The legality of undetectable firearms is a topic of significant importance and concern due to the potential security risks they present. In California, the laws surrounding these weapons are strict, reflecting the seriousness with which the state takes public safety.
Here's what you need to know about undetectable firearms and the legal statutes that govern them. Contact Law Office of Michael L. Fell at (949) 585-9055 if you are facing charges or accusations of a firearms crime in Southern California.
What Are Undetectable Firearms?
Undetectable firearms, often referred to as plastic or ceramic guns, are designed to be invisible to walk-through metal detectors. This characteristic makes them particularly concerning for public safety and security. The term "undetectable" typically refers to the lack of metal components that would make the firearm visible to metal detectors, hence posing a unique threat to security measures in various settings.
Understanding Penal Code § 24610 PC
Penal Code § 24610 PC explicitly addresses the issues surrounding undetectable firearms. Under this statute, it's illegal to manufacture, import, keep for sale, offer or expose for sale, or give, lend, or possess any undetectable firearm. Due to the potential risks associated with these weapons, California has categorized the violation of this statute as a wobbler offense. This means the charges can vary between a misdemeanor and a felony, depending on the case's specifics.
Potential Penalties for Violating PC § 24610
The penalties for possessing, manufacturing, or distributing undetectable firearms are severe, reflecting the potential danger they pose. If charged as a misdemeanor, individuals might face up to one year in county jail. However, if the offense escalates to a felony, the accused could face a longer county jail term of 16 months, two years, or even three years. Additionally, fines ranging between $1,000 and $10,000 may be imposed, further underscoring the severity of these offenses.
Additional Legal Frameworks Governing Undetectable Firearms
California's Penal Code § 16590 (w) and the federal Undetectable Firearms Act complement PC § 24610 by providing additional layers of legal prohibition against undetectable firearms. These statutes cover a range of actions, including manufacturing, importing, selling, giving, lending, and possessing undetectable firearms, mirroring the prohibitions laid out in PC § 24610.
Exemptions and Legal Ownership of Firearms
While the laws are strict regarding undetectable firearms, certain exemptions exist for law enforcement agencies and their members. These exemptions allow for the sale, transfer, or possession of undetectable firearms under specific and controlled circumstances, reflecting the needs of law enforcement personnel in their official duties.
It's also critical to note that while undetectable firearms are prohibited, other conventional firearms such as pistols, revolvers, rifles, and shotguns are not banned under these statutes. Lawful ownership and use of these firearms are still possible in California, provided individuals comply with the applicable laws and restrictions.
If you find yourself facing charges related to undetectable firearms or if you have questions about your rights and responsibilities under these laws, it's crucial to seek legal guidance. Law Office of Michael L. Fell is equipped to provide the expertise and support you need to navigate these complex legal waters. For more information or to schedule a consultation, contact (949) 585-9055. Remember, understanding your legal standing and options is the first step in addressing any charges or concerns you may have about firearm laws in California.