I 

118TH CONGRESS 

1ST SESSION H. R. 4992 

To amend chapter 44 of title 18, United States Code, to ensure that all 

firearms are traceable, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Mr. ESPAILLAT (for himself, Ms. DEAN of Pennsylvania, Mr. SCHNEIDER, and 

Mr. THOMPSON of California) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend chapter 44 of title 18, United States Code, to 

ensure that all firearms are traceable, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ghost Guns and 

5 Untraceable Firearms Act of 2023’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) irrespective of the enactment of this Act, 

9 the Bureau of Alcohol, Tobacco, Firearms, and ExVerDate Sep 11 2014 03:39 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4992.IH H4992

kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 4992 IH

1 plosives has the authority to regulate ghost guns (as 

2 defined in section 921(a) of title 18, United States 

3 Code, as amended by section 3 of this Act) and un4 finished frames and receivers; and 

5 (2) the purpose of this Act is to clarify and 

6 strengthen such authority. 

7 SEC. 3. REQUIREMENT THAT ALL FIREARMS BE TRACE8 ABLE. 

9 (a) DEFINITIONS.—Section 921(a) of title 18, United 

10 States Code, is amended— 

11 (1) in paragraph (10), by adding at the end the 

12 following: ‘‘The term ‘manufacturing firearms’ shall 

13 include assembling a functional firearm or molding, 

14 machining, or 3D printing a frame or receiver, and 

15 shall not include making or fitting special barrels, 

16 stocks, or trigger mechanisms to firearms.’’; 

17 (2) by inserting after paragraph (30) the fol18 lowing: 

19 ‘‘(31)(A) The term ‘frame or receiver’— 

20 ‘‘(i) means a part of a weapon that pro21 vides or is intended to provide the housing or 

22 structure to hold or integrate 1 or more fire 

23 control components, without regard to whether 

24 pins or other attachments are required to conVerDate Sep 11 2014 03:39 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4992.IH H4992

kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 4992 IH

1 nect those components to the housing or struc2 ture; and 

3 ‘‘(ii) includes— 

4 ‘‘(I) a forged, cast, printed, extruded, 

5 or machined body or similar article that is 

6 designed to, or may readily be completed, 

7 assembled, or otherwise converted to, pro8 vide the housing or structure, without re9 gard to whether the housing or structure 

10 has been indexed, drilled, or machined in 

11 any way, and without regard to whether 

12 the article is sold, distributed, or marketed 

13 with or for any associated template, jig, 

14 mold, equipment, tool, instructions, or 

15 guide; and 

16 ‘‘(II) an object that is marketed or 

17 sold to become or be used as the frame or 

18 receiver of a functional firearm once com19 pleted, assembled, or converted. 

20 ‘‘(B) For purposes of subparagraph (A)(i), if a 

21 weapon has more than 1 part that provides the 

22 housing or a structure designed to hold or integrate 

23 1 or more fire control or essential components, each 

24 such part shall be considered a frame or receiver, 

25 unless the Attorney General has provided otherwise 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 4992 IH

1 by regulation with respect to the specific make and 

2 model of weapon on or before January 1, 2024.’’; 

3 and 

4 (3) by adding at the end the following: 

5 ‘‘(38) The term ‘ghost gun’— 

6 ‘‘(A) means a firearm, including a frame 

7 or receiver, that lacks a unique serial number 

8 engraved or cast on the frame or receiver by a 

9 licensed manufacturer or importer in accord10 ance with this chapter; and 

11 ‘‘(B) does not include— 

12 ‘‘(i) a firearm that has been rendered 

13 permanently inoperable; 

14 ‘‘(ii) a firearm identified by means of 

15 a unique serial number assigned by a State 

16 agency and engraved or cast on the frame 

17 or receiver of the weapon before the effec18 tive date of the Ghost Guns and 

19 Untraceable Firearms Act of 2023 in ac20 cordance with a State law; 

21 ‘‘(iii) a firearm manufactured or im22 ported before December 16, 1968; or 

23 ‘‘(iv) a firearm identified as provided 

24 for under section 5842 of the Internal Rev25 enue Code of 1986. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 4992 IH

1 ‘‘(39) The term ‘fire control component’— 

2 ‘‘(A) means a component necessary for the 

3 firearm to initiate or complete the firing se4 quence; and 

5 ‘‘(B) includes a hammer, bolt or breech6 block, cylinder, trigger mechanism, firing pin, 

7 striker, and slide rails.’’. 

