What is a “Ghost Gun” and are they legal in Pennsylvania and New Jersey?

Pennsylvania and New Jersey are very different when it comes to guns and firearms. 

Our criminal defense law firm represents individuals charged with a variety of gun crimes in Pennsylvania and New Jersey. These two states share borders, and even sometimes sports teams but have very different laws when it comes to the regulation of guns and firearms, especially Ghost Guns. In Pennsylvania there are virtually no felony gun crimes which carry with them mandatory minimum sentences.  In New Jersey, however, under the Graves Act, the unlawful possession of a firearm carries with it a mandatory minimum of forty-two (42) months of a State prison sentence.  Unlawful Possession of Gun or Firearm is usually graded as a felony crime in both states.  Recently, our criminal defense attorneys represented a client in Philadelphia who was charged with the unlawful possession of handgun under Section 6106 of the Pennsylvania code—Possession Without a Permit. 

What is a Ghost Gun? 

The illegal purchase or transfer of a handgun carries with it the inference that the purchaser or receiver of the weapon intends to use it for some type of illegal purpose or is not permitted to purchase the weapon legally.  There are situations, however, where a person can purchase parts of a firearm which can be sold legally online through various sources such as Amazon. Once these parts are assembled the item becomes a fully functional firearm (weapon) and is therefore subject to all State regulations with regards to weapons.  This is what is known as a Ghost Gun and Pennsylvania and New Jersey treat them very different. 

Ghost Guns in Pennsylvania

In Pennsylvania ghost guns have become popular in recent years because they are untraceable but they are still legal.  These weapons are often referred to as DIY firearms, which are made at home through kits purchased online and some parts can be 3D printed. Ghost guns are not required to have serial numbers and there is no background check to purchase the parts to make a weapon. These guns are often made from what is known as an 80% frame receiver which acts as the base that holds all the parts of a functioning gun.

While current Pennysylvania Governor, Josh Shapiro, has attempted to regulate these ghost guns there is no current law in the Commonwealth targeting them.  Philadelphia has attempted to regulate ghost guns, but city ordinances are far different from State laws.   Both the Federal Government and the State Government may eventually pass laws which bring ghost guns (DIY guns) under the jurisdiction of ATF.

If this were to occur these ghost guns would be required to have serial numbers and the parts would need to be purchased from a federally licensed dealer. These proposed laws would essentially make buying a gun kit essential as buying a regular handgun.  Right now, Ghost guns are not illegal in Pennsylvania and any person that who can legally own a gun can therefore build them legally in the Commonwealth.

Ghost Guns in New Jersey

Unlike in Pennsylvania, Ghost Guns are not legal in New Jersey.  In the Garden State, a person who is not registered or licensed to manufacture firearms can not purchase or obtain an un-serialized frame or receiver or any combination of parts “from which a firearm without a serial number may be readily manufactured or otherwise assembled.  This means no Ghost Guns in New Jersey.   

The State also prohibits using a 3D printer to produce a firearm or firearm components, including a receiver or magazine, unless the acquirer is registered or licensed by the state as a firearm manufacturer or dealer.  Finally, New Jersey prohibits the distribution of computer code capable of manufacturing firearms and firearm components using a 3D printer to anyone but a manufacturer licensed under state law.

In 2019, New Jersey strengthened its ghost gun law by making it unlawful to knowingly possess, transfer, ship, sell, or dispose of, a firearm that was manufactured or otherwise assembled using a firearm frame or firearm that is not imprinted with a serial number registered with a federally licensed manufacturer. 

How does the Federal Government handle Ghost Guns? 

Under the current federal law, unfinished frames received are not considered firearms, so background checks and serial numbers are not required to buy or sell them. 

Contact Our Criminal Defense Lawyers in PA & NJ

Please click here to contact our  criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey,  Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.