I 

118TH CONGRESS 

1ST SESSION H. R. 5460 

To direct the Department of Homeland Security to bolster security against 

threats posed by ghost guns, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2023 

Mr. THOMPSON of Mississippi (for himself, Ms. JACKSON LEE, Mr. THOMPSON of California, Ms. CLARKE of New York, Mr. PAYNE, Ms. TITUS, 

Mr. SWALWELL, Mrs. WATSON COLEMAN, Mr. CORREA, Mr. CARTER of 

Louisiana, Mr. THANEDAR, Mr. MAGAZINER, Mr. IVEY, Mr. GOLDMAN of 

New York, Mr. ROBERT GARCIA of California, Mrs. RAMIREZ, and Mr. 

MENENDEZ) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Department of Homeland Security to bolster 

security against threats posed by ghost guns, 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 ‘‘Bolstering Security 

5 Against Ghost Guns Act’’. 


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1 SEC. 2. DEPARTMENT OF HOMELAND SECURITY POLICY TO 

2 BOLSTER SECURITY AGAINST THREATS 

3 POSED BY GHOST GUNS. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of the enactment of this Act, the Secretary of Home6 land Security, acting through the Under Secretary for 

7 Strategy, Policy, and Plans of the Department of Home8 land Security, shall issue a Department-wide strategy to 

9 bolster security against threats posed by ghost guns. Such 

10 strategy shall— 

11 (1) identify activities across the Department re12 lated to ghost guns and approaches to enhance 

13 cross-component information sharing and collabora14 tion to improve prevention, preparedness, and re15 sponse to homeland security threats, such as an act 

16 of terrorism or targeted violence, associated with 

17 ghost guns; and 

18 (2) identify activities with Federal, State, local, 

19 Tribal, and territorial partners related to ghost guns 

20 and approaches to enhance the Department’s col21 laboration with such partners to improve prevention, 

22 preparedness, and response to homeland security 

23 threats, such as an act of terrorism or targeted vio24 lence, associated with ghost guns. 

25 (b) OFFICE OF INTELLIGENCE AND ANALYSIS AC26 TIVITIES.— 


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1 (1) USE IN TERRORIST ACTIVITY.—Section 

2 5716 of the National Defense Authorization Act for 

3 Fiscal Year 2020 (Public Law 116–92) is amend4 ed— 

5 (A) by amending subsection (a) to read as 

6 follows: 

7 ‘‘(a) REPORTS.—Not later than 180 days after the 

8 date of the enactment of this subsection and annually 

9 thereafter, the Under Secretary for Intelligence and Anal10 ysis of the Department of Homeland Security, in consulta11 tion with the Director of the Federal Bureau of Investiga12 tion, shall develop and submit to the entities in accordance 

13 with subsection (b) a report assessing homeland security 

14 threats of ghost guns and unfinished frames and receivers 

15 associated with a foreign terrorist organization or other 

16 individual in furtherance of an act of terrorism or targeted 

17 violence. Each report shall— 

18 ‘‘(1) assess the range of sources for acquiring, 

19 manufacturing, and trafficking ghost guns and un20 finished frames and receivers; 

21 ‘‘(2) identify each type of homeland security 

22 threat associated with ghost guns and unfinished 

23 frames and receivers; and 


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1 ‘‘(3) specify the level of threat associated with 

2 each threat identified pursuant to paragraph (2).’’; 

3 and 

4 (B) by amending subsection (c) to read as 

5 follows: 

6 ‘‘(c) DEFINITIONS.—In this section: 

7 ‘‘(1) ACT OF TERRORISM.—The term ‘act of 

8 terrorism’ has the meaning given such term in sec9 tion 3077 of title 18, United States Code. 

10 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘appropriate congressional com12 mittees’ means— 

13 ‘‘(A) the Permanent Select Committee on 

14 Intelligence, the Committee on Homeland Secu15 rity, and the Committee on the Judiciary of the 

16 House of Representatives; and 

17 ‘‘(B) the Select Committee on Intelligence, 

18 the Committee on Homeland Security and Gov19 ernmental Affairs, and the Committee on the 

20 Judiciary of the Senate. 

21 ‘‘(3) DOMESTIC TERRORISM.—The term ‘do22 mestic terrorism’ has the meaning given that term 

23 in section 2331 of title 18, United States Code. 