8 (b) PROHIBITION; REQUIREMENTS.—Section 922 of 

9 title 18, United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘(aa)(1) Congress finds and declares the following: 

12 ‘‘(A) Firearms tracing is the systematic track13 ing of the movement of a firearm recovered by law 

14 enforcement officials from the first sale of a firearm 

15 by the manufacturer or importer through the dis16 tribution chain (including the wholesaler and re17 tailer) to the first retail purchaser. 

18 ‘‘(B) Law enforcement agencies across the 

19 country work with the Bureau of Alcohol, Tobacco, 

20 Firearms, and Explosives to trace firearms and 

21 thereby obtain investigative leads in the fight 

22 against violent crime and terrorism. 

23 ‘‘(C) The ability of law enforcement agencies to 

24 trace a firearm is dependent on the serial number or 

25 other marks on the firearm that identify the manuVerDate Sep 11 2014 03:39 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4992.IH H4992

kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 4992 IH

1 facturer or importer who manufactured or imported 

2 the firearm and that are unique to the firearm. 

3 ‘‘(D) Interstate gun trafficking interferes with 

4 lawful commerce in firearms and significantly con5 tributes to gun crime. Of the 361,587 firearms 

6 traced by the Bureau of Alcohol, Tobacco, Firearms, 

7 and Explosives in 2021, 99,172 of those firearms 

8 were originally sold by a licensed firearms dealer in 

9 a State other than the State where the firearms 

10 were recovered. These guns made up 27.4 percent of 

11 all firearm recoveries in 2021. 

12 ‘‘(E) Even before the sale of a firearm, the gun, 

13 its component parts, and the raw materials from 

14 which they are made have considerably moved in 

15 interstate commerce. 

16 ‘‘(F) If unserialized and untraceable firearms 

17 may be constructed and transported freely from 

18 State to State, ordinary citizens and foreign visitors 

19 may fear to travel to or through certain parts of the 

20 country due to concern about violent crime and gun 

21 violence, and law enforcement agencies may be un22 able to address it. 

23 ‘‘(2)(A) Except as provided in subparagraph (B), it 

24 shall be unlawful for any person to manufacture, sell, offer 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 4992 IH

1 to sell, transfer, purchase, or receive a ghost gun in or 

2 affecting interstate or foreign commerce. 

3 ‘‘(B) Subparagraph (A) shall not apply to— 

4 ‘‘(i) the manufacture of a firearm by a licensed 

5 manufacturer if the licensed manufacturer complies 

6 with section 923(i) before selling or transferring the 

7 firearm to another person; 

8 ‘‘(ii) the offer to sell, sale, or transfer of a 

9 ghost gun to, or purchase or receipt of a ghost gun 

10 by, a licensed dealer, licensed manufacturer, or li11 censed importer before the date that is 1 year after 

12 the date of enactment of the Ghost Guns and 

13 Untraceable Firearms Act of 2023; or 

14 ‘‘(iii) transactions between licensed manufactur15 ers and importers on any date. 

16 ‘‘(3) It shall be unlawful for a person other than a 

17 licensed manufacturer or importer to engrave or cast a 

18 serial number on a firearm in or affecting interstate or 

19 foreign commerce unless specifically authorized by the At20 torney General. 

21 ‘‘(4) Beginning on the date that is 1 year after the 

22 date of enactment of the Ghost Guns and Untraceable 

23 Firearms Act of 2023, it shall be unlawful for any person 

24 other than a licensed manufacturer or importer in the conVerDate Sep 11 2014 03:39 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4992.IH H4992

kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 4992 IH

1 duct of their business to knowingly possess a ghost gun 

2 in or affecting interstate or foreign commerce. 

