Hawaii Rep. Jill Tokuda takes aim at 'zombie gun' loophole creating untraceable firearms

Rep. Jill Tokuda (D-Hawaii) is taking aim at closing a legal loophole that allows gun disposal companies to make a profit selling recycled gun parts on the second market, creating untraceable weapons known as ‘zombie guns.’

The congresswoman recently co-sponsored the Destroy Zombie Guns Act with fellow Democrat Rep. Maxell Frost of Florida after learning that firearms seized by law enforcement agencies are sent to companies for disposal. But for the gun to be legally considered destroyed, only one piece, like the receiver or frame, needs to be crushed. The unintended consequence allows the remaining functional parts to be legally sold as part of a build-it-yourself kit—effectively making weapon identification impossible to detect.

Speaking with USA Today, Tokuda underscored the legislation’s importance for states like Hawaii, which face challenges in disposing of these weapons due to limited resources. She highlighted Hawaii’s distinct circumstances, including its geographic isolation, and stressed the need for dedicated funding to tackle the issue effectively.

“Hawaii has very strong gun laws, as many jurisdictions do. But we don’t always have the resources and the money to be able to properly, you know, destroy these particular weapons,” Tokuda said. “That’s why we’ve made clear that a third of the funds that we hope to get from that $15 million are set aside for small rural localities.”

Rep. Tokuda outlined plans to collaborate closely with local officials and law enforcement to ensure the effective implementation of the proposed legislation in Hawaii. “I’d like to get this grant program going, and I want to garner support from the county level, right, the mayor, the council members, the folks that at the end of the day have the responsibility to do something with the fees and surrendered weapons.”

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What is a ‘zombie gun’ and why is it so controversial?

Traditional firearms are made by licensed companies and sold through licensed gun dealers. All guns produced in the United States and those brought in from other countries must have serial numbers, usually located on the back of the frame.

However, a ‘zombie gun’ operates differently. It’s sold in parts and can be assembled by an unlicensed person at home. Before federal regulations were established under the Biden administration, buyers didn’t need to undergo a background check to obtain the components of a ghost gun. These parts are typically sold online as DIY kits, often labeled as “80 percent receivers,” meaning they’re mostly complete and buyers must assemble the remaining 20 percent themselves.

One of the main appeals of ‘zombie guns’ for buyers was that they didn’t require serial numbers. Serial numbers are crucial for law enforcement as they help trace the gun’s origin from the manufacturer to the dealer and then to the original buyer.

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How pervasive are the firearms?

In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a regulation that expanded its interpretation of the definition of firearm in the Gun Control Act of 1968. While it did not prohibit the sale or possession of parts used for assembling homemade guns, the regulation mandated that manufacturers and sellers acquire licenses, mark their products with serial numbers, and conduct background checks.

The absence of requirements for serial numbers or background checks before 2022’s rule makes it impossible to determine the exact number of ‘zombie guns’ in circulation.

“I don’t think we have the information that we need to really understand the scale and the impact gun violence has on our community,” Tokuda said. “And so I think it’s absolutely appropriate and necessary that we find institutions like the CDC and other federal agencies to actually look at what the true impact gun violence has had.”

“This should be bipartisan”

Over 20 House Democrats sponsor the bill, but it remains unclear if it will receive the bipartisan support needed to become law.

Tokuda said that supporting this bill isn’t about Second Amendment rights but rather about closing a legal loophole that allows disposal companies to profit from selling recycled gun parts on the secondary market.

“One of the approaches I’m hoping to do is to really garner support from the local level and have them reach out to their congress members and say, Hey, this is something we need, you know, put your partisan bickering aside,” Tokuda said. “We can do our job to keep people safe (by) destroying those weapons that should never be brought back to life.”

Jeremy Yurow is a politics reporting fellow based in Hawaii for the USA TODAY Network. You can reach him at [email protected] or on X @JeremyYurow

This article originally appeared on Arizona Republic: Hawaii Rep. Jill Tokuda takes aim at untraceable 'zombie guns'