Bolstering Security Against Ghost Guns Act
- Sponsor
- Rep. Thompson, Bennie G. [D-MS-2]
- Committees
- Homeland Security Committee (primary)
- Last action
- Apr 7, 2025
Bottom line
The bill mandates a significant expansion of DHS's focus and activities to address the perceived homeland security threats associated with untraceable ghost guns through strategy development, intelligence gathering, and inter-agency coordination.
What it actually does
This bill directs the Department of Homeland Security (DHS) to develop a comprehensive strategy to counter threats posed by 'ghost guns,' which are untraceable, privately made firearms. It mandates various DHS components, including Intelligence and Analysis, the Secret Service, TSA, and ICE, to conduct threat assessments, research, and reporting specifically related to ghost guns, focusing on cross-border threats, targeted violence, and transportation security. The bill also requires the establishment of mechanisms for information sharing among federal and state partners.
Proponents argue
Proponents argue that ghost guns pose a rapidly growing and severe threat to homeland security, enabling criminals and terrorists to acquire untraceable firearms that bypass existing background check laws. They contend that this bill is a crucial step to equip DHS and its partners with the necessary tools and intelligence to prevent acts of terrorism and targeted violence, enhance border security, and improve public safety by closing a dangerous loophole in firearm regulation.
Opponents contend
Opponents contend that this bill represents an overreach of federal authority, particularly by involving the Department of Homeland Security in domestic firearm regulation. They argue that existing laws are sufficient to address criminal misuse of firearms and that defining and regulating 'ghost guns' infringes upon the Second Amendment rights of law-abiding citizens who wish to privately manufacture firearms for personal use. Critics also suggest that the bill's mandates could lead to unnecessary surveillance and resource diversion without effectively addressing underlying crime issues.
The bill is relatively short and clearly structured, making it accessible for an informed reader to understand its core provisions within a short timeframe.
Section 2(a), adding Section 890E(a) to the Homeland Security Act of 2002
DHS Department-Wide Strategy on Ghost Guns
This provision directs the Secretary of Homeland Security, through the Under Secretary for Strategy, Policy, and Plans, to develop a department-wide strategy within one year. This strategy aims to bolster security against threats from ghost guns, improving prevention, preparedness, and response to homeland security threats like terrorism or targeted violence. It requires identifying activities across DHS components and with federal, state, local, Tribal, and territorial partners to enhance information sharing and collaboration.
Supporters argue
Supporters argue that a unified, department-wide strategy is essential for DHS to effectively address the multifaceted and evolving threat posed by ghost guns, ensuring a coordinated and comprehensive response across all relevant agencies and partners.
Critics contend
Opponents may argue that this provision creates an unnecessary bureaucratic layer and expands DHS's mandate into areas traditionally handled by other law enforcement agencies, potentially leading to duplication of effort or mission creep.
Tradeoffs
The provision balances the need for a coordinated federal response to emerging threats with concerns about potential overreach or inefficient resource allocation within a large agency like DHS.
Section 2(b), adding Section 890E(b) to the Homeland Security Act of 2002
Cross-Border Threat Assessment by DHS Intelligence and Analysis
This section requires the Under Secretary for Intelligence and Analysis (I&A) of DHS, in coordination with U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and other federal partners, to develop and disseminate a homeland security threat assessment within 180 days. This assessment will focus on cross-border threats associated with U.S.-sourced ghost guns and partially complete frames and receivers, with particular attention to their use by transnational criminal organizations involved in illicit activities that threaten border security.
Section 2(c), adding Section 890E(c) to the Homeland Security Act of 2002
U.S. Secret Service Research and Public Reports
This provision directs the Director of the U.S. Secret Service, through the Chief of the National Threat Assessment Center, to conduct research and issue public reports within one year. These reports will provide guidance on how to prevent, prepare for, and respond to homeland security threats, such as acts of terrorism or targeted violence, associated with ghost guns. This is to be done in coordination with appropriate federal partners.
Section 2(d), adding Section 890E(d) to the Homeland Security Act of 2002
TSA Reporting on Firearm Violations, Including Ghost Guns
This provision requires the Administrator of the Transportation Security Administration (TSA) to report annually to specific Congressional committees. The report must detail the number of violations for unauthorized firearm carriage at passenger screening checkpoints, including incidents involving ghost guns, repeat offenses, and those committed by individuals receiving expedited screening. It also requires information on trends in violation rates and TSA's efforts to increase public awareness of firearm prohibitions.
Section 2(e), adding Section 890E(e) to the Homeland Security Act of 2002
U.S. Immigration and Customs Enforcement (ICE) Activities on Cross-Border Firearm Smuggling
This provision directs the Director of U.S. Immigration and Customs Enforcement (ICE), through Homeland Security Investigations (HSI), to undertake several activities within one year, in coordination with CBP and other federal partners. These include preparing an analysis of homeland and border security threats and smuggling trends of U.S.-sourced firearms (including ghost guns) recovered in Mexico, developing a mechanism to share aggregated federal information on these recovered firearms, and establishing performance measures for ICE activities combatting these threats.
Section 2(f), adding Section 890E(f) to the Homeland Security Act of 2002
Office of Intelligence and Analysis (I&A) Annual Threat Reports
This provision mandates the Under Secretary for Intelligence and Analysis (I&A) of DHS, in consultation with the FBI Director, to develop an annual report assessing homeland security threats posed by ghost guns and partially complete frames/receivers associated with foreign terrorist organizations or acts of terrorism/targeted violence. The report must assess acquisition, manufacturing, and trafficking sources, identify threat types, and specify threat levels. The initial report is to be disseminated to federal, state, local, Tribal, and territorial law enforcement, including fusion centers, and all reports must be submitted to appropriate congressional committees.
The bill defines 'ghost gun' by referencing the term 'privately made firearm' in section 478.11 of title 27, Code of Federal Regulations, and 'partially complete frame or receiver' by referencing section 478.12(c) of title 27, Code of Federal Regulations.
Section 2(g), adding Section 890E(g)(6) and (8) to the Homeland Security Act of 2002
Why it matters:Referencing existing regulations is standard legislative practice to ensure consistency with current administrative law and avoid redundancy. However, it requires a reader to consult external documents to fully grasp the scope of the terms.
Case for: Supporters argue that using established regulatory definitions ensures legal consistency and leverages existing expertise from agencies like the ATF, providing clarity for enforcement and implementation without reinventing the wheel.
Case against: Critics might argue that relying on complex regulatory definitions makes the bill less transparent and accessible to the public, potentially obscuring the full scope of what is being regulated without direct legislative debate on those specific definitions.
Estimated impact: This impacts the legal scope of all activities mandated by the bill, determining precisely which types of firearms and components fall under the DHS's new directives.