3 ‘‘(5) Beginning on the date that is 1 year after the 

4 date of enactment of the Ghost Guns and Untraceable 

5 Firearms Act of 2023, it shall be unlawful for any person 

6 other than a licensed manufacturer or importer to possess 

7 a ghost gun in or affecting interstate or foreign commerce 

8 with the intent to sell or transfer the ghost gun with or 

9 without further manufacturing or to manufacture a fire10 arm with the ghost gun. 

11 ‘‘(6)(A) It shall be unlawful for any person to sell, 

12 offer to sell, or transfer, in or affecting interstate or for13 eign commerce, to any person other than a licensed manu14 facturer a machine that has the sole or primary function 

15 of manufacturing firearms. 

16 ‘‘(B) Except as provided in subparagraph (D), begin17 ning on the date of the enactment of the Ghost Guns and 

18 Untraceable Firearms Act of 2023, it shall be unlawful 

19 for any person other than a licensed manufacturer to pur20 chase or receive, in or affecting interstate or foreign com21 merce, a machine that has the sole or primary function 

22 of manufacturing firearms. 

23 ‘‘(C) Except as provided in subparagraph (D), begin24 ning on the date that is 180 days after the date of the 

25 enactment of the Ghost Guns and Untraceable Firearms 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 4992 IH

1 Act of 2023, it shall be unlawful for any person other than 

2 a licensed manufacturer to possess, in or affecting inter3 state or foreign commerce, a machine that has the sole 

4 or primary function of manufacturing firearms. 

5 ‘‘(D) Subparagraphs (B) and (C) shall not apply to 

6 a person who is engaged in the business of selling manu7 facturing equipment to a licensed manufacturer who pos8 sesses a machine that has the sole or primary function 

9 of manufacturing firearms with the intent to sell or trans10 fer the machine to a licensed manufacturer.’’. 

11 (c) REQUIREMENTS.— 

12 (1) REMOVAL OF SERIAL NUMBERS.—Section 

13 922(k) of title 18, United States Code, is amend14 ed— 

15 (A) by striking ‘‘importer’s or manufactur16 er’s’’ each place it appears; and 

17 (B) by inserting ‘‘required by this chapter 

18 or under State law’’ before ‘‘removed’’ each 

19 place it appears. 

20 (2) LICENSED IMPORTERS AND MANUFACTUR21 ERS.—Section 923(i) of title 18, United States 

22 Code, is amended— 

23 (A) by inserting ‘‘(1)’’ before ‘‘Licensed’’; 

24 and 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 4992 IH

1 (B) by adding at the end the following: 

2 ‘‘The serial number shall be engraved or cast 

3 on the frame or receiver in a manner sufficient 

4 to identify the firearm and the manufacturer or 

5 importer that put the serial number on the fire6 arm. 

7 ‘‘(2) Not later than 180 days after the date of 

8 enactment of the Ghost Guns and Untraceable Fire9 arms Act of 2023, the Attorney General shall update 

10 the regulations for engraving a unique serial number 

11 onto a ghost gun so that, after the date that is 1 

12 year after such date of enactment, a licensed dealer 

13 or gunsmith shall no longer have the authority to 

14 engrave a serial number onto a ghost gun.’’. 

