NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you go to jail for homemade guns
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience handling federal firearms cases. We’ve represented clients in cases that made national headlines, like the Anna Delvey Netflix series and the Ghislaine Maxwell juror misconduct case. If you’re reading this, you’re probably worried about whether making or possessing a homemade firearm can land you in federal prison – and the answer is more complicated than you think.
Yes, you can absolutely go to jail for homemade guns. While federal law technically allows making firearms for personal use without a license, the reality is that federal prosecutors are aggressively charging people with ghost gun cases right now – and judges are handing down sentences between five and ten years in prison. The 2022 ATF rule on privately made firearms changed everything, and the Supreme Court just upheld that rule in March 2025. What used to be a gray area is now heavily prosecuted federal territory.
This article explains exactly when homemade guns cross the line into federal criminal territory, what the recent Supreme Court decision means for enforcement in 2025, and the prison sentences people are actually getting for ghost gun violations.
Federal Law Allows Personal Use – But the Exceptions Will Send You to Prison
The ATF says no license is required to make a firearm solely for personal use. That’s been the law since the Gun Control Act of 1968. You can build a gun at home for yourself without getting federal permission.
But that narrow exception gets destroyed fast. The moment you make that gun with the intent to sell it, give it away, or transfer it to anyone else – you’re required to have a Federal Firearms License. And if you don’t have that license, you’re committing a federal felony that carries up to ten years in prison. Federal prosecutors don’t need to prove you actually sold the gun, they just need to prove intent to distribute.
The personal use exception also evaporates completely if you’re a prohibited person – convicted felons, people with domestic violence convictions, drug users. If you’re in one of those categories under 18 USC 922(g), making a gun for “personal use” is still illegal possession of a firearm.
The Supreme Court Just Upheld the ATF Ghost Gun Rule
In August 2022, the ATF issued a final rule that redefined what counts as a “firearm” under federal law – and that rule survived a Supreme Court challenge in March 2025. The Court ruled 7-2 in Bondi v. VanDerStok that the ATF has the authority to regulate gun kits and unfinished frames that can be “readily converted” into working firearms.
What this means – those “Buy Build Shoot” kits that you could buy online without a background check are now treated exactly like fully assembled guns. The parts need serial numbers. Sellers need Federal Firearms Licenses. Background checks are required before purchase.
Individual makers don’t have to serialize guns they’re keeping for themselves, but the second you want to sell or give away that homemade firearm, it needs to be marked with a serial number. Skip that step and you’re in federal criminal territory. The Supreme Court just upheld this rule three months ago, which means ATF enforcement is ramping up hard in 2025.
Recent Ghost Gun Sentences Range From Five to Ten Years
Federal prosecutors are not playing around with ghost gun cases. Five to ten years in federal prison is standard for ghost gun violations – sometimes more if there are aggravating factors like machine gun conversion devices or prior felony convictions.
Look at recent cases from 2024. Marquel Payne in Indiana got seven years for 3D printing ghost guns and Glock switches. Harry Miller in Pennsylvania got ten years for manufacturing and selling “hit kits” – untraceable ghost guns packaged with silencers and ammunition. He made tens of thousands of dollars selling those kits before federal agents shut him down. Christian Ferrari got 37 months for selling 22 ghost guns to undercover agents without a license.
These aren’t isolated cases. Federal prosecutors across the country are prioritizing ghost gun prosecutions right now, and they’re getting convictions.
NFA Violations Carry Ten-Year Mandatory Minimums
Making certain types of homemade firearms puts you in an entirely different level of federal criminal exposure – National Firearms Act weapons like machine guns, short-barreled rifles, silencers, and destructive devices. These items require ATF approval before you make them, and illegal possession carries a ten-year federal mandatory minimum in many cases.
You cannot just 3D print a machine gun conversion device and think it’s legal because you made it yourself. Those Glock switches people are printing – each one is a separate federal felony. Same with homemade silencers, same with short-barreled shotguns. The NFA doesn’t care whether you bought it or built it. The sentencing stacks up fast because prosecutors charge each item separately.
State Laws Will Prosecute You Even When Federal Law Allows It
State laws on homemade firearms vary wildly, and some states will prosecute you even when you’re technically complying with federal requirements. California, Colorado, Connecticut, Delaware, Hawaii, Maryland, Nevada, New Jersey, New York, Rhode Island, Vermont, Virginia, and Washington all have specific ghost gun regulations that go beyond federal law.
California requires anyone making a firearm to apply to the state for a unique serial number before manufacturing. Colorado banned unserialized firearms completely starting January 1, 2024 – first offense is a Class 1 misdemeanor, subsequent offenses are felonies. Maryland imposes up to two years in prison and $10,000 in fines. New York handed Dexter Taylor ten years under state law for possessing homemade firearms.
You might be following every federal rule perfectly and still get arrested under state law – that’s the trap people fall into.
What to Do If You’re Already Under Investigation
If federal agents have contacted you about homemade firearms, if ATF has sent you a warning letter, if you’ve been served with a search warrant – do not talk to investigators without a lawyer. Federal agents are building a criminal case, and every word you say gives them more evidence to use against you.
People think they can explain their way out of trouble – “I only made these for personal use,” “I didn’t know I needed a license.” Those statements don’t help you. They give prosecutors evidence of knowledge and intent. Talking to federal agents without an attorney is one of the worst mistakes you can make.
At Spodek Law Group – we’ve handled federal firearms cases for clients across the country. Our managing partner Todd Spodek is a second-generation criminal defense lawyer with many, many years of experience in federal court. We understand how ATF and federal prosecutors build these cases, and we know the defenses that actually work. The cases we’re known for – cases others said were unwinnable – are exactly the type of high-stakes federal prosecutions where our experience makes the difference.
If you’re facing a federal ghost gun investigation or you’ve already been charged, contact us. We’re available 24/7, and we’ll walk you through exactly what you’re facing and what your options are. Federal firearms charges are serious – you need lawyers who’ve been in federal court handling these cases and getting results for clients.