Are Ghost Guns Legal in Texas?

 Posted on February 12, 2025 in Criminal Defense

 Ghost guns have been coming up in the news lately, especially following a high-profile case that involved one a few months ago. While we all know that as Americans, we have the right to bear arms, as stated in the Second Amendment of the U.S. Constitution, ghost guns are a hot topic for legal debate because of their unique nature. To learn more about whether you could face weapons charges for possessing a ghost gun, speak with a qualified Texas criminal defense lawyer.

How Are Ghost Guns Categorized?

According to Texas law, anything that has been designed, made, or adapted so that energy from ignition or an explosion can be used to send a projectile through a barrel is considered a firearm. Federal law goes a bit further by adding other parts, including a weapon’s frame, receiver, muffler, or silencer under the definition.

How Are Ghost Guns Made?

Nowadays, you can use a 3D printer to create whatever you want, and firearms are no exception. You can buy kits online for how to assemble an entire gun. You can also buy gun parts, print some others, and make a fully functional weapon using the combination.

However, since whatever you purchase is either an unfinished part, frame, or kit, and none of these are actual weapons, they do not have serial numbers.

Is it Illegal To Have a Ghost Gun in Your Possession?

In Texas, it is legal to buy a kit and assemble your own firearm under two specific conditions:

• It is for your personal use. You cannot make guns and sell them to others, but if you are doing it so you can use it yourself, that is not against the law.

• You are not prohibited from using a gun. In some cases, a person who has been convicted of domestic violence or another violent crime in the past might be prohibited from purchasing and possessing a weapon. If you face these prohibitions, you cannot legally make your own weapon.

If you are legally making your own firearm, you need to comply with state and federal gun laws, including submitting to a background check.

One of the main reasons why ghost guns are currently legal in Texas is because gun owners are not required by state law to register their firearms. Texas does not even maintain a gun registry. However, this is a fairly new topic being addressed by the law and we can expect some developments and changes as lawmakers focus more attention on it. As always, if you are unsure about the legal implications of your actions, speak with a respected lawyer who can offer valuable guidance.

Contact a San Antonio, TX Weapons Charges Defense Lawyer

Since ghost guns are somewhat of a gray area legally in Texas, it is important to understand your rights under both state and federal law. If you are questioned about your ghost gun ownership, immediately contact a knowledgeable San Antonio, TX criminal defense attorney at Law Offices of Sam H. Lock who can work aggressively on your behalf to fight any charges and get you the best outcome. Call 210-226-0965 to learn more.