Also known as a plastic or ceramic gun, an undetectable firearm is any firearm that is designed to not be dedicated when put through a walk-through metal detector – hence the name undetectable. This is an illegal in the state of California under our firearm laws. If you have been charged with it or have reason to believe that you may be in the future, then it is time to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
The illegality of undetectable firearms in California
Per California Penal Code, it is illegal to manufacture, import into the state, possess, keep or offer for sale, give, or lend an undetectable firearm. Anyone who performs any of those acts may face a wobbler offense. This means that it can be charged as either a felony or a misdemeanor, depending on the specifics of the case in question.
Potential penalties for breaking undetectable firearm laws
If this crime is charged as a misdemeanor, the potential result is up to a year in jail and fines of up to $1,000. If it is charged as a felony, then the judge can sentence the defendant to 16 months, 24 months, or 36 months in jail. Fines for a felony conviction range from $1,000 to $10,000.
Additional laws may be applicable
Even if the above laws do not apply to a specific situation, there are additional California laws that prohibit undetectable firearms. One prohibits specific categories of weapons in California, one of which is undetectable weapons. The second law is a federal one: The Undetectable Firearms Act. It makes it a federal crime for a person to manufacture, import, sell, give, lend, or possess an undetectable firearm.
Defense options for charges regarding plastic or undetectable guns
If you have been charged with a crime relating to plastic or undetectable guns, then your criminal defense attorney will carefully assess your situation to find the best potential defense. This may involve proving that the weapons in question do not qualify as undetectable. This may require the use of expert witnesses or other professionals who can show that the weapons don’t qualify.
Another defense option is to show that the specific act is not true. For example, it may be true that the police found a plastic gun in a person’s home but that person’s attorney could argue that the weapon was not possessed, manufactured, imported, etc. by the defendant.
In the event that there is a wealth of evidence against the charged party, it may make the most sense to work toward the best possible plea agreement. If this is the case, then you can count on your attorney to fight aggressively for the best possible outcome. It may involve reduced charges, a reduced sentence, or other options.
If you have been charged with a crime then you need an experienced attorney. You have found one in Law Office of Michael L. Fell. Contact our offices at (949) 585-9055 today for a free legal consultation.