NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is undetectable firearm charges
|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. If you’re reading this article, you already know federal gun charges destroy lives. One conviction ends your right to own firearms, your career prospects, sometimes your freedom for years. We’ve handled cases others said were unwinnable – including representing Anna Delvey in the Netflix series case, the Ghislaine Maxwell juror misconduct matter, and the Alec Baldwin stalking prosecution. Federal prosecutors treat firearms offenses seriously, that’s not changing in 2025.
This article explains what undetectable firearm charges are under federal law, why they matter more now with 3D-printed guns everywhere, what penalties you face, and the strange reality that almost nobody actually gets prosecuted under this specific statute even though it’s been law since 1988.
The Undetectable Firearms Act – What 18 USC 922(p) Actually Prohibits
Federal law makes it a crime to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm that isn’t detectable by standard airport metal detectors. That’s 18 U.S.C. § 922(p), passed in 1988 when Congress worried about plastic guns getting through security checkpoints. The law requires firearms to contain at least 3.7 ounces of steel – enough metal that walk-through detectors can pick them up.
The statute also requires that major components generate an accurate image when X-rayed by standard airport imaging equipment. You can’t have a gun that looks invisible on the security screen. President Reagan signed this into law November 10, 1988. The Undetectable Firearms Act was renewed in 2024 as part of a bipartisan spending package, it stays in effect through 2031.
Why This Matters More in 2025 Than Ever Before
3D-printed firearms changed everything. Anyone can download gun blueprints online, print firearm components at home using $200 printers, assemble working guns in their garage. These “ghost guns” often lack serial numbers, bypass background checks entirely, and depending on materials used, might not contain enough metal to trigger detection systems.
The Supreme Court ruled March 26, 2025 in Bondi v. VanDerStok that the ATF can regulate ghost gun kits and unfinished parts as actual firearms. That 7-2 decision means federal prosecutors now have expanded authority to charge people manufacturing, selling, or possessing these weapons. From 2016 through 2021, law enforcement recovered approximately 45,240 suspected privately made firearms from crime scenes, including 692 homicides or attempted homicides.
Seven states have entirely banned unserialized 3D-printed firearms. Federal law doesn’t ban 3D-printed guns outright – but if you make one that’s undetectable, if you’re a prohibited person possessing any firearm, if you don’t serialize it properly, you’re violating federal statutes that carry serious prison time.
The Penalties For Undetectable Firearms Violations
If you knowingly violate 18 U.S.C. § 922(p), federal law authorizes up to 5 years in federal prison plus fines. That’s the maximum statutory penalty. Sentencing Guidelines calculate your actual sentence based on offense conduct, criminal history, acceptance of responsibility – the usual federal sentencing factors we explain to every client facing gun charges.
Related violations carry harsher penalties. Manufacturing or transferring unserialized firearms can result in up to 10 years imprisonment. If you’re a convicted felon possessing any firearm – including an undetectable one – that’s 18 U.S.C. § 922(g) with a 10-year maximum, 15-year mandatory minimum if you have three prior violent felonies or serious drug convictions. Using a firearm during a drug trafficking crime triggers 18 U.S.C. § 924(c) mandatory minimums starting at 5 years, running consecutive to your underlying sentence.
Federal judges don’t have much discretion with mandatory minimums. You get caught with an undetectable firearm during a drug deal, prosecutors charge you with both the drug offense and 924(c), suddenly you’re looking at mandatory prison time stacking on top of each other regardless of your personal circumstances.
The Strange Enforcement Reality – Almost Nobody Gets Charged Under 922(p)
Here’s what defense attorneys know but most people don’t – despite this law existing since 1988, actual prosecutions specifically under 18 U.S.C. § 922(p) are extraordinarily rare. An Urban Institute study commissioned by the Bureau of Justice Statistics found that between 2000 and 2016, there were zero criminal cases filed in U.S. district courts where 922(p) was one of the five leading charges. Zero.
That doesn’t mean the law is meaningless. Federal prosecutors typically charge defendants under other firearms statutes that are easier to prove or carry more severe penalties. If you’re a felon caught with an undetectable 3D-printed gun, prosecutors charge you with 922(g) felon-in-possession – not 922(p) undetectable firearms. The felon-in-possession charge is simpler to prove, the penalties are often comparable or worse.
When ATF agents recover 3D-printed firearms, they usually discover them while investigating other crimes – drug trafficking, gang activity, prohibited persons illegally possessing weapons. The undetectable nature becomes one factor among many, but prosecutors build their case around charges with stronger precedent.
What Actually Triggers Federal Attention
Federal law enforcement doesn’t randomly search for undetectable firearms. They find them during investigations of other criminal activity. You get arrested on state charges, police search your residence, they discover 3D-printed firearms without serial numbers – suddenly ATF gets involved and federal prosecutors consider charges. You sell firearms online without an FFL, undercover agents make controlled buys, they test your guns and discover insufficient metal content for detection.
Airport security finds an undetectable firearm in your luggage – that triggers immediate federal investigation because you’re violating both 922(p) and TSA regulations. Federal facilities have similar enforcement – try bringing any weapon into a federal courthouse, even if it passes through metal detectors somehow, you’re getting prosecuted.
The manufacturing aspect matters too. If you’re producing undetectable firearms for sale or distribution, if ATF discovers you’re running an unlicensed gun manufacturing operation, they pursue federal charges aggressively. One person making a single 3D-printed gun for personal use rarely attracts federal attention absent other criminal conduct. Someone manufacturing dozens of ghost guns for sale crosses into federal firearms trafficking territory – that’s when prosecutions happen.
How We Handle Federal Firearms Cases
At Spodek Law Group, we understand federal firearms prosecutions destroy futures. A conviction means you can never legally possess firearms again, you face imprisonment, you lose voting rights and professional licenses. Federal prosecutors have nearly unlimited resources – ATF agents, forensic experts, ballistics testing, digital forensics on your internet history and 3D printer records.
We defend these cases by challenging every element the government must prove. Did you knowingly possess an undetectable firearm, or did someone else leave it at your property? Does the firearm actually fail the detection requirements – because if it contains sufficient metal content, 922(p) doesn’t apply. Were your Fourth Amendment rights violated during the search that discovered the weapon?
Todd Spodek is a second-generation criminal defense attorney who has handled hundreds of federal cases. Federal firearms charges feel overwhelming when you’re facing them, but outcomes depend on investigation quality, prosecutor decisions, judge assignments, defense strategy – factors experienced attorneys can influence.
If you’re under investigation for undetectable firearms violations, contact us before speaking to law enforcement. What you say during interrogation will be used to convict you. The time to protect your rights is immediately. We handle these cases nationwide, available 24/7.