15 (d) PENALTIES.—Section 924 of title 18, United 

16 States Code, is amended— 

17 (1) in subsection (a)(1)(B), by striking ‘‘or (q)’’ 

18 and inserting ‘‘(q), (aa)(2), (aa)(3), (aa)(5), or 

19 (aa)(6)’’; 

20 (2) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (A), in the matter 

23 preceding clause (i), by inserting ‘‘func24 tional’’ before ‘‘firearm’’ each place it ap25 pears; 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 4992 IH

1 (ii) in subparagraph (B), in the mat2 ter preceding clause (i), by inserting ‘‘func3 tional’’ before ‘‘firearm’’; and 

4 (iii) in subparagraph (D)(ii), by in5 serting ‘‘functional’’ before ‘‘firearm’’; and 

6 (B) in paragraph (4), by striking ‘‘all or 

7 part of the firearm’’ and all that follows 

8 through ‘‘person.’’ and inserting the following: 

9 ‘‘all or part of the functional firearm, or other10 wise make the presence of the functional fire11 arm known to another person, in order to in12 timidate that person, regardless of whether the 

13 functional firearm is directly visible to that per14 son.’’; 

15 (3) in subsection (d)(1), by striking ‘‘or (k)’’ 

16 and inserting ‘‘(k), (aa)(2), (aa)(3), (aa)(5), or 

17 (aa)(6)’’; 

18 (4) in subsection (e)(1), by inserting ‘‘through 

19 the possession of a functional firearm’’ before ‘‘and 

20 has three’’; and 

21 (5) by adding at the end the following: 

22 ‘‘(q) A person who violates section 922(aa)(4) shall— 

23 ‘‘(1) in the case of the first violation by the per24 son, be fined under this title, imprisoned not more 

25 than 1 year, or both; or 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 4992 IH

1 ‘‘(2) in the case of any subsequent violation by 

2 the person, be fined under this title, imprisoned not 

3 more than 5 years, or both.’’. 

4 SEC. 4. MODERNIZATION OF THE PROHIBITION ON 

5 UNDETECTABLE FIREARMS. 

6 Section 922(p) of title 18, United States Code, is 

7 amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘any firearm’’; 

11 (B) by amending subparagraph (A) to read 

12 as follows: 

13 ‘‘(A) an undetectable firearm; or’’; and 

14 (C) in subparagraph (B), by striking ‘‘any 

15 major component of which, when subjected to 

16 inspection by the types of x-ray machines com17 monly used at airports, does not generate’’ and 

18 inserting the following: ‘‘a major component of 

19 a firearm which, if subjected to inspection by 

20 the types of detection devices commonly used at 

21 airports for security screening, would not gen22 erate’’; 

23 (2) in paragraph (2)— 

24 (A) by amending subparagraph (A) to read 

25 as follows: 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 4992 IH

1 ‘‘(A) the term ‘undetectable firearm’ 

2 means a firearm, as defined in section 

3 921(a)(3)(A), of which no major component is 

4 wholly made of detectable material;’’; 

5 (B) by striking subparagraph (B) and in6 serting the following: 

7 ‘‘(B) the term ‘major component’, with re8 spect to a firearm— 

9 ‘‘(i) means the slide or cylinder or the 

10 frame or receiver of the firearm; and 

11 ‘‘(ii) in the case of a rifle or shotgun, 

12 includes the barrel of the firearm; and’’; 

13 and 

14 (C) by striking subparagraph (C) and all 

15 that follows through the end of the undesig16 nated matter following subparagraph (C) and 

17 inserting the following: 

18 ‘‘(C) the term ‘detectable material’ means 

19 any material that creates a magnetic field 

20 equivalent to or more than 3.7 ounces of 17– 

21 4 pH stainless steel.’’; 

22 (3) in paragraph (3)— 

23 (A) in the first sentence, by inserting ‘‘, in24 cluding a prototype,’’ after ‘‘of a firearm’’; and 

25 (B) by striking the second sentence; and 


kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 4992 IH

1 (4) in paragraph (5), by striking ‘‘shall not 

2 apply to any firearm which’’ and all that follows and 

3 inserting the following: ‘‘shall not apply to— 

4 ‘‘(A) any firearm received by, in the pos5 session of, or under the control of the United 

6 States; or 

7 ‘‘(B) the manufacture, importation, posses8 sion, transfer, receipt, shipment, or delivery of 

9 a firearm by a licensed manufacturer or li10 censed importer pursuant to a contract with the 

11 United States.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS