Houston’s Legal "Gray Area" Regarding Ghost Guns and 3D Guns

 Posted on October 31, 2025 in Criminal Defense

The intersection between federal ATF enforcement of ghost guns and 3D firearms and the permissive firearm laws in Texas can create significant confusion for defendants. This is especially true when privately made firearms, unfinished receivers, and 3D printed gun components are at issue. Ghost guns are untraceable firearms assembled from kits or 3D-printed parts.

While the state of Texas does not explicitly ban ghost guns, federal ATF rules now classify unfinished frames and receivers as firearms. In 2025, Houston-area prosecutors – along with federal agents – are increasingly targeting those who unknowingly violate new serialization or transfer rules. Gun crimes can have significant penalties, both short and long-term, particularly when charged federally.

If you believe you are "safe" under Texas laws (or lack of laws) regarding ghost guns, it is essential that you understand how state and federal firearm laws overlap and when possession can cross over into a federal offense. Having a highly experienced Houston, TX gun crimes attorney from Murphy & McKinney Law Firm, P.C. can make a significant difference in the outcome of your charges.

What is a Ghost Gun or Privately Made Firearm?

A privately made firearm (PMF) is often called a "ghost gun" because it is not marked with a serial number, making it much more difficult for law enforcement to trace when it is used to commit a crime. Individuals may make PMFs from scratch, or they may buy weapon parts kits, including "buy-build-shoot" kits. These are pre-manufactured, disassembled, complete firearms, once put together.

The federal government defines a ghost gun as any firearm made from an unfinished frame or receiver that lacks a serial number. Federal regulations subject these unfinished receivers or parts kits to the same serialization and background check requirements as traditional firearms, making most commercial sales illegal.

What is the Regulatory Gap Between Federal Laws and Texas Laws on Ghost Guns?

A 2022 ATF Final Rule requires serialization and background checks for kits and frames, and a federal felony can apply for possession or sale of a firearm with no serial number under 18 U.S.C. Section 922 – 924. Under federal law, the maximum penalty for the possession or sale of an unserialized firearm is 10 years in prison and a fine of up to $250,000, although the specific violation can affect the penalty.

While Texas law (Texas Penal Code Section 46.01-46.05) does criminalize unlawful possession by certain persons (like felons or minors), there is no state-level ban on ghost guns, 3D-printed components, or unserialized receivers, kits, or frames. However, Houston PD and Harris County prosecutors often refer ghost-gun cases to federal agencies, and joint task forces are identifying unserialized weapons through social media postings and online sales.

What Are Some Common Scenarios That Can Lead to Ghost Gun Charges?

Some of the most common scenarios that can lead to federal ghost gun charges for those in the Houston area include possession after a prior felony conviction (federal enhancement) or the distribution or sale of unmarked, unserialized weapons. Importing or mailing firearm parts without a license, or possession of a weapon during another felony offense, can also trigger federal charges.

What Are the Most Common Legal Defenses in Houston Ghost-Gun Cases?

The most common legal defenses for Texans facing potential federal charges for unserialized weapons include:

• The defendant did not know the item qualified as a "firearm" under federal law.
• The unassembled parts, incomplete frames, or hobby 3D printing lacked intent.
• There are chain of custody issues.
• It cannot be established that the weapon meets the federal "readily convertible" standards.
• The police conducted an illegal search and seizure.
• There are Second Amendment implications that challenge the ATF’s federal rule.

Contact a Houston, TX Criminal Defense Attorney

If you are facing ghost-gun or 3D printed firearm parts charges, it can feel overwhelming, especially in light of the disparity in laws between Texas and the federal government. A Houston gun crimes lawyer from Murphy & McKinney Law Firm, P.C. understands the complex federal ATF rules and knows how to challenge search warrants, allegations of intent, and technical classification errors. Attorney Murphy understands that his clients’ families and futures are at risk when they are charged with a crime, and that criminal charges are stressful, intimidating, and frightening. Call 713-229-8333 to schedule your initial attorney meeting.