What are the New Rules about Ghost Guns in Minnesota?
In an effort to cut down on violent crime, the Federal government has instituted some new rules to deal with so-called “ghost guns.” The logic seems to be that more and more of these weapons are turning up at crime scenes here in Minnesota and across the country. According to authorities, the number of ghost guns found is doubling every year. As a result, Minnesota will likely see an increased focus on these kinds of guns. Contact an experienced Minnesota criminal defense attorney if you may be facing gun charges here in Minnesota.
Starting on August 25, 2022, new Federal rules are taking effect to allow law enforcement right here in Minnesota to track so-called “ghost guns.” Starting immediately, anybody who purchases a kit including unfinished frames, receivers and other parts that are non-functioning will now be required to pass a background test just like they were buying a commercially sold firearm. Even further, these same weapons are now mandated to include an identifiable serial number. This does not apparently limit people from manufacturing their own weapon on a 3D printer. This may face legislation in the future.
Of course, this all brings up a couple of questions for the uninitiated:
What is a ghost gun?
If I can’t have a gun, am I still allowed to posses a ghost gun?
What is a Ghost Gun?
A ghost gun is a gun that is:
Designed to avoid gun laws. (not exactly true originally and even less true now);
Untraceable and unserialized and unsinkable to past crimes (this was never completely the case and now require a serial number. Ballistics have always made weapons traceable.);
Available to buy without a background check (while this was once true, it is no longer true here in Minnesota).
“Some people think that without a serial number, a gun isn’t traceable. This isn’t true because every weapon has unique ballistic characteristics. It can be linked to past crimes.”
Ghost guns are constructed by individuals purchased from manufacturers who provide unfinished frames, receivers and other parts. Because they were purchased and was technically “non-functioning,” they didn’t need to get a serial number for it. Hence, it kind of didn’t exist and the name “ghost gun” was born. This is not the case anymore, from now on, a serial number will need to include a serial number.
If I am Not Allowed to Possess a Weapon, Can I Possess a Ghost Gun?
You never could. If it was illegal for you to have a commercially sold firearm, then you couldn’t have a ghost gun regardless of whether it had a serial number of not. This is still the case with the new Federal rules. Examples of people who may be banned from possessing weapons in Minnesota include:
Convicted Felons;
Those who have lost their gun rights';
Domestic Assault Convictions;
Harassment Restraining Orders;
Domestic Assault No Contact Orders;
Those on probation that were ordered to not possess a firearm.
“If you couldn’t have a gun before, having a ghost gun would still be a crime. These new rules don’t change that.”
Minnesota continues to be extraordinarily aggressive when it comes to weapons charges. Even worse, there are multiple charges that by themselves would not put you in a prison cell. If you simply add a weapon to those charges, you could very easily end up in prison. Knowing these distinctions can be critical. Make sure that you sit down with an experienced criminal defense attorney to discuss your right and what you can do if you have been charged.
“The take-away is this: If you couldn’t have a gun before, you still can’t. have a ghost gun. If you can, you need background check and a serial number on it.”
Contact an Experienced Criminal Defense Attorney
Jack Rice is the founder of Jack Rice Defense, a former prosecutor, a Board Certified Criminal Law Specialist and a St. Paul based experienced criminal defense attorney. He also trains both prosecution and defense attorneys on trial advocacy skills. If you are facing serious criminal charges, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.