Understanding the Legal Implications of a Minor Possessing a Ghost Gun in Texas

In recent years, the rise of 'ghost guns'—completely unregulated firearms assembled from component kits without the manufacturer's serial numbers—has been a topic of significant discussion. This article will delve into the legal consequences for minors who come into possession of such unregulated firearms in the state of Texas.

Legal Charges for Minor Possession of a Firearm

When a minor is found to be in possession of a firearm in Texas, the first charge they will face is possession of a firearm. Under Texas law, even if the firearm in question is homemade, it is still classified as a firearm and falls under the jurisdiction of the law.

Potential Federal Charges for Ghost Guns

In the case of a ghost gun, even if the weapon was made by a company and had an original serial number, the firearm's serial number can be filed off or removed. This can trigger a more severe charge under federal law. If it can be proven that the firearm was obtained from a company and the original serial number was altered or removed, the minor or individual in possession could face federal charges under the Ghost Gun Prohibition Act.

The key point here is that possession of such a firearm can lead to significant legal trouble, especially when federal authorities intervene.

Home-Made Guns and Legal Implications

For home-made guns, the lack of a serial number is a significant grey area in the law. Unlike federally manufactured firearms, which have strict regulations, homemade firearms do not come with the same legal requirement for a serial number. Therefore, under state law in Texas, there is no legal requirement or charge for defacing or removing the serial number from a homemade firearm.

Current Legal Status: No Legal Ban on Making Unregistered Firearms

Currently, the legal landscape in Texas and across the United States does not include a general ban on making unregistered firearms. As a result, minors, as well as adults, can legally manufacture homemade firearms without being subject to the same regulations as commercially manufactured firearms.

Conclusion

While the possession of a firearm by a minor, regardless of its type, is a serious matter under Texas law, the situation with ghost guns presents a unique set of challenges. Federal authorities are more likely to intervene in cases involving ghost guns and could bring severe charges for minors or others in possession of such firearms.

It is crucial for individuals, especially parents and guardians, to understand the legal implications of possessing any form of firearm, including homemade weapons, in Texas. Awareness and education are key to navigating the complex legal landscape surrounding gun possession.