Unserialized firearms ("ghost guns"); create crime of possession of.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Porter

HOUSE BILL NO. 434

AN ACT TO CREATE THE CRIME OF POSSESSING AN UNSERIALIZED 1
FIREARM OR UNSERIALIZED UNFINISHED FIREARM FRAME OR RECEIVER, 2
COMMONLY KNOWN AS A "GHOST GUN"; TO DEFINE CERTAIN TERMS; TO 3
REQUIRE A FIREARM MANUFACTURED USING 3D PRINTING TECHNOLOGY TO BE 4
SERIALIZED; TO PRESCRIBE REQUIREMENTS FOR THE SERIALIZATION OF 5
FIREARMS; TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO PUBLISH 6
NOTICE OF THE REQUIREMENTS OF THIS ACT; TO EXEMPT CERTAIN FIREARMS 7
FROM THE SERIALIZATION REQUIREMENTS; TO ESTABLISH CRIMINAL 8
PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. (1) As used in this section, the following words 11
and phrases have the meanings ascribed in this subsection unless 12
the context clearly requires otherwise: 13
(a) "Bona fide supplier" means an established business 14
entity engaged in the development and sale of firearms parts to 15
one or more federal firearms manufacturers or federal firearms 16
importers. 17
(b) "Federal firearms dealer" means a licensed dealer 18
pursuant to 18 USC 921(a)(11). 19
(c) "Federal firearms importer" means a licensed 20
importer pursuant to 18 USC 921(a)(9). 21
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(d) "Federal firearms manufacturer" means a licensed 22
manufacturer pursuant to 18 USC 921(a)(10). 23
(e) "Fire control component" means a component 24
necessary for the firearm to initiate, complete or continue the 25
firing sequence, including any of the following: hammer, bolt, 26
bolt carrier, breechblock, cylinder, trigger mechanism, firing 27
pin, striker or slide rails. 28
(f) "Frame or receiver" means a part of a firearm that, 29
when the complete weapon is assembled, is visible from the 30
exterior and provides housing or a structure designed to hold or 31
integrate one or more fire control components, even if pins or 32
other attachments are required to connect those components to the 33
housing or structure. For those models of firearms in which 34
multiple parts provide the housing or structure, the part or parts 35
that the Director of the Federal Bureau of Alcohol, Tobacco, 36
Firearms and Explosives has determined are a frame or receiver 37
constitute the frame or receiver. 38
(g) "Security exemplar" means an object to be 39
fabricated at the direction of the United States Attorney General 40
which is: 41
(i) Constructed of three and seven-tenths (3.7) 42
ounces of material type 17-4 PH stainless steel in a shape 43
resembling a handgun; and 44
(ii) Suitable for testing and calibrating metal 45
detectors. 46
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(h) "Three-dimensional printer" or "3D printer" means a 47
computer or computer-driven machine capable of producing a 48
three-dimensional object from a digital model. 49
(i) "Undetectable firearm" means: 50
(i) A firearm constructed entirely of nonmetal 51
substances; 52
(ii) A firearm that, after removal of all parts 53
but the major components of the firearm, is not detectable by 54
walk-through metal detectors calibrated and operated to detect the 55
security exemplar; or 56
(iii) A firearm that includes a major component of 57
a firearm, which, if subject to the types of detection devices 58
commonly used at airports for security screening, would not 59
generate an image that accurately depicts the shape of the 60
component. "Undetectable firearm" does not include a firearm 61
subject to the provisions of 18 USC 922(p)(3) through (6). 62
(j) "Unfinished frame or receiver" means any forging, 63
casting, printing, extrusion, machined body or similar article 64
that: 65
(i) Has reached a stage in manufacture where it 66
may readily be completed, assembled or converted to be a 67
functional firearm; or 68
(ii) Is marketed or sold to the public to become 69
or to be used as the frame or receiver of a functional firearm 70
once completed, assembled or converted. 71
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(k) "Unserialized" means lacking a serial number 72
imprinted by: 73
(i) A federal firearms manufacturer, federal 74
firearms importer, federal firearms dealer or other federal 75
licensee authorized to provide marking services, pursuant to a 76
requirement under federal law; or 77
(ii) A federal firearms dealer or other federal 78
licensee authorized to provide marking services pursuant to 79
subsection (5) of this section. 80
(2) It is unlawful for a person to knowingly sell, offer to 81
sell or transfer an unserialized unfinished frame or receiver or 82
unserialized firearm, including those produced using a 83
three-dimensional printer, unless the party purchasing or 84
receiving the unfinished frame or receiver or unserialized firearm 85
is a federal firearms importer, federal firearms manufacturer or 86
federal firearms dealer. 87
(3) Beginning January 1, 2027, it is unlawful for a person 88
to knowingly possess, transport or receive an unfinished frame or 89
receiver, unless: 90
(a) The party possessing or receiving the unfinished 91
frame or receiver is a federal firearms importer or federal 92
firearms manufacturer; 93
(b) The unfinished frame or receiver is possessed or 94
transported by a person for transfer to a federal firearms 95
importer or federal firearms manufacturer; or 96
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(c) The unfinished frame or receiver has been imprinted 97
with a serial number issued by a federal firearms importer or 98
federal firearms manufacturer in compliance with subsection (5) of 99
this section. 100
(4) Beginning January 1, 2027, unless the party receiving 101
the firearm is a federal firearms importer or federal firearms 102
manufacturer, it is unlawful for a person to knowingly possess, 103
purchase, transport or receive a firearm that is not imprinted 104
with a serial number by: 105
(a) A federal firearms importer or federal firearms 106
manufacturer in compliance with all federal laws and regulations 107
regulating the manufacture and import of firearms; or 108
(b) A federal firearms manufacturer, federal firearms 109
dealer or other federal licensee authorized to provide marking 110
services in compliance with the unserialized firearm serialization 111
process under subsection (6) of this section. 112
(5) A firearm or unfinished frame or receiver manufactured 113
