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a revised rule—Final Rule 2021R-05F—that redefined what qualifies as a firearm. The rule clarified that unfinished frames and receivers that can be "readily converted" into functioning weapons are now considered firearms under federal law. That means they must be serialized, sold through licensed dealers, and subject to background checks.
Still, enforcement and interpretation of the new rule vary, and ongoing legal challenges continue to complicate its implementation. Federal courts in several jurisdictions have temporarily blocked aspects of the rule, meaning the legality of ghost gun parts remains a moving target.
Are Ghost Guns Legal in Illinois?
Illinois has taken a more aggressive stance against ghost guns than some other states. In May 2022, Governor J.B. Pritzker signed legislation specifically targeting untraceable firearms. The Ghost Guns Ban (HB 4383) made it illegal to possess or sell unserialized gun parts and untraceable firearms.
Under this law, any firearm that is not marked with a valid serial number—whether it was assembled at home or purchased in a kit—is considered illegal in Illinois. Individuals found in possession of a ghost gun can face felony charges, which may include serious penalties such as prison time, fines, and loss of firearm rights. The law also requires that any privately made firearm must be serialized by a licensed firearm dealer and registered with the state. This applies not only to newly built ghost guns but also to any untraceable weapons currently in someone’s possession.
So, while building your own firearm from scratch might have once existed in a legal gray area, in Illinois, ghost guns are now firmly outlawed unless they meet the new serial number and registration requirements.
What Happens If You’re Caught with a Ghost Gun?
In Illinois, being found in possession of a ghost gun is treated as a Class 3 felony, which can carry a prison sentence of 2 to 5 years, plus fines and probation. If the gun was used in the commission of another crime—or if the individual in possession has a prior felony conviction—the penalties can escalate quickly.
In addition to state charges, you may also face federal prosecution, especially if the weapon crossed state lines, involved a violent crime, or violated ATF regulations. Prosecutors often treat ghost gun cases harshly, arguing that these weapons pose a heightened public safety threat. For that reason, it’s essential to seek legal representation immediately if you’re arrested or under investigation for any ghost gun-related offense.
Are There Defenses to Ghost Gun Charges?
Yes—but the success of a defense depends heavily on the facts of the case and the timing of your arrest relative to changes in the law. Some possible defenses include:
Lack of knowledge: If you didn’t know the weapon was unserialized or illegal at the time of possession, your attorney may argue lack of criminal intent.
Timing of possession: If you possessed the weapon before Illinois enacted its ghost gun law or before the ATF’s rule change, this could influence the outcome.
Fourth Amendment violations: If law enforcement discovered the weapon through an illegal search or seizure, your attorney may move to suppress the evidence.
Unconstitutional vagueness: In some cases, especially where the law is new or unclear, attorneys may challenge the constitutionality of how ghost gun laws are written or enforced.
Regardless of the defense, these are serious charges that require a skilled criminal defense attorney Chicago—ideally someone familiar with both state and federal gun laws.
What Should You Do If You Own or Built a Ghost Gun?
If you currently own an unserialized firearm or have purchased parts to assemble one, it’s essential to consult with a qualified attorney. Illinois gun laws now requires that all homemade guns be serialized and registered by a licensed dealer. Failing to comply could result in criminal charges. Do not attempt to sell, transfer, or dispose of the firearm without legal advice. Improper handling could turn a bad situation worse.
A Chicago criminal defense lawyer can review your situation, explain your rights, and help you take appropriate action—whether that’s registering the firearm, turning it in under immunity programs, or fighting a pending charge in court.
Protect Your Rights with Gun Charge Criminal Defense
Ghost guns represent a fast-moving area of firearms law that’s drawing attention at every level—from local police departments to federal agencies. If you’re facing charges related to ghost guns, the consequences are serious—but so are your rights. With experienced legal representation, you may be able to challenge the evidence, fight the charges, or minimize the penalties. At Bernard Law, we stay up to date on evolving firearm legislation and aggressively defend clients charged with weapons offenses—including ghost gun cases. If you’ve been accused of possessing, building, or selling an untraceable firearm, contact us today for a confidential consultation.