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Understanding Ghost Guns: A Comprehensive Guide
When we talk about ghost guns, we refer to untraceable and unregulated firearms that lack serial numbers. The ease of assembly makes them particularly concerning, especially since buyers can acquire these weapons without undergoing background checks. In the state of California, where strict gun laws are enforced, this poses a significant problem. Additionally, the lower cost of ghost guns compared to traditional firearms makes them especially attractive to minors and individuals with felony convictions, groups that are legally barred from possessing firearms.
The Public Safety Threat of Ghost Guns
According to recent reports from the Department of Justice (DOJ), from 2016 to 2020, over 23,000 un-serialized firearms were recovered at various crime scenes across the United States, including 325 homicides or attempted homicides. This alarming trend underscores the risk that ghost guns pose to public safety. But what’s leading to this increase in ghost gun usage?
The Regulatory Loophole
The main issue lies within the federal firearms laws that currently offer ghost guns a significant loophole. Under federal law, a “firearm” is defined to include:
- Any weapon designed to expel a projectile through explosive action
- The frame or receiver of such a weapon
- Firearm mufflers or silencers
- Destructive devices
Despite this definition, federal regulations do not specify the conditions governing the purchase of ghost gun kits or parts. As a result, consumers have exploited these gaps, evading prosecution for extended periods.
The Future of Ghost Guns in Legislation
However, the landscape is changing. The federal government has taken action to ratchet down on the loopholes associated with ghost guns. The DOJ is now advocating new regulations that aim to tighten these gaps and enhance public safety.
Proposed Changes by the DOJ
To address these pressing concerns, the DOJ has put forth a proposed rule set that aims to redefine what constitutes a “frame or receiver.” Here are some of its anticipated effects:
- Retailers must conduct background checks prior to selling kits containing parts to create firearms at home.
- Manufacturers would require to place serial numbers on the frames or receivers of easy-to-assemble kits.
- There will be obligations for federally licensed firearms dealers to affix serial numbers to 3D-printed guns and other un-serialized firearms taken into inventory.
Federal Restrictions on Gun Possession
Under federal law, certain individuals cannot legally own, purchase, or possess firearms. This includes individuals who:
- Have felony convictions
- Have certain mental incapacities
- Were convicted of specific domestic violence offenses
This law aims to mitigate the potential for ghost guns falling into the wrong hands, acknowledging the vital need to revisit and strengthen existing firearms legislation.
Prohibitions Under California Law
In California, the restrictions on firearm ownership are even more stringent. Individuals may be barred from owning or possessing firearms if they meet any of the following criteria:
- Having misdemeanor convictions under Penