How Should Ghost Guns Be Regulated Under Federal Law?
- FULR Management
- 2 days ago
- 4 min read
By Disha Patel '28
The Second Amendment of the United States Constitution goes as follows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." (1) While in 1791, when this amendment was ratified, such regulation may have been upheld, modern advancements have introduced challenges unpredicted by the framers. (2) Once dependent on industrial manufacturing, firearms can now be replicated under any roof. (3)
The rise of “ghost guns” —untraceable firearms made from kits or 3D printers— has provided the necessary gun parts to have a fully functioning firearm for individuals who once lacked access. (4) These weapons fall under the category of “Privately Made Firearms” (PMFs), meaning with their unlicensed production, they lack a unique serial number. Without serial numbers, it leaves law enforcement blind, forcing them to an investigative dead end. (5) As a growing issue, the question now becomes: how should federal law address and regulate this expanding threat?
With the introduction of the Ghost Guns and Untraceable Firearms Act of 2023 (S. 2652), Congress seeks to directly address these outdated regulations. (6) The bill specifically addresses and attempts to close loopholes in the Gun Control Act of 1968 — an act that regulated complete firearms but did not apply to unfinished frames or DIY gun kits. (7) In doing so, the 2023 Act extends definitions like “frame or receiver” and “ghost guns” to include individual firearm parts that can be put together regardless of the manufacturer. (8) By broadening these definitions, the Act prevents sellers from exploiting technicalities to avoid federal regulations. Using modern-day circumstances to define “firearm,” the act mandates that any firearm capable of becoming a fully functioning gun must:
Have a serial number,
Be sold only by a licensed dealer, and
Mandate a background check before selling. (9)
Following this framework strikes a respectable balance between Second Amendment rights and modern-day public safety. (10) Similarly, in the Supreme Court's decision in District of Columbia v. Heller (2008), the Court emphasizes that the Second Amendment protects an individual's right to possess firearms for “traditionally lawful purposes” but clarifies that this right is “not unlimited.” (11) In other words, regulations prohibiting felons from owning guns, controlling commercial firearm sales, and implementing laws such as requiring serial numbers remain lawful, where the balance between rights and safety is highlighted. (12) The Ghost Guns and Untraceable Firearms Act of 2023 does not outright ban firearms, which would challenge the Second Amendment, but instead places basic safeguards on them similar to how traditional firearms were governed for decades.
With the introduction of 3D printing, people have utilized it to illegally manufacture dangerous weapons like ghost guns. (13) This emerging technology allows the construction of a three-dimensional object from polymer material, enabling inexpensive and efficient production. (14)
While revolutionizing industries such as medicine and engineering, 3D printing is simultaneously threatening public safety by enabling the production of ghost guns. These privately made firearms often contain no detectable metal components, creating a critical issue for preventing weapons from entering places like airports, schools, and government offices. (15) Metal detectors and security scanners are virtually useless against these plastic, functional firearms. (16) Around the world, ghost guns continue to threaten communities, even with regulations set to enhance public safety. Data from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) revealed approximately 45,240 suspected PMFs recovered by law enforcement, with 692 of the incidents involving homicide or attempted homicide from 2016 to 2021. (17) Attempting to control all aspects of ghost gun production from 3D printers to sales would be both impractical and economically damaging, as it would stifle innovation across industries. (18)
With federal law mandating that all unfinished frames and receivers sold, whether online or in-person, include an engraved serial number before the sale, this would address one of the biggest loopholes in ghost gun distribution. (19) Additionally, requiring background checks for these sales and enhancing detectability standards through the incorporation of a certain amount of metal strengthens public safety while aligning with the details in the Second Amendment, allowing for a reasonable regulation. (20)
Despite federal efforts to regulate ghost gun production, persistent shortcomings in the legislation have weakened its effectiveness. (21) Addressing legal loopholes and enforcing detectability standards— including mandating serial numbers and metal components for all firearm parts— would substantially advance public safety. These steps would align with the Supreme Court’s Heller precedent by permitting "reasonable" gun regulations while addressing the risks. (22) By refining federal policy to fit evolving technology, we can preserve constitutional rights while addressing the modern era.
Endnotes
20. U.S. Constitution, amend. II, https://constitution.congress.gov/constitution/amendment-2/.
Djajapranata, Cliff. “How These Hoyas Scored a Win in Supreme Court ‘Ghost Guns’ Case - Georgetown University.” Georgetown University, June 12, 2025. https://www.georgetown.edu/news/how-georgetown-experts-scored-win-supreme-court-ghost-guns-case/.
Ibid.
Ibid.
ATF. “Privately Made Firearms | Bureau of Alcohol, Tobacco, Firearms and Explosives.” www.atf.gov, August 4, 2023. https://www.atf.gov/firearms/privately-made-firearms.
D-CT, Richard. “Text - S.2652 - 118th Congress (2023-2024): Ghost Guns and Untraceable Firearms Act of 2023.” Congress.gov, 2023. https://www.congress.gov/bill/118th-congress/senate-bill/2652/text?s=8&r=3&q=%7B%22search%22%3A%22untraceable+firearms+Act%22%7D.
ATF. “Gun Control Act | Bureau of Alcohol, Tobacco, Firearms and Explosives.” Atf.gov, March 14, 2025. https://www.atf.gov/rules-and-regulations/laws-alcohol-tobacco-firearms-and-explosives/gun-control-act.
Ibid.
Ibid.
Ibid.
Cornell Law School. “DISTRICT of COLUMBIA v. HELLER.” Cornell.edu, June 26, 2008. https://www.law.cornell.edu/supct/html/07-290.ZS.html.
Ibid.
Hornick, John. 2018. “Dangers and Benefits of 3D Printing | FBI: Law Enforcement Bulletin.” FBI: Law Enforcement Bulletin. November 13, 2018. https://leb.fbi.gov/articles/featured-articles/dangers-and-benefits-of-3d-printing.
Ibid.
Ibid.
D-MA, Edward J. “S.1819 - 118th Congress (2023-2024): 3D Printed Gun Safety Act of 2023.” Congress.gov, 2023. https://www.congress.gov/bill/118th-congress/senate-bill/1819.
Ibid.
Ibid.
Ibid.
Ibid.
Ibid.
Ibid.