Federal Ghost Gun Charges: What Happens When You’re Caught with an Unserialized Firearm

Federal Ghost Gun Charges: What Happens When You’re Caught with an Unserialized Firearm

Your probably wondering if your going to prison. Maybe the ATF showed up at you’re door, or you got pulled over and the officer found an unserialized firearm in your vehicle, or maybe a package got intercepted. Irregardless of how it happened, your now facing federal charges for a ghost gun, and your scared. That’s completly normal.

Here’s the reality: yes, this is a federal case, and yes, its serious. But outcomes vary widely based off three main factors—your prior criminal record, whether prosecutors think you intended to sell these firearms, and how you handle things from here forward. Some defendants walk away with dismissed charges or deferred prosecution. Others face years in federal prison. The difference often comes down to circumstances and decisions you make right now.

This article is organized around your decisions, not legal theory. Each section addresses a question you need answered to figure out what happens next. We’ll cover what your actually charged with, whether the timing of when you got the firearm matters, the diffrence between state and federal prosecution, and what you can do right this minute to help you’re case.

What You’re Actually Charged With: Manufacturing vs. Possession

One of the biggest points of confusion is understanding what the goverment is actually accusing you of. There’s a huge distinction between manufacturing an unserialized firearm and simply possessing one, and prosecutors often overcharge the more serious offense when the evidence only supports the lesser one.

Here’s what matters: manufacturing means you assembled the firearm—you took parts, an 80% lower, a build kit, whatever—and you put it together into a functional weapon. Possession just means you had a completed ghost gun in you’re control. Manufacturing carries harsher penaltys in most jurisdictions, but it also requires prosecutors to prove when, where, and how assembly occured. That’s not always easy for them.

If law enforcement found a completed firearm in your home or car, and they don’t have purchase records showing you bought a parts kit, tools used for assembly, or witness testimony of you actually building it, than the evidence might only support a posession charge. This distinction can mean the difference between a felony and a misdemeanor in some states, or between 3 years and 1 year at the federal level.

According to the ATF’s official guidance, federal law doesn’t require individuals to have a license to manufacture a firearm for personal use. The 2022 regulation that everyone’s talking about primarily targets commercial sales—it clarified that federally licensed dealers must treat gun parts kits and unfinished frames/receivers as firearms, meaning background checks and serial numbers are required when they’re sold.

But here’s were it get’s complicated: the Supreme Court upheld this regulation in March 2025 in Bondi v. VanDerStok, and prosecutors have used this decision as a foundation to pursue charges more aggresively. The personal use exemption still exist, but it’s narrower then many people think.

So when your looking at your charging documents, the first question to ask you’re attorney is: can they actually prove manufacturing, or do they only have evidence of possession? This is a pressure point in alot of cases.

The Timeline Question Everyone Has: Does It Matter When I Got This?

This might be the most important question for you’re defense: when did you acquire or assemble the firearm? Theres a massive legal cliff at August 2022, and which side of that date you fall on can completly change your case.

Before August 2022, the regulatory landscape was way different. The ATF’s 2022 rule—the one requiring serialization and background checks for comercially sold kits—took effect in August of that year. If you purchased parts, assembled a firearm, or acquired a completed ghost gun before that date, you have what defense attorneys call a “good faith reliance” defense. You were acting under the rules as they existed at the time.

Here’s why this matters so much: there’s no retroactive serialization requirement for personal use. If you built or bought a ghost gun before the regulation, and you’ve kept it for personal use (not sold it, not transferred it), your in a fundamentally stronger legal position. The burden shifts to prosecutors to prove you assembled or acquired it after August 2022, and thats not always easy for them to do.

So how do you prove acquisition date? This is where documentation becomes crucial:

• Credit card statements showing when you purchased parts or components
• Amazon, eBay, or other online marketplace order confirmations with dates
• Shipping records and tracking information
• Forum posts or social media where you discussed the build (timestamped)
• Photos with metadata showing when you had the completed firearm
• Witness testimony from people who saw you with it before August 2022

Even partial component purchases that predate the regulation can help establish your timeline. If you bought an 80% lower in 2021 but didn’t finnish the build until 2023, that creates ambiguity prosecutors have to overcome.

Now, if you assembled or acquired the firearm after August 2022, you’re case is harder—but not hopeless. The personal use exemption still applies. You can still manufacture a firearm for you’re own use without serializing it, as long as your not selling or transferring it. The question becomes whether prosecutors beleive that was you’re intent, and whether they can prove otherwise.

