GHOST Act of 2025
- Bill Number
- H.R. 3373
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-05-13: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-11-13T09:05:37Z
AI-Generated Summary
Purpose of the Legislation
The Gun Hardware Oversight and Shipment Tracking Act of 2025 (GHOST Act) aims to establish a national reporting system to track the interstate and foreign shipment or transportation of specific firearm parts, helping law enforcement monitor their movement and prevent potential misuse.
Key Provisions
- Establishment of Reporting System: The Attorney General (head of the Department of Justice) must create and manage the Federal Interstate Firearm Parts Reporting System. This system requires entities (such as businesses or individuals) to register shipments of "covered firearm components" (defined as the barrel, slide, or bolt carrier of a firearm) moving across state lines or internationally.
- Registration Requirements:
- Entities must submit details to the Attorney General at least 5 business days before shipping, including:
- Sender's and recipient's name, address, contact info, and an "eligible identification number" (e.g., tax ID, last 4 digits of Social Security number, or another approved unique identifier).
- Shipping method (e.g., mail, courier) and a list of package contents.
- For mail shipments, registered or certified mail with return receipt is required. Other deliveries must include recipient signature and notification to the sender.
- Within 5 business days after initial registration, entities must report the shipment start date and delivery confirmation (or certify if documentation is pending, with follow-ups every 5 days until resolved).
- Safe Harbor and Flexibility:
- Late registration is allowed up to 5 business days after delivery if the initial requirement was missed, but the Attorney General can prohibit this for repeat offenders.
- Recipients can file a "putative registration" (a good-faith report based on available info) within 5 days of receipt if the sender fails to register.
- Database and Access:
- The Attorney General maintains a secure database of all registrations.
- Access is limited to federal, state, local, Tribal, or foreign law enforcement; prosecutors; federal agencies; or authorized individuals. The database is exempt from public disclosure under the Freedom of Information Act (a law requiring government transparency).
- Enforcement and Seizure:
- Unregistered covered firearm components can be seized by the Attorney General or designated government entities during interstate or foreign transport.
- State, local, or Tribal officers can seize them in emergencies (e.g., imminent risk of harm) and report to the Attorney General.
- Seized items can be destroyed via administrative process unless objected to, in which case a federal court reviews and authorizes destruction if no valid registration exists.
- Penalties for Violations:
- Knowingly shipping without registration (with intent to evade) is illegal.
- First offense: Fine, up to 1 year in prison, or both.
- If involving 50 or more components in a single act, conspiracy, or operation: Fine, up to 10 years in prison, or both.
- Implementation:
- The Attorney General can issue regulations, including for administrative destruction processes.
- The law takes effect 120 days after enactment.
Significant Changes to Existing Law
- Adds a new section (Sec. 935) to Chapter 44 of Title 18 of the U.S. Code (which covers firearms and related crimes), creating the reporting system and definitions for covered components and identification numbers.
- Amends Section 924 (penalties for firearms offenses) by adding specific penalties for violations.
- Updates the chapter's table of contents to include the new section.
- No prior federal law specifically mandates pre-shipment registration for these firearm parts in interstate commerce; this introduces tracking similar to requirements for full firearms but targeted at key components.
Potential Impacts
- On Government Agencies: The Department of Justice gains responsibility for building and operating the database, processing registrations, handling seizures, and potential court petitions, which could increase administrative workload and costs. Law enforcement at all levels benefits from better tracking to investigate crimes involving firearms.
- On Citizens: Individuals or businesses shipping covered firearm parts (e.g., for repairs, sales, or hobbies) face new paperwork and compliance burdens, with risks of seizure, fines, or jail for non-compliance. Recipients may need to step in with registrations if senders fail. Everyday gun owners or hobbyists unaffected by intrastate (within-state) movements, but interstate shipping becomes more regulated.
- On International Relations: Includes foreign commerce, potentially aiding U.S. cooperation with international law enforcement on arms trafficking, but could complicate exports/imports without directly altering trade policies.
Main Stakeholders Affected
- Firearm Industry Participants: Manufacturers, sellers, repair shops, and online retailers of firearm parts, who must handle registrations and verified deliveries.
- Shippers and Transporters: Postal services, couriers (e.g., UPS, FedEx), and common carriers, required to use tracked methods and report details.
- Individual Gun Owners and Recipients: Those receiving parts across states, who may need to file alternative registrations.
- Law Enforcement and Prosecutors: Federal, state, local, Tribal, and foreign agencies gaining database access for investigations.
- Department of Justice: Primarily responsible for implementation and enforcement.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Builds on federal authority to regulate interstate commerce under the Commerce Clause of the U.S. Constitution (Article I, Section 8), similar to existing gun control laws like the Gun Control Act of 1968. Introduces administrative seizure and destruction processes, with judicial review to protect property rights if owners object. The database's FOIA exemption prioritizes law enforcement needs over public access, potentially limiting transparency.
- Constitutional Implications: Could face challenges under the Second Amendment (right to bear arms), as it regulates parts essential to firearms without banning them outright—courts might assess if it unduly burdens lawful ownership. Privacy concerns may arise under the Fourth Amendment (protection against unreasonable searches) regarding the collection and sharing of personal/shipping data, though limited access mitigates broad surveillance risks.
- Political Implications: Sponsored by a bipartisan group of House Democrats, it reflects ongoing debates on gun violence prevention versus Second Amendment rights. If enacted, it could set a precedent for tracking other weapon components, influencing future legislation on emerging technologies like 3D-printed guns, while sparking opposition from gun rights advocates over added bureaucracy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (34)
Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Casar, Greg [D-TX-35], Rep. McBride, Sarah [D-DE-At Large], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Kelly, Robin L. [D-IL-2], Rep. Dean, Madeleine [D-PA-4], Rep. Garcia, Robert [D-CA-42], Rep. Ansari, Yassamin [D-AZ-3], Rep. Tran, Derek [D-CA-45], Rep. Levin, Mike [D-CA-49], Rep. Bonamici, Suzanne [D-OR-1], Rep. Randall, Emily [D-WA-6], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Davis, Danny K. [D-IL-7], Rep. Escobar, Veronica [D-TX-16], Rep. Goldman, Daniel S. [D-NY-10], Rep. McIver, LaMonica [D-NJ-10], Rep. Salinas, Andrea [D-OR-6], Rep. Min, Dave [D-CA-47], Rep. Thanedar, Shri [D-MI-13], Rep. Brownley, Julia [D-CA-26], Rep. Carbajal, Salud O. [D-CA-24], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Elfreth, Sarah [D-MD-3], Rep. Foushee, Valerie P. [D-NC-4], Rep. Bell, Wesley [D-MO-1], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Balint, Becca [D-VT-At Large], Rep. Swalwell, Eric [D-CA-14], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Doggett, Lloyd [D-TX-37], Rep. Latimer, George [D-NY-16]
Recent Actions
- 2025-05-13: Referred to the House Committee on the Judiciary.
- 2025-05-13: Introduced in House
- 2025-05-13: Introduced in House
Bill Versions
- Gun Hardware Oversight and Shipment Tracking Act of 2025 — issued 2025-05-13 — PDF (11 pages)