Are Ghost Guns Legal in Minnesota?
Minnesota has been aggressively prosecuting gun cases for years. That is nothing new. For instance, if a gun is involved in a criminal case St. Paul, Ramsey County, prosecutors will frequently make no plea offers and simply want a plea and will then seek mandatory minimum sentences if they can get them. Further, Minnesota has very specific laws and requirements for possession of firearms. Minnesota law requires that individuals follow certain procedures to establish eligibility to obtain, transfer or carry a handgun. Permits are issued by all county sheriffs in Minnesota.
A very important related issue involves what are known as “ghost guns” and as well as modification of other existing guns. Knowing the difference is critical as modification of an existing weapon may in itself be a crime. If you are facing criminal charges in Minnesota involving guns, contact an experienced criminal defense attorney.
What is a Ghost Gun?
A ghost gun is a gun that is:
Designed to avoid gun laws (not exactly true);
Untraceable and unserialized (also not exactly true);
Available to buy without a background check (true).
“Every gun, even a ghost gun has unique ballistic characteristics. The barrel leaves distinct markings on a round. The breech mechanism does the same to a cartridge case.”
Ghost guns are constructed by individuals using unfinished frames and receivers and other parts. Essentially, anybody can buy the gun online as a disassembled kit with a single unfinished part like a receiver or a frame of the gun or as individual parts. The reason it is sold this way is that it does not require a serial number because it is technically “non-functional.” This means it does not fall under the definition of a firearm Federally or in Minnesota. With minimal effort, these “non-functional” weapons can become fully functional weapons or ghost guns.
If I am Not Allowed to Possess a Weapon, Can I Possess a Ghost Gun?
Simply put, no. If you are banned from possessing a weapon, then that generally applies to any and all ghost guns. Once those guns are “put together,” they likely fall under banned weapons for possession purposes. Examples of people who may be banned from possessing weapons in Minnesota include:
Convicted Felons;
Those who have lost their gun rights';
Harassment Restraining Orders;
Domestic Assault No Contact Orders;
Those on probation that were ordered to not possess a firearm.
“Having a ghost gun is generally not a crime in Minnesota unless you couldn’t have it in the first place. What somebody does with a ghost gun is another matter. If a crime is committed with a ghost gun, all of the applicable criminal laws generally still apply.”
Why do People Want Ghost Guns?
Because of Minnesota State and Federal laws, you are technically not buying a gun, you are just buying parts. As a result, there is no background check, no serial number on the weapon that is registered anywhere and it can’t generally be tracked to any individual. Most importantly, THEY ARE ABSOLUTELY LEGAL TO POSSESS IN MINNESOTA so long as you are allowed to possess a weapon in the first place. The loophole and has generally been a huge headache in Minnesota for law enforcement. It is far more difficult to track a ghost gun and therefore it has started to become the go-to for those who simply want one but also the felons and gun traffickers.
Can I Just Remove the Serial Number on my Own Gun?
No. It is a crime to remove the serial number from a weapon that you already legally possess here in Minnesota. In other words, you could have just shifted a weapon that you possessed legally into one that is now illegal to possess. Further, the Bureau of Criminal Apprehension may still be able to read that serial number even if you think you obliterated it completely. Available methods for serial number restoration are the magnetic particle method, chemical etching, the electrolytic method, and heat treatment.
Is it Still Possible to Track a Ghost Gun?
No and Yes. Ghost guns are much more difficult to track by law enforcement here in Minnesota because of a lack of a serial number and a connection to an individual buyer. At the same time, there may still be ways to track that firearm. This is generally through ballistic analysis and comparison.
What is Ballistic Analysis and Comparison?
The most frequent approach in identifying a gun is though spent bullets and cartridge cases. These are more frequently left at a crime scene than a traditional gun with a serial number or a ghost gun. Law enforcement can usually determine the type of weapon that fired the round or ejected the cartridge case.
More importantly, it is critical to remember that every gun, even a ghost gun has unique ballistic characteristics. The barrel leaves distinct markings on a round. The breech mechanism does the same to a cartridge case. So, if the weapon has been used before or if spent rounds or cartridge cases are found, law enforcement may have the ability to walk that evidence back to the original ghost gun.
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.