One more thing to understand: if you have a ghost gun you built years ago and your now worried about it, you don’t have to retroactivly serialize it for personal use. But if you ever want to sell it or transfer it, you must take it to a federally licensed dealer for serialization and a background check. Alot of people don’t realize that second part.

Federal vs. State Charges: Which Court System Will You Be In?

An intresting quirk of the American legal system is that you can potentialy face charges in both state and federal court for the same conduct. This is called “dual sovereignty,” and it means state prosecutors and federal prosecutors can each decide independantly whether to charge you.

So which system will your case be in? It depends on several factors:

Federal prosecutors typically take cases involving interstate commerce (parts shipped across state lines, which is almost always the case), large quantities of unserialized firearms suggesting distribution, combination with other federal charges like felon in possession or drug traffiking, cases they want to “make an example” with, or situations were state penalties are seen as to lenient.

State prosecutors are more likely to handle simple possession cases with no aggravating factors, first-time offenders with no prior record, cases were the firearm was made entirely in-state from local materials (rare), or lower-priority cases in jurisdictions with heavy federal caseloads.

Which is “better” for you as a defendant? It depends, honestly. Federal charges typically carry longer maximum sentances, but federal court also has more robust procedural protections and often more experiance with firearms law. State courts in some jurisdictions have established diversion programs that can result in charges being dismissed after a period of compliance. In other states—particularly those with strict gun control laws like California, Nevada, or New York—state charges can be just as serious as federal ones.

California treats unserialized firearm possession as a state felony with up to 3 years in prison. Nevada law prohibits possession, sale, or transfer of unserialized components entirely, effectively banning ghost guns within the state. New York has it’s own enforcement framework with seperate state-level prosecution for ghost gun offenses.

Interestingly, some defendants might actually prefer federal charges in pro-gun states were federal prosecutors face jury pools more sympathetic to Second Amendment arguments. Other defendants benefit from state court diversion programs that don’t exist at the federal level. This is were having an attorney who knows both systems becomes critical.

One thing to understand: you generally can’t be punished twice for the exact same conduct (that would violate double jeopardy), but you can be charged in both systems, and sometimes prosecutors use that threat as leverage. “Take this federal plea, or we’ll let the state charge you seperately.” It’s a pressure tactic, but its legal.

The Personal Use Shield: Can You Argue You Made It for Yourself?

Here’s something alot of people don’t realize: the personal use exemption still exists even after the 2022 ATF regulation and the Supreme Court decision. You can manufacture a firearm for you’re own use without a license or serial number, as long as you don’t sell or transfer it. This is probably you’re strongest defense if it applies to your situation.

But prosecutors are skeptical of this claim, and they’ll look for any evidence that you intended to sell or distribute.

Here’s what counts as strong evidence of genuine personal use: Low quantity – One or two firearms is very different from ten or twenty. No sales history – No ads posted, no messages about selling, no financial transactions. Personal documentation – Build logs, range records, photos of you using the firearm for sport or defense. Sporting or self-defense purpose – Evidence you used it for target shooting, hunting, home protection. No commercial activity – You’re not running a business, you don’t have an FFL, no bulk purchases of components.

If you have just one or two unserialized firearms and absolutly no evidence of sales or distribution, prosecutors face a real challenge. Why? Because of prosecutorial economics—a concept alot of defense articles don’t mention.

Federal prosecutors operate under resource constraints. They have limited time, limited personnel, and political pressure to focus on “serious” cases. A case charging pure personal use possession, with no prior felonies, no other crimes, and no distribution evidence, is statistically less likely to result in prison time. The trial risk is high because juries can be sympathetic to hobbyists who believed they were following the law. Theres negative publicity risk too (“DOJ Prosecutes Hobbyist for Homemade Firearm”). And there’s opportunity cost—every hour spent on you’re case is an hour not spent prosecuting ghost gun traffickers.

This doesn’t mean you won’t be charged. It means you have leverage in negotiations. Prosecutors in these situations often offer dismissal, deferred prosecution agreements, or reduced charges rather then take the case to trial.

On the other hand, if you had 15 unserialized firearms, or if your phone has messages about selling them, or if you posted ads online—even if you never actually sold any—you’ve crossed into territory were the personal use defense becomes much weaker. Prosecutors will argue that quantity and circumstancial evidence show intent to distribute, even without completed sales.

