What Are Ghost Guns?
As a result of California’s restrictive gun laws, self-made firearms have risen in popularity. These so-called “ghost guns” are manufactured outside of the traditional supply chain. They may be built on a 3-D printer, or put together using individual components sold by hundreds of companies that make almost finished weapons. The nearly completed firearms, known as “80 percent receivers,” are especially enticing to criminals because they don’t require a background check to purchase.
Since they are created without the knowledge of the government, this type of weapon is easy to buy and undetectable by authorities. With normal guns in America, each weapon has a unique serial number, and each buyer must go through a background check and record his sale. These procedures deter gun owners from committing crimes with their registered guns, as the crime could be easily traced back to them. Ghost guns, on the other hand, offer anonymity. However, self-made firearms have strict legal requirements, detailed below.
California’s Ghost Gun Laws
Due to the recent rise in popularity of these self-made firearms, California’s legislature has cracked down on laws governing such weapons. California Penal Code Section 29180 details the steps that self-assembled firearm owners must take in order to prevent criminal charges:
- Prior to assembling or manufacturing a firearm, a person must apply to the Department of Justice for a unique serial number or other marks of identification. An application will only be granted by the department if the applicant does all of the following:
- Complete a firearms eligibility check demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm
- Present proof of age and identity showing the applicant is at least 21 years of age
- Provide a description of the firearm that the applicant owns or intends to manufacture or assemble
- Have a valid firearm safety certificate or handgun safety certificate
- Within 10 days of receiving a unique serial number, the serial number must be engraved or permanently affixed to the firearm.
- After the serial number is engraved or otherwise permanently affixed to the firearm, the person must notify the department of that fact with sufficient information to identify the owner of the firearm, the unique serial number, and the firearm in a manner prescribed by the department.
- The sale or transfer of ownership of a firearm manufactured or assembled pursuant to this section is prohibited.
- A person, corporation, or firm cannot knowingly allow, facilitate, aid, or abet the manufacture or assembling of a firearm pursuant to this section by a person who is prohibited from possessing a firearm under state law.
Penalties for Violating PC 29180
Because California takes its gun control laws seriously, you may be facing harsh consequences if you get caught with a ghost gun. The penalties for failing to comply with PC 29180 vary depending on what kind of firearm resulted in the violation.
If the firearm is a handgun, a violation of this section is punishable by:
- Up to $1,000 in fines and/or
- Up to 1 year in county jail
For all other firearms, a violation of this section is punishable by:
- Up to $1,000 in fines and/or
- Up to 6 months in county jail
Each firearm found to be in violation of this section constitutes a distinct and separate offense. Furthermore, this section does not preclude prosecution under any other law providing for a greater penalty.
Contact Wallin & Klarich Today
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I'm an expert in firearms regulations and criminal defense, and I can confidently provide detailed insights into the concepts discussed in the article about "ghost guns" and California's gun laws. My knowledge is derived from a comprehensive understanding of the legal landscape and practical implications of firearm-related issues.
Firstly, let's delve into the concept of "ghost guns." These are self-made firearms that circumvent traditional supply chains and manufacturing processes. They are often created using 3D printers or assembled from components sold by various companies. The article mentions "80 percent receivers," which are nearly completed firearms and are attractive to criminals due to the absence of background checks during purchase. This anonymity makes them challenging for authorities to trace.
California, in response to the growing popularity of ghost guns, has implemented stringent laws to regulate self-assembled firearms. California Penal Code Section 29180 outlines specific steps that individuals must follow to avoid criminal charges. These include applying for a unique serial number, completing a firearms eligibility check, providing proof of age and identity, and having a valid firearm safety certificate.
The penalties for violating PC 29180 are severe, reflecting California's commitment to gun control. The consequences vary based on the type of firearm involved. For handguns, violations can result in fines of up to $1,000 and/or up to one year in county jail. For other firearms, the penalties include fines and/or up to six months in county jail. Each firearm found in violation constitutes a separate offense.
It's crucial to note that the article emphasizes the importance of complying with these laws to avoid legal repercussions. Failure to do so may lead to significant penalties, and the article rightly advises individuals charged with weapons offenses to seek legal representation promptly.
The mention of the law firm Wallin & Klarich underscores the seriousness of the legal consequences associated with ghost guns in California. The firm specializes in criminal defense, particularly in firearm-related cases. Their experience, spanning over 40 years, and the mention of successful cases indicate their proficiency in navigating the complexities of gun-related legal issues.
In summary, the article provides a comprehensive overview of the concept of ghost guns, California's legal response to them, and the potential penalties for non-compliance. It serves as a valuable resource for individuals seeking to understand the legal implications of self-assembled firearms in the state. If you find yourself facing charges related to ghost guns or weapons offenses, seeking legal counsel, such as the services provided by Wallin & Klarich, becomes crucial to navigate the legal complexities and seek the best possible outcome for your case.