24 ‘‘(4) FOREIGN TERRORIST ORGANIZATION.— 

25 The term ‘foreign terrorist organization’ means an 


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1 organization designated as a foreign terrorist organi2 zation under section 219 of the Immigration and 

3 Nationality Act (8 U.S.C. 1189). 

4 ‘‘(5) GHOST GUN.—The term ‘ghost gun’— 

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

6 or receiver, that is privately made or which 

7 lacks a unique serial number engraved or cast 

8 by a licensed gunsmith, manufacturer, or im9 porter, or was removed, obliterated, or altered 

10 in accordance with chapter 44 of title 18, 

11 United States Code; and 

12 ‘‘(B) does not include— 

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

14 permanently inoperable; 

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

16 a unique serial number assigned by a State 

17 agency and engraved or cast on the fire18 arm before the effective date of this Act in 

19 accordance with a State law; 

20 ‘‘(iii) a firearm manufactured or im21 ported before December 16, 1968, or un22 less the Attorney General has provided 

23 otherwise by regulation with respect to the 

24 specific make and model of firearm on or 

25 before January 1, 2024; or 


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1 ‘‘(iv) a firearm identified as provided 

2 for under section 5842 of the Internal Rev3 enue Code of 1986. 

4 ‘‘(6) TARGETED VIOLENCE.—The term ‘tar5 geted violence’ has the meaning given such term in 

6 section 6418 of the National Defense Authorization 

7 Act for Fiscal Year 2022 (6 U.S.C. 124h–1). 

8 ‘‘(7) UNFINISHED FRAME OR RECEIVER.—The 

9 term ‘unfinished frame or receiver’ means— 

10 ‘‘(A) a forged, cast, printed, extruded, or 

11 machined body or similar article that is de12 signed to, or may readily be completed, assem13 bled, or otherwise converted to, provide the 

14 housing or structure, without regard to whether 

15 such housing or structure has been indexed, 

16 drilled, or machined in any way, and without 

17 regard to whether such body or article is sold, 

18 distributed, or marketed with or for any associ19 ated template, jig, mold, equipment, tool, in20 structions, or guide; and 

21 ‘‘(B) an object that is marketed or sold to 

22 become or be used as the frame or receiver of 

23 a functional firearm once completed, assembled, 

24 or converted.’’. 


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1 (2) CROSS-BORDER THREATS.—Not later than 

2 180 days after the date of the enactment of this Act, 

3 the Under Secretary for Intelligence and Analysis of 

4 the Department of Homeland Security, in coordina5 tion with the Commissioner of U.S. Customs and 

6 Border Protection, the Director of U.S. Immigration 

7 and Customs Enforcement, and the heads of other 

8 appropriate Federal partners, shall develop and dis9 seminate a homeland security threat assessment re10 garding cross-border threats associated with United 

11 States-sourced ghost guns and unfinished frames 

12 and receivers, with special attention to ghost guns 

13 and unfinished frames and receivers used by 

14 transnational criminal organizations involved in il15 licit activity that pose a threat to the border. 

16 (c) UNITED STATES SECRET SERVICE ACTIVITIES.— 

17 Not later than one year after the date of the enactment 

18 of this Act, the Director of the United States Secret Serv19 ice, acting through the Chief of the National Threat As20 sessment Center, in coordination with appropriate Federal 

21 partners, shall carry out research and issue public reports 

22 that provide guidance on how to prevent, prepare for, and 

23 respond to homeland security threats, such as an act of 

24 terrorism or targeted violence, associated with ghost guns. 


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1 (d) TRANSPORTATION SECURITY ADMINISTRATION

2 ACTIVITIES.—Not later than one year after the date of 

3 the enactment of this Act and annually thereafter, the Ad4 ministrator of the Transportation Security Administration 

5 shall report to the Committee on Homeland Security of 

6 the House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate regard8 ing the number of violations of subsection (a) of section 

9 1540.111 of title 49, Code of Federal Regulations, and 

10 any other incidents involving the unauthorized carriage of 

11 a firearm at a passenger screening checkpoint, including 

12 information regarding which such violations and incidents 

13 during the period of time covered by each such report were 

14 committed by individuals while receiving expedited screen15 ing, which were repeat offenses, and which involved a 

16 ghost gun. Such reporting shall also include information 

17 regarding trends in the rates of violations and incidents 

18 on a per passenger basis, as well as a description of Trans19 portation Security Administration efforts during the pe20 riod of time covered by each such report to increase public 

21 awareness of the prohibition of unauthorized carriage of 

22 a firearm at a passenger screening checkpoint. 