So the question to ask yourself honestly: can I demonstrate that these firearms were truly for personal use? If yes, that’s you’re strongest argument. If no, you need to think about other defense angles.

The Search and Seizure Angle: Was the Search Even Legal?

Let’s talk about how alot of ghost gun cases actually start—because this might be you’re best defense, even if you don’t realize it yet.

Many ghost gun prosecutions begin with searches that have constitutional problems. Think about how law enforcement found the firearm in you’re case: Did they pull you over for a traffic violation and search you’re vehicle? Did they ask for “consent” to search and you said yes because you felt like you had to? Did they get a warrant based off an “anonymous tip” or information from an informant? Were you on parole or probation, making you subject to searches? Did they search during an investigation of a completly unrelated matter?

Here’s why this matters: if the search violated you’re Fourth Amendment rights, the firearm can’t be used as evidence. And without the firearm as evidence, the case collapes. This is what defense attorneys call a “suppression motion,” and its one of the most powerful tools available.

Let me give you some examples of searches that might be vulnerable:

Traffic stops: Officers need reasonable suspicion to pull you over (broken taillight, speeding, etc.) and probable cause to search you’re vehicle. If they pulled you over for a minor violation and then said “I’m gonna search the car,” that might not be legal unless they had specific reason to beleive there was contraband or weapons. And no, “I smelled marijuana” isn’t always sufficient, especially in states were cannabis is legal.

Look—here’s the thing. If you consented to the search, that’s different. But did you really consent freely, or did the officer make it sound like you didn’t have a choice? “You don’t mind if I take a quick look, right?” That’s not really a question, is it? Defense attorneys scrutinize the circumstances of consent constantly.

Anonymous tips: If the warrant was based off a tip from someone who didn’t identify themselves or from an informant with credability issues, you’re attorney will look hard at whether there was really probable cause. Courts require corroboration of anonymous tips before they support a warrant.

Scope of search: Even if the initial search was legal, was the scope appropriate? If they had a warrant to search for stolen electronics and they opened a gun safe that clearly couldn’t contain a laptop, that’s problematic.

Your attorney will ask for the police report and incident narrative, body cam or dashcam footage, the warrant application and supporting affidavit (if there was a warrant), any statements you made during the search, and personnel records of officers involved (prior misconduct, truthfulness issues).

Even if the suppression motion only has like a 30% chance of succeeding, that’s enough to make trial risky for the prosecution. And that risk becomes leverage for you in plea negotiations. Prosecutors would rather offer a better deal then roll the dice at trial and potentially loose everything on a suppression issue.

I’ve seen it happen—cases were the defendant looked guilty as sin, but the search was bad, and the judge suppressed the evidence. Case dismissed. This is why you need an attorney who knows Fourth Amendment law cold, not just firearms law.

The Felon-in-Possession Trap: If You Have a Prior Felony

If you have any prior felony conviction, your situation just became exponentialy more serious, and you need to understand why.

Federal law prohibits anyone convicted of a felony from possessing any firearm—serialized or unserialized. This is 18 U.S.C. § 922(g), and its one of the most commonly prosecuted federal gun crimes. When you combine a ghost gun charge with felon-in-possession status, prosecutors see it as evidence of intent to evade law enforcement and firearms tracing systems. In their mind, you weren’t just possessing an illegal firearm; you specifically chose an untraceable firearm because you knew you weren’t supposed to have any gun at all.

This creates what’s called charge stacking, and it’s brutal: Count 1 is Felon in Possession of a Firearm (18 U.S.C. § 922(g)), Count 2 is Possession of an Unserialized Firearm (various federal or state statutes). Both charges arise from the same firearm, but there legally distinct offenses. Sentence enhancements come into play. If the firearm was used in connection with another crime (drug distribution, for example), mandatory minimum sentances can trigger. Where a first-time offender with a ghost gun might face probation or minimal jail time, a felon in the same situation is looking at years in federal prison.

There’s also a critical window issue: if you talk to investigators without an attorney and you admit you possessed the firearm, you’ve just confessed to two federal felonies simultaneously. This is why the advice “don’t talk to law enforcement without counsel” isn’t just a cliché—its literally the difference between one charge and multiple charges.

Some defendants think, “Well, if I cooperate and tell them were I got it, they’ll go easier on me.” Maybe. But you’ve still admitted to possessing a firearm as a felon, which is a separate and serious offense. Any cooperation needs to be negotiated through an attorney who can get you protection (like an immunity agreement or cooperation agreement that limits how you’re statements can be used).

