Law enforcement and national security officials in New Jersey and across the country have noted the growing prevalence and threat of “ghost guns.” The term “ghost gun” refers to an undetectable or untraceable firearm, such as a firearm lacking a serial number or made from materials that render it undetectable by security screening devices.
In the past, ghost guns have come from firearms parts kits (aka gun kits), in which a firearm comes disassembled, with the purchaser assembling the firearm. However, ghost guns today have begun to take the form of 3D-printed firearms. 3D printers can make functional firearms out of plastic, rendering them invisible to metal detectors. 3D-printed homemade guns also do not have serial numbers, making them hard for law enforcement to trace when they are used in crimes.
Because 3D printing technology has enabled people to access untraceable and undetectable firearms and allowed persons prohibited from possessing weapons to make firearms in their homes, New Jersey has taken a strong stance against the creation, distribution, or possession of ghost guns. Although federal law merely requires firearms to have traceable serial numbers, New Jersey has gone one step further to prohibit individuals and companies from making, distributing, or possessing ghost guns and distributing computer files or materials needed to create them.
If you’ve considered using your 3D printer to create a firearm or firearm components in New Jersey, you should familiarize yourself with state laws restricting such activities. Because state officials consider ghost guns a severe problem, prosecutors across New Jersey vigorously prosecute offenses involving the manufacture, distribution, or possession of ghost guns. After an arrest under the NJ ghost gun law, you need knowledgeable, dedicated legal advocacy to help level the playing field and allow you to stand up for your rights and interests when facing the criminal justice system. Contact Keith Oliver Criminal Law for a consultation to discuss your case.
Understanding 3D-Printed Firearm Technology
Traditionally, firearms have come from manufacturers who distribute firearms to licensed gun dealers who perform background checks on potential purchasers and maintain records of sales. Today, 3D printers have become small and inexpensive enough for anyone to purchase for their home, with some people having used 3D printers to create functioning firearms. Using a 3D printer to create a firearm requires computer files providing a blueprint for the printer to follow. The printer prints the object through an “additive process” in which the printer head puts down successive layers of material, like plastic, polyurethane, or metal.
Computer files needed to instruct a 3D printer to create firearms have become readily available online. As a result, some individuals have turned to 3D-printed firearm technology to give them access to untraceable firearms. 3D-printed firearm technology also allows individuals prohibited from acquiring or possessing firearms, such as felons or people who have committed domestic violence, to obtain firearms.
Individuals have also used 3D-printed firearm technology to craft add-ons for firearms that give them additional capabilities. For example, New Jersey officials have noted the proliferation of 3D-printed “switches,” a small component that can transform a semi-automatic firearm into a fully automatic weapon by overriding mechanisms in semi-automatic weapons designed to ensure the firearm fires only one round with the pull of the trigger.
A recent report by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) noted that law enforcement agencies across the U.S. submitted nearly 38,000 suspected privately made firearms to the ATF for tracing between 2017 and 2021, with the number of such firearms submitted annually increasing by over 1,000 percent during that period.
Federal Laws on 3-D Printed Weapons
Federal law does not expressly mention 3D-printed firearms. However, it does require all firearms to adhere to broad regulations, including a requirement that companies or individuals manufacture firearms in such a way as to make them detectable by security screening equipment and the requirement that the firearm’s frame or receiver have a manufacturer-supplied serial number. These regulations make it impractical for individuals to create or possess 3D-printed firearms since such firearms typically incorporate materials undetectable by security screening equipment and do not have serial numbers.
Federal law also requires federally licensed firearm dealers and gunsmiths to add serial numbers to any 3D-printed or homemade firearms they take into inventory. New laws have also expanded the definition of “firearms” subject to federal regulations, including do-it-yourself firearms building kits, requiring firearm parts to bear serial numbers.
New Jersey Laws on Ghost Guns
In 2018, New Jersey adopted laws making it illegal for individuals or companies to purchase parts used to manufacture firearms or to distribute information necessary to create ghost guns, including homemade or 3D-printed firearms lacking serial numbers that make them untraceable by law enforcement. New Jersey has some of the country’s strictest laws against 3D-printed ghost guns. The state criminal code outlaws gun owners from possessing a firearm without a serial number or a firearm manufactured from plastic, such as a 3D-printed firearm, treating such firearms as prohibited weapons. Possessing a 3D-printed firearm or ghost gun without a serial number constitutes a third-degree crime in New Jersey. Under state law, the penalty for possessing a gun without a serial number includes three to five years in prison and potential fines of up to $15,000.
New Jersey also outlaws the manufacture of ghost guns, categorizing the offense as a second-degree crime with penalties that include five to 10 years in prison and potential fines of up to $150,000. Transporting ghost guns into New Jersey for the purpose of unlawful sales also constitutes a second-degree crime.
What to Do if You Are Charged with a Ghost Gun in New Jersey
If you face charges of manufacturing, transporting, or possessing a ghost gun in New Jersey, you can take steps to protect your interests and legal options for resolving your charges.
First, you should exercise your right to remain silent. After an arrest on a homemade weapons charge, you do not have to answer questions from the police or prosecutors regarding your charges or other criminal activity. You should tell the investigators or prosecutors that you want to invoke your right to remain silent and do not want to answer any questions.
In addition, you should invoke your right to legal representation. You have the right to consult a lawyer before deciding whether to sit down for questioning by the police or prosecutors and to have your attorney present during questioning. An attorney can explain your charges, advise you on whether to submit to questioning, discuss potential outcomes to your case, and help you develop an effective defense strategy.
You should also avoid taking actions that may jeopardize your defense case. First, do not discuss your case on social media; prosecutors can use anything you post against you in court. You should also refrain from destroying, altering, or concealing any potential evidence in your case since doing so may subject you to additional criminal charges.
How a Ghost Gun Defense Lawyer Can Help
Depending on the facts of your case, you may have various defense strategies available to fight your ghost gun charges. Common defenses to such charges include:
- Lack of Possession – Defendants may fight a weapons charge by arguing that they did not have actual or constructive possession of the subject weapon. For example, a defense might show that the defendant did not have access to or control over the building or container where police found the subject weapon.
- Non-Functionality – A defendant might contest a ghost gun charge by proving that the subject item does not and cannot function as a firearm.
- Firearm Does Not Qualify as a Ghost Gun – You might fight your charges by proving that the subject weapon does not fall under the definition of a ghost gun, such as by showing that the weapon has a serial number or materials that make it detectable by security screening devices.
- Challenging the Legality of a Search and Seizure – You may also seek to exclude evidence from your case by showing that police unlawfully searched your person, vehicle, or home, including when police searched without a warrant or lacked probable cause and circumstances to support an exception to the warrant requirement.
A criminal defense lawyer can help you fight ghost gun charges in New Jersey by:
- Independently investigating your case to recover all available evidence
- Reviewing the facts to identify potentially effective defense strategies
- Sitting down with you to help you understand your charges, the potential outcomes in your case, and what to expect when facing the criminal justice system so you can make informed decisions at each step
- Contesting the prosecution’s case at each stage, including filing motions to exclude evidence or dismiss your charges
- Vigorously pursuing the best possible resolution to your charges, whether that involves negotiating a favorable plea deal or advocating your innocence at trial if you choose to fight your charges
Contact a Weapons Charges Attorney Today
When law enforcement has arrested you, and you face a felony weapons charge involving a ghost gun, you need experienced legal representation to protect your rights, reputation, and future when facing the criminal justice system. Contact Keith Oliver Criminal Law today for a confidential consultation with an experienced New Jersey criminal defense attorney to discuss your legal options for pursuing a favorable resolution to your weapons charges.