An undetectable firearm, also referred to as a plastic or ceramic gun, is any weapon that is made to not be detected by a walk-through metal detector, hence the name undetectable. In accordance with California's gun laws, this is prohibited. Call the Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if you have already been charged with it or have cause to suspect that you will in the future.
The prohibition of silent weapons in California
An undetectable firearm may not be produced, imported into California, owned, kept, given, or lent, nor may it be offered for sale. Anybody who carries out one of those deeds may be charged with a wobbler violation. This means that depending on the particulars of the case, it may be charged as a felony or a misdemeanor.
Penalties for violating legislation governing untraceable firearms
There might be a year in jail and fines of up to $1,000 if this crime is charged as a misdemeanor. If a criminal charge is brought, the judge may impose a sentence of 16 months, 24 months, or 36 months in prison. A felony conviction carries fines between $1,000 and $10,000.
There may be additional laws that apply
There are additional California statutes that forbid undetectable firearms even if the aforementioned laws do not apply to a particular circumstance. In California, one bans particular types of firearms, including those that are imperceptible. The Undetectable Firearms Act is the second statute, which is federal in nature. Manufacturing, importing, selling, giving, lending, or possessing an undetectable firearm is now a federal felony.
Options for defending against accusations involving plastic or undetectable weapons
Your criminal defense lawyer will thoroughly evaluate your case if you have been accused of a crime involving plastic or invisible guns in order to identify the strongest possible defense. This might entail demonstrating that the in question weapons are not in fact undetectable. The involvement of expert witnesses or other specialists who can demonstrate that the weapons don't qualify may be necessary in this case.
One other line of defense is to demonstrate the falsity of the specific act. For instance, it might be true that a plastic pistol was discovered by the police in a person's home, but the defendant's lawyer could contend that the weapon was not owned, created, imported, etc. by the defendant.
It might make the most sense to aim for the best potential plea arrangement if there is a ton of evidence against the accused. If this is the case, you can rely on your lawyer to fight tenaciously for the best result. It might entail less penalties, a shorter sentence, or other choices.
You require a skilled attorney if you have been accused of a crime. The Law Office of Michael L. Fell is the one you've located. Call (949) 585-9055 right away to schedule a free legal consultation.