The Ghost Gun Loophole
A recent ruling from the Minnesota Supreme Court has opened the door to legal possession of untraceable firearms across the state, in a stark reminder that our laws are not keeping up with the rapidly evolving dangers of “ghost guns.”
Generated by 3D printers or assembled from kits or parts purchased online, ghost guns can be easily obtained and used by individuals who might otherwise be prohibited from owning firearms. Unlike traditional guns, which require background checks, registration, and, in some states, permits to carry, ghost guns evade all such barriers, meaning minors, people with documented mental health issues, and convicted violent criminals can acquire them, increasing the likelihood of them being used illegally.
And their use in crime is growing. Ghost guns are unserialized and, hence, untraceable. The number of these privately made guns recovered at crime scenes surged by nearly 1,600% between 2017 and 2023, according to a federal gun trafficking study released earlier this year. About 1,700 of them have been tied to homicides, while another 4,000 have been linked to other violent crimes.
What Happened in Minnesota?
Earlier this month, the Minnesota Supreme Court issued a 4–3 decision in State v. Vagle, ruling that Minnesota law does not prohibit the possession of homemade guns without serial numbers—unless federal law already requires it.
This decision stems from a 2022 case where police found a self-assembled Glock-style pistol without a serial number during a traffic stop. The owner was charged under a state law that bans possessing firearms without serial numbers. But the court ruled that this law doesn’t apply to homemade guns, since they are not required to have serial numbers under federal law.
Justice Paul Thissen, writing for the majority, was blunt: if lawmakers want to ban ghost guns, they need to say so directly. Chief Justice Natalie Hudson, writing in dissent, put it plainly: “Allowing untraceable firearms on our streets is a public safety risk.”
The Response
Minnesota law enforcement and public officials have responded to the ruling with concerns, echoing Judge Hudson. Without serial numbers, these DIY firearms make it significantly harder to solve gun crimes.
“Now these folks are going to potentially be able to market these guns and/or trade and buy and sell them so much easier.” —Kevin Torgerson, Olmsted County Sheriff
“We’ll just deal with it kind of case-by-case, but if a ghost gun is lost or stolen, if it doesn’t have a serial number, it’s going to be really difficult for law enforcement to recover that for the rightful owner.” —Jeff Potts, Executive Director of the Minnesota Chiefs of Police Association
“The spread of ghost guns presents a serious threat to the safety of Minnesotans, which is why today’s ruling from the Minnesota Supreme Court is so concerning. To keep guns out of the hands of dangerous people, I have been working hard to hold firearms dealers accountable when they sell guns to straw buyers who then re-sell those weapons on the black market. Ghost guns, by definition, circumvent many of the protections in place to ensure firearms are only put into the hands of qualified buyers, allowing them to more easily be used for criminal acts and to be trafficked. Leaders in Minnesota need to work together to fill this gap in state law, ban ghost guns, and keep people safe.” —Minnesota Attorney General Keith Ellison
“The ball is back in our court. It’s up to us now to redo the statute.” —Minnesota State Sen. Ron Latz, who is preparing legislation to require serial numbers on all firearms, including self-made weapons
Seeking Accountability in the Courts
While Minnesota debates policy, some gun parts manufacturers and dealers are being taken to court. Earlier this month, the parents of 18-year-old Henry Willis filed a wrongful death lawsuit against an Omaha-based firearms parts seller. Six days after receiving a ghost gun kit he purchased online—with no background check or ID requirement, just parts and instructions—Henry took his own life with the weapon he assembled himself.
Several families of victims of a mass shooting in Philadelphia in 2023 are suing a firearms retailer as well, accusing it of selling ghost gun components to the alleged shooter. Ghost guns account for a significant portion of the guns used in crime that are seized in Philadelphia, according to police. And earlier this week, a lawsuit against a Maryland gun shop accused of illegally selling ghost gun kits went to trial. Baltimore previously reached a $1.2 million settlement with a leading manufacturer of ghost gun parts.
What Needs to Happen Next
At 97Percent, ghost guns aren’t explicitly included in our policy roadmap, but they are closely tied to both background checks and permitting (Policy Roadmap 2: Create a mechanism to assess if someone is a violent criminal, prior to purchasing a gun). In our view, this moment calls for action. In the short term, legislatures in Minnesota and elsewhere should update state laws to close the serial number loophole. Ultimately, Congress should strengthen federal regulations to include all gun kits and parts in background check laws.
To be clear, building guns at home has long been a hobby for firearm enthusiasts. These laws would not prevent that. The responsibility would fall to gun parts manufacturers to serialize parts—and to dealers to conduct background checks prior to purchases. This protects gun owners as well. If homemade guns are stolen, they can be traced back to their rightful owner, if and when they are recovered.
As ghost guns proliferate across the country, good policy can help ensure that they don’t land in the wrong hands—and that they can be traced if they do.