Are Texans at Risk for Ghost Gun Legislation?
Preparation for the 2025 Texas Legislative Session is well underway. Prefiling of bills opened in November. There have already been over 100 bills filed that involve the Second Amendment. Some of these bills have been good. But others have already made clear that a lot of work will go into the Session by TSRA. This includes a proposal targeting so-called "ghost guns" -- a term coined by gun control advocates. This term includes home-built firearms and firearm parts or components that law-abiding gun enthusiasts can acquire to construct firearms for personal ownership and use.
Rep. Terry Meza (D-Irving) has filed House Bill 226, which criminalizes the manufacturing of a firearm without a Federal Firearm License (FFL), banning the centuries-old practice by hobbyists of making home-built guns. This same bill was filed last session and it didn't pass. However, recent events and subsequent news coverage have renewed gun control advocates' push for such a measure.
The recent murder of Brian Thompson has brought continued media rhetoric on ghost guns. These headlines started after information was released by the Altoona Police Department. They identified the firearm found on suspect Luis Mangione to be a ghost gun. At a press briefing, NYPD Chief of Detectives described the firearm. "A ghost gun that had the capability of firing a 9mm round."
Our friends at Right to Bear, a new TSRA Partner, shared information on this subject in their recent newsletter.
TSRA has partnered with Right to Bear, a crucial ally when it comes to self-defense. Right to Bear has given TSRA Members a 10% discount on their membership cost. To sign up, visit www.protectwithbear.com and use the promo code TSRA.
History
A DIY firearm is not new to the creation of 3D Printing. The Gun Control Act of 1968 allows an unlicensed individual to build a firearm for their own use. If the resulting product is not intended for sale or distribution, the Act allows the creation.
Supreme Court
The Attorney General signed Final Rule 2012R-05F, Definition of “Frame or Receiver” and Identification of Firearms on April 11, 2022. “The ATF’s Final Rule, which intended to address privately made firearms – sometimes called “ghost guns” – expanded the definition of “frame or receiver” to include “a partially complete, disassembled, or nonfunctional frame,” NRA-ILA wrote in August. The definition of a firearm was also amended in the Final Rule. It allowed the definition to include a “weapon parts kit.”
The Final Rule has been challenged. The Plaintiffs (Jennifer VanDerStok, Michael Andren, et. al)first filed their petition on August 11, 2022, in the Northern District of Texas. After several appeals the case was sent to the U.S. Court of Appeals (Fifth Circuit). “Thus, all that remains before this Court now is the appeal of the district court’s final judgment vacating the Final Rule in its entirety,” (Published Opinion, Kurt D. Engelhardt, Circuit Judge).
The NRA filed an amicus brief in Garland v. VanDerStok this year, which we at TSRA support. “Private individuals in America have always enjoyed the right to make firearms. In colonial America, because firearms were essential for food and protection, gunmakers appeared wherever the English settled.” Today, firearms remain an essential item for food and protection, and it stands to reason that the ability to privately construct same remains intact.
The Supreme Court is expected to have a decision on the case in the summer of 2025.
Texas Legislative Session
While the Supreme Court decision is still to come, the Texas Legislative Session starts on January 14, 2025. There is still a potential that more ghost gun bills will be filed for this session.
The TSRA Political Team will step in to fight against HB 226 and any other so-called "ghost gun" measures. We will need all the support we can get to fight these and other known anti-Second Amendment bills during the 2025 Session. To contribute to the TSRA PAC, please visit TSRAPAC.com.
Story by Marissa Brinkman (sportsman@tsra.com)
December 31, 2024