Ghost guns draw headlines because unmarked kits and parts are easy to buy and difficult to trace. In Texas, both local prosecutors in San Antonio and federal agents enforcing nationwide rules can pursue charges.
What a ghost gun means under Texas and federal law
Texas defines a firearm broadly to include any device that someone can readily convert to fire a projectile. The state does not require firearm registration and you may legally build a firearm for personal use if you do not fall into a prohibited category.
At the federal level, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a 2022 rule that classifies certain kits and partially complete frames or receivers as firearms. That rule requires licensed sales, serial numbers, recordkeeping and background checks. The Supreme Court upheld this rule in March 2025.
Where exposure comes from
Your risk differs depending on conduct. Here’s what you need to know:
- Possession (state): Texas lets you keep a homebuilt gun if you can legally own firearms.
- Purchase/transfer (federal): Federal law says you must buy kits or receivers through a licensed dealer, with a serial number and a background check. If you transfer them illegally, you can face federal charges.
- FFL/gunsmith rules (federal): If a licensed dealer or gunsmith takes in a homebuilt gun without a serial number, federal law requires them to mark it with one before selling or transferring it, usually within seven days.
Local courts in San Antonio may begin cases but federal prosecutors can adopt them that can often increase sentencing exposure.
Why this matters now
The ATF reported that crimes involving ghost guns rose more than 1,000% since 2017. This surge led to more federal referrals and stronger enforcement. After the Supreme Court ruling, federal law treats kits and nearly complete receivers as firearms under the Gun Control Act. That means background checks and recordkeeping now apply to conduct federal law once ignored.
What Texas defendants should keep in mind
Ghost gun laws now function on two tracks. Texas law still allows many personal builds but federal law classifies many kits and frames as firearms. Because San Antonio cases can involve both state and federal systems, outcomes vary depending on whether state or federal prosecutors pursue the charges.
If you face charges, you may consult an experienced Texas defense lawyer who can explain the differences between state and federal exposure and guide you through both systems.
