Illinois Ghost Gun Laws: What You Need to Know

 Posted on December 30, 2024 in Weapons Charges

In recent years, a new type of firearm has been on the market. Ghost guns are homemade firearms without a serial number, which means they are untraceable. They became popular due to the spread of online kits and DIY firearm parts, but with a recent high-profile case making headlines across the country, ghost guns are a growing concern in Illinois and nationwide. To understand how this recent development is regulated, speak with an experienced Elgin, IL criminal defense lawyer who has experience with gun law cases.

What Are Ghost Guns?

Ghost guns are a type of firearm assembled from kits or parts that can often be purchased online. Some kits enable 3D printing to produce weapon components. They can be assembled at home and do not have serial numbers, making it harder for law enforcement to trace them when they are used in a crime. This makes them particularly attractive to people who do not want to be tracked and can pose a significant challenge for police trying to solve firearm-related crimes.

Illinois Laws on Ghost Guns

Illinois has strict regulations for ghost guns, which is noteworthy considering the state's already tough gun laws. In Illinois, it is illegal to possess, manufacture, or sell a firearm without a serial number. This includes ghost guns. 

If you are caught with a ghost gun, you could be charged with a Class 4 felony, which could result in prison time and significant fines. It is also illegal to sell or transfer ghost guns in Illinois, whether or not they are assembled. In addition, it is illegal to possess any parts or kits that could be used to assemble a ghost gun.

In addition to state laws, federal laws also address ghost guns. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulates firearms at the federal level, and it has taken action to prevent the creation and distribution of ghost guns. The ATF requires manufacturers of firearms to include serial numbers on the guns they sell, and licensed dealers must complete background checks for those who want to buy them. Since ghost guns do not have serial numbers, they bypass this system, which is why federal agencies have started cracking down on their production and sale.

What Happens if You Are Caught with a Ghost Gun?

If you are caught in Illinois with a ghost gun, you could face serious legal consequences. As mentioned above, possessing an untraceable firearm is a Class 4 felony, which can result in one to three years in prison and fines of up to $25,000. Anyone found in possession of ghost gun parts or tools to assemble ghost guns could also face charges. Even if you do not have a fully assembled ghost gun, possessing the parts or kits to build one can still lead to criminal charges.

Schedule a Free Consultation with a Kane County, IL Criminal Defense Lawyer

If you are charged with possessing or manufacturing a ghost gun in Illinois, you need experienced legal representation. An Aurora, IL criminal defense attorney can examine the charges and the case and consider ways to challenge the charges. At The Law Office of Brian J. Mirandola, we understand the consequences of these charges in Illinois, which is particularly strict about ghost guns. We are dedicated to helping you learn more about your options and protecting your rights. Call us at 847-488-0889 to schedule a free consultation.