Is It Illegal to Own a Ghost Gun in Illinois?

 Posted on January 10, 2025 in Criminal Law

Ghost guns are a great example of a product existing in the market before the law has had a chance to catch up and address it. These are real, functional firearms that you can assemble at home, typically with kits that you can buy online and parts that you can 3D print for yourself. The resulting guns are fully functional but because they are not traditional firearms, they are unregistered and do not have serial numbers, and are therefore untraceable.  

With ghost guns becoming more prevalent in recent years, there is some confusion about legal implications and regulation. If you are facing weapons charges related to the possession of a ghost gun, speak with a qualified Wheaton, IL criminal defense lawyer who can explain your options.

How Do Ghost Guns Work?

Ghost guns are the DIY version of firearms. The idea is similar to how you can either go to a furniture store to buy a closet that will be delivered to your home ready-to-use or go somewhere like Ikea to buy a kit to build your own closet. You can go to a store to buy a gun, but depending on where you are, you can be subject to a waiting period and a background check, and your gun and its serial number will be registered to you. 

If you want to get around that, you can go online and buy a kit or create the gun parts in a 3D printer and assemble your own gun from the comfort of your own home. The product you end up with can function exactly like a regular gun.

What Does Illinois Law Say About Ghost Guns?

Illinois has fairly strict gun laws in general and has implemented measures criminalizing possession of ghost guns in particular. First, there are some general gun regulations that apply across the board but inherently make ghost guns illegal:

• In Illinois, you cannot legally own a gun without having a valid Firearm Owner’s Identification (FOID) card. To apply for a card, you need to go through a background check and meet eligibility criteria, including a clean criminal record and legal residency. This requirement applies to any firearm, so even though you can create a ghost gun at home, once you do, you would be in possession of a real firearm, and you would be violating the law if you do not have a FOID card.

• Illinois law requires all guns to be registered, and any firearms transferred or sold in the state need to have a serial number so they can be documented and traceable. Owning a ghost gun is a violation of these laws because ghost guns do not have serial numbers.

A relatively new law that was passed in May 2022 officially made it illegal to sell, transfer, or possess unserialized firearms and even firearm parts. The law enables people to serialize their previously unserialized guns. There are guidelines for how and where to do this, and a criminal defense lawyer can help you understand what you need to do to avoid charges of illegal gun possession.

If you are found in possession of an unregistered, unserialized ghost gun in Illinois, you could be charged with a Class A misdemeanor, which can carry fines of up to $2,500 and a sentence of up to one year in jail. That is why it is so important to understand the evolving laws about ghost guns and seek legal advice when you need it.

Contact a DuPage County, IL Weapons Charges Lawyer

Ghost guns are a source of some confusion among gun owners since the laws about them are relatively new and still evolving. You might find yourself facing weapons charges when you never intended to violate the law. Fortunately, if that happens, the skilled Wheaton, IL criminal defense attorney at Davi Law Group, LLC will fight hard to protect your rights and get the best outcome for your case. Call 630-580-6373 to schedule a free consultation.