One more thing: if your wondering whether you can get you’re gun rights restored, that’s a seperate legal process that varies by state and the nature of you’re prior conviction. Gun rights restoration services start around $750 depending on the state, but that’s something to think about after the current charges are resolved, not during.

After Arrest: What You Can Do Right Now to Help Your Case

Alright, so your facing charges. You can’t undo the past, but you can take steps right now that might influence how prosecutors and judges view you’re case.

Most defense attorneys don’t talk about this stuff because there focused on legal strategy, but the practical realty is that demonstrating good faith and willingness to comply going forward can matter.

Here’s what you should consider: 1. Voluntary surrender of other firearms – If you have other unserialized firearms at home, talk to you’re attorney about voluntarily surrendering them to law enforcement or bringing them to an FFL for serialization. This shows your not trying to hide anything and that your willing to comply with the law going forward. It doesn’t eliminate the charges for what already happened, but it demonstrates to prosecutors that your not an ongoing threat. 2. FFL serialization of existing firearms – Even after arrest, you can take unserialized firearms to a federally licensed dealer and have serial numbers applied. This is sometimes called “coming into compliance.” It won’t fix the past, but it shows judges and prosecutors that you recognize the issue and you’ve taken corrective action. This is most effective pre-indictment or early in the prosecution, not after conviction. 3. Firearms safety courses – Enroll in a firearms safety course or training program. It sounds minor, but it helps paint a picture of someone who’s responsible and educating themselves about proper firearm ownership, not a criminal trying to evade the system. 4. Document personal use – If you have range records, membership at a shooting club, hunting licenses, or photos of you using the firearm for legitimate sporting purposes, gather all of that now. This supports the personal use defense we talked about earlier. 5. Cooperation (but only through counsel) – If you know who sold you the firearm or where you got the components, that might be valuable information to prosecutors—but never provide it without an attorney negotiating the terms. Cooperation can lead to reduced charges or sentancing recommendations, but unprotected cooperation can also create additional charges against you.

What not to do: Don’t talk to investigators without you’re attorney present, no matter how friendly they seem. Don’t post about the case on social media (prosecutors will find it and use it). Don’t try to dispose of evidence or other firearms—that’s obstruction and it makes everything worse. Don’t ignore court dates or attorney calls.

Timing matters here. Actions you take pre-indictment carry more weight then actions after your already convicted. The earlier you demonstrate good faith, the more impact it has on prosecutorial discretion.

The Supreme Court Effect: Can You Challenge the Law Itself?

A lot of people facing ghost gun charges think they can challenge the ATF regulation as unconstitutional. I’ll be strait with you: that ship has sailed.

In March 2025, the Supreme Court issued a 7-2 decision in Bondi v. VanDerStok upholding the ATF’s 2022 regulation. This was the case that gun rights advocates hoped would strike down the new rules. It didn’t. The Court held that the ATF acted within it’s statutory authority when it clarified that parts kits and unfinished frames/receivers are “firearms” under federal law.

What this means for you’re case: constitutional challenges to the regulation itself are dead. Your attorney can’t argue that the ATF rule is invalid or that it violates the Second Amendment—the Supreme Court has already blessed it. Any appeals based on that theory will fail.

So what defenses still work after the Supreme Court decision?

The focus has shifted from “the law is invalid” to “I didn’t know I was violating the law” and “I didn’t intend to violate federal law.” These are arguments about mens rea (mental state) and about the specific facts of you’re case, not about whether the regulation is constitutional.

Lack of intent arguments that still work: “I assembled this firearm before the regulation took effect and believed it was legal at the time.” “I genuinely believed the personal use exemption applied to my situation.” “I received this firearm as a gift/inheritance and didn’t know it was unserialized.” “I relied on conflicting guidance from the ATF and industry sources.”

Before the 2022 rule, ATF guidance on 80% lowers and home manufacturing was inconsistant. There were conflicting opinion letters, changes in definitions of what “readily convertible” meant, and confusion in the industry about compliance. If you can show you tried to understand and follow the law based on the guidance available at the time, that’s a mitigation argument that can reduce sentancing even if it doesn’t beat the charge entirely.

