What occurs when someone discovers that you are in possession of a ghost gun or custom-made gun?
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If the owner follows the procedures to register the “ghost” gun with the California Department of Justice (DOJ), owning self-assembled or other privately constructed firearms, also referred to as “ghost” guns, is legal in the state of California. In 2018, laws mandating the registration of certain firearms were passed. Until that point, it was lawful to possess firearms of this kind. Attorneys that focus on gun criminal defense can assist in navigating these intricate legal regulations.
DOJ REQUIREMENTS FOR GUNS THAT ARE ASSEMBLED
According to California state law, the DOJ is required to assign a distinct serial number or mark of identification to ghost weapons or self-assembled firearms. Requesters of these serial numbers are required to:
Hold a certification for the safety of weapons
Pass a firearms eligibility background test to verify their eligibility to possess guns under California and federal law
Be at least 21 years of age and produce proof of identification and age
Give the DOJ a description of the firearm that they intend to build or assemble.
The DOJ’s serial number must be permanently attached or engraved on the ghost pistol by the applicant within ten days of the ghost gun’s assembly or fabrication. The individual requesting the serial number is then required to provide the DOJ with details about the now-serialized firearm, including ownership information. Ghost firearms are usually only meant for personal use and cannot be transferred or sold.
A individual who is discovered to be in possession of a non-serialized firearm must either turn the weapon over to law enforcement or seek for serialization through the DOJ. As per the 2018 laws pertaining to ghost guns, individuals and organizations are forbidden from intentionally assisting, encouraging, permitting, or facilitating the construction or fabrication of a firearm by an individual who is not authorised to possess or own said weapon.
Additionally, it is strictly forbidden by law for anyone to assemble weapons that are illegal in the state, such as assault rifles, machine guns, and pistols that have not been approved by the Unsafe Handgun Act through testing and certification. Laws that further restrict the sale of self-assembled gun frames and receivers, also referred to as precursor parts for weapons, is scheduled to be put into effect throughout the state on July 1, 2022, the start of the new fiscal year.
ARE YOU FACING GUN CHARGES?
Since California takes a strong stance against offences involving firearms, all allegations pertaining to firearms, even those involving unregistered or non-serialized guns, are taken seriously. If found guilty of a crime involving a firearm, you may be subject to heavy fines and possibly even jail time. Furthermore, a gun-related offence may stay on your record for a very long time, if not forever.
at the Law Offices of Graham Donath are aware of the gravity of gun-related offences in California. Should you be charged with anything related to guns, even something as straightforward as having an unregistered firearm, you should be represented by a knowledgeable lawyer who is familiar with the state’s intricate gun regulations. Allow our staff to assist you. For a more thorough discussion of your case, schedule a private consultation or give us a call in Riverside at 951-667-5293 or in Orange County at 714-758-5293.
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