using a three-dimensional printer must be serialized in accordance 114
with the requirements of subsection (6) before August 1, 2026, or 115
before reaching a stage of manufacture where it readily may be 116
completed, assembled or converted to be a functional firearm. 117
(6) Unserialized unfinished frames or receivers and 118
unserialized firearms serialized pursuant to this section must be 119
serialized in compliance with all of the following requirements: 120
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(a) An unserialized unfinished frame or receiver and 121
unserialized firearm must be serialized by a federally licensed 122
firearms dealer or other federal licensee authorized to provide 123
marking services with the licensee's abbreviated federal firearms 124
license number as a prefix (which is the first three (3) and last 125
five (5) digits) followed by a hyphen, and then followed by a 126
number as a suffix (for example, 12345678-(number)). The serial 127
number or numbers must be placed in a manner that accords with the 128
requirements under federal law for affixing serial numbers to 129
firearms, including the requirements that the serial number or 130
numbers be at the minimum size and depth and not susceptible to 131
being readily obliterated, altered or removed, and the licensee 132
must retain records that accord with the requirements under 133
federal law in the case of the sale of a firearm. The imprinting 134
of a serial number upon an undetectable firearm must be done on a 135
steel plaque in compliance with 18 USC 922(p). 136
(b) A federally licensed firearms dealer or other 137
federal licensee that engraves, casts, stamps or otherwise 138
conspicuously and permanently places a unique serial number 139
pursuant to this subsection must maintain a record of such 140
indefinitely. Licensees must make all records accessible for 141
inspection upon the request of the Department of Public Safety or 142
a law enforcement agency. 143
(c) A federally licensed firearms dealer or other 144
federal licensee that engraves, casts, stamps or otherwise 145
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conspicuously and permanently places a unique serial number 146
pursuant to this subsection must record the serial number at the 147
time of every transaction involving the transfer of a firearm, 148
rifle, shotgun, finished frame or receiver, or unfinished frame or 149
receiver that has been so marked in compliance with the federal 150
guidelines set forth in 27 CFR 478.124. 151
(d) A federally licensed firearms dealer or other 152
federal licensee that engraves, casts, stamps or otherwise 153
conspicuously and permanently places a unique serial number 154
pursuant to this subsection must review and confirm the validity 155
of the owner's identification before returning the firearm to the 156
owner. 157
(7) In order to educate the public, the Commissioner of 158
Public Safety shall issue a public notice regarding the provisions 159
of this section. The notice must be posted on the Department of 160
Public Safety website and may be provided by written notification 161
or other means of communication statewide to all Mississippi-based 162
federal firearms manufacturers, federal firearms dealers or other 163
federal licensees authorized to provide marking services in 164
compliance with the serialization process in subsection (6). 165
(8) This section does not apply to an unserialized 166
unfinished frame or receiver or an unserialized firearm that: 167
(a) Has been rendered permanently inoperable; 168
(b) Is an antique firearm, as defined in 18 USC 169
921(a)(16); 170
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(c) Was manufactured before October 22, 1968; 171
(d) Is an unfinished frame or receiver and is possessed 172
by a bona fide supplier exclusively for transfer to a federal 173
firearms manufacturer or federal firearms importer, or is 174
possessed by a federal firearms manufacturer or federal firearms 175
importer in compliance with all federal laws and regulations 176
regulating the manufacture and import of firearms, except that 177
this exemption does not apply if an unfinished frame or receiver 178
is possessed for transfer or is transferred to a person other than 179
a federal firearms manufacturer or federal firearms importer; or 180
(e) Is possessed by a person who received the 181
unserialized unfinished frame or receiver or unserialized firearm 182
through inheritance and who is not prohibited otherwise from 183
possessing the unserialized unfinished frame or receiver or 184
unserialized firearm, for a period not exceeding thirty (30) days 185
after inheriting the unserialized unfinished frame or receiver or 186
unserialized firearm. 187
(9) (a) A person who violates subsection (2) of this 188
section is guilty of a felony and upon conviction, must be 189
punished by a fine not to exceed Twenty-five Thousand Dollars 190
($25,000.00) or commitment to the custody of the Department of 191
Corrections for not less than one (1) year nor more than three (3) 192
years, or both. 193
(b) A person who commits a second or subsequent 194
violation of subsection (2) of this section is guilty of a felony 195
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ST: Unserialized firearms ("ghost guns");
create crime of possession of.
and upon conviction, must be punished by a fine not to exceed 196
Twenty-five Thousand Dollars ($25,000.00) or commitment to the 197
custody of the Mississippi Department of Corrections for not less 198
than three (3) years nor more than seven (7) years, or both. 199
(c) A person who violates subsection (3) or (4) of this 200
section is guilty of a misdemeanor and upon conviction, must be 201
punished by a fine not to exceed Two Thousand Five Hundred Dollars 202
($2,500.00) or confinement in the county jail not to exceed one 203
(1) year, or both. 204
(d) A person who commits a second or subsequent 205
violation of subsection (3) or (4) of this section is guilty of a 206
felony and upon conviction, must be punished by a fine not to 207
exceed Twenty-five Thousand Dollars ($25,000.00) or commitment to 208
the custody of the Mississippi Department of Corrections for not 209
less than five (5) years nor more than ten (10) years, or both. 210
SECTION 2. This act shall take effect and be in force from 211
and after July 1, 2026. 212