The Supreme Court decision also created a perverse incentive structure: prosecutors now know that appeals based on constitutional challenges will fail, which means there less incentive to offer generous plea deals. But there’s also political pressure to avoid harsh sentances for what many see as “technical” violations of a new regulation. This creates a wierd tension were prosecutors are confident about the law but cautious about public perception.

Bottom line: you can’t challenge the validity of the ATF regulation, but you can challenge whether you knowingly violated it, whether prosecutors can prove all the elements of the offense, and whether the search that found the firearm was legal.

Realistic Outcomes: What’s Actually Going to Happen?

Let’s talk about what you really want to know: what’s gonna happen to you?

The range of outcomes for federal ghost gun charges is suprisingly wide, and alot depends on factors specific to you’re situation. Here’s what I’ve seen in real cases.

Best case scenarios include dismissal if there are serious problems with the search and seizure, or if prosecutors can’t prove there case—charges can be dismissed entirely, and this is more common then you might think when Fourth Amendment issues exist. Deferred prosecution for first-time offenders with no aggravating factors sometimes gets offered. You admit responsibility, comply with conditions (surrender firearms, complete safety courses, stay out of trouble) for a period like 6-12 months, and then charges are dismissed. No conviction on you’re record. Pretrial diversion is similar—complete a program, charges go away.

Typical plea deals involve reduced charges (manufacturing reduced to possession, felony reduced to misdemeanor), probation (conviction but no jail time, supervised release for 1-3 years), or minimal jail time (short jail sentance, less then 6 months, followed by probation).

When prison is likely: You have a prior felony record, especially firearms-related. Evidence shows you were distributing or selling ghost guns. The ghost gun was used in connection with another crime (robbery, drug trafficking). Large quantities of unserialized firearms suggesting commercial activity. You made false statements or obstructed the investigation.

Here’s what I can tell you from looking at sentancing data: a first-time offender who possessed one or two unserialized firearms for personal use, with no distribution evidence and no other criminal conduct, is in a completly different universe from someone with a prior record who had 20 ghost guns and was selling them online. The first person might get probation or even dismissal; the second person is looking at years in federal prison.

The federal sentancing guidelines take into account the nature of the offense, you’re criminal history (or lack thereof), whether you accepted responsibility, whether you cooperated with authorities, and the presence of aggravating or mitigating factors.

If your a hobbyist who built a firearm for personal use before understanding the regulatory changes, and you have no prior record, judges have alot of discretion to impose lenient sentances or even probation. If your a convicted felon who was stockpiling untraceable firearms, you’re going to prison.

State sentances vary widely. California can impose up to 3 years for felony possession. Other states treat it as a misdemeanor with maximum of 1 year jail time and fines up to $1,000. Some states have no specific ghost gun statute at all and charge under general firearms laws.

The honest answer is: it depends. But the factors that determine you’re outcome are understandable and somewhat predictable. Your attorney should be able to give you a realistic assessment based on the specific facts of you’re case, the jurisdiction, and the prosecutors involved.

What to Do Next

If your facing federal ghost gun charges, here’s what you need to do right now.

1. Get an attorney immediately. Not just any criminal defense attorney—you need someone with specific experiance in federal firearms cases. The federal system is different from state court, and firearms law is highly technical. Ask potential attorneys: How many federal firearms cases have you handled? What were the outcomes? Do you have experiance with ghost gun prosecutions specifically?

2. Don’t talk to investigators. I know I’ve said this multiple times, but its because people keep making this mistake. Anything you say can and will be used against you. You have a constitutional right to remain silent and to have an attorney present during questioning. Use those rights.

3. Gather evidence about acquisition dates. Start pulling together any documentation that shows when you purchased components or assembled the firearm, especially if it was before August 2022…

4. Document personal use. If you have evidence that the firearms were for legitimate personal use—range records, sporting club memberships, hunting licenses, photos—get all of that together for you’re attorney.

5. Don’t panic, but do take this seriously. Yes, federal charges are serious, and yes, you need to treat this with urgency. But panicking doesn’t help.

Time is a factor here. Evidence gets lost, witnesses memories fade, and certain legal options are only available early in the process. The sooner you have competent representation, the better you’re chances of a favorable outcome.

Look, I get it—this is scary. You might’ve thought you were following the law, or maybe you didn’t even know there was a law about serialization, or maybe you knew but thought the personal use exemption covered you. Irregardless of how you got here, what matters now is how you handle it going forward. Make smart decisions, get good legal help, and understand that outcomes in these cases vary widely based on circumstances and…