23 (e) U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

24 ACTIVITIES.—Not later than one year after the date of 

25 the enactment of this Act, the Director of U.S. ImmigraVerDate Sep 11 2014 22:27 Oct 04, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5460.IH H5460

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1 tion and Customs Enforcement, acting through the Execu2 tive Associate Director of Homeland Security Investiga3 tions, shall, in coordination with the Commissioner of U.S. 

4 Customs and Border Protection and appropriate Federal 

5 partners— 

6 (1) prepare an analysis that includes data from 

7 Bureau of Alcohol, Tobacco, Firearms and Explo8 sives and other Federal partners regarding home9 land security threats, including border security 

10 threats, and cross-border illicit smuggling trends and 

11 patterns associated with United States-sourced fire12 arms, including ghost guns, recovered in Mexico; 

13 (2) research and develop a mechanism to share 

14 aggregated Federal information regarding United 

15 States-sourced firearms, including ghost guns, recov16 ered in Mexico in support of carrying out subsection 

17 (a); and 

18 (3) develop performance measures to assess the 

19 effectiveness of U.S. Immigration and Customs En20 forcement activities aimed at combatting homeland 

21 security threats, including border security threats, 

22 and illicit cross-border activities involving United 

23 States-sourced firearms, including ghost guns. 

24 (f) DEFINITIONS.—In this section: 


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1 (1) ACT OF TERRORISM.—The term ‘‘act of ter2 rorism’’ has the meaning given such term in section 

3 3077 of title 18, United States Code. 

4 (2) FIRE CONTROL COMPONENT.—The term 

5 ‘‘fire control component’’ means a component nec6 essary for a firearm to initiate or complete the firing 

7 sequence, including a hammer, bolt or breechblock, 

8 cylinder, trigger mechanism, firing pin, striker, and 

9 slide rails. 

10 (3) FOREIGN TERRORIST ORGANIZATION.—The 

11 term ‘‘foreign terrorist organization’’ means an or12 ganization designated as a foreign terrorist organiza13 tion under section 219 of the Immigration and Na14 tionality Act (8 U.S.C. 1189). 

15 (4) GHOST GUN.—The term ‘‘ghost gun’’— 

16 (A) means a firearm, including a frame or 

17 receiver, that is privately made or which lacks 

18 a unique serial number engraved or cast by a 

19 licensed gunsmith, manufacturer, or importer, 

20 or was removed, obliterated, or altered in ac21 cordance with chapter 44 of title 18, United 

22 States Code; and 

23 (B) does not include— 

24 (i) a firearm that has been rendered 

25 permanently inoperable; 


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1 (ii) a firearm identified by means of a 

2 unique serial number assigned by a State 

3 agency and engraved or cast on the fire4 arm before the effective date of this Act in 

5 accordance with a State law; 

6 (iii) a firearm manufactured or im7 ported before December 16, 1968, or un8 less the Attorney General has provided 

9 otherwise by regulation with respect to the 

10 specific make and model of firearm on or 

11 before January 1, 2024; or 

12 (iv) a firearm identified as provided 

13 for under section 5842 of the Internal Rev14 enue Code of 1986. 

15 (5) TARGETED VIOLENCE.—The term ‘‘targeted 

16 violence’’ has the meaning given such term in section 

17 6418 of the National Defense Authorization Act for 

18 Fiscal Year 2022 (6 U.S.C. 124h–1). 

19 (6) UNFINISHED FRAME OR RECEIVER.—The 

20 term ‘‘unfinished frame or receiver’’ means— 

21 (A) a forged, cast, printed, extruded, or 

22 machined body or similar article that is de23 signed to, or may readily be completed, assem24 bled, or otherwise converted to, provide the 

25 housing or structure, without regard to whether 


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1 such housing or structure has been indexed, 

2 drilled, or machined in any way, and without 

3 regard to whether such body or article is sold, 

4 distributed, or marketed with or for any associ5 ated template, jig, mold, equipment, tool, in6 structions, or guide; and 

7 (B) an object that is marketed or sold to 

8 become or be used as the frame or receiver of 

9 a functional firearm once completed, assembled, 

10 or converted. 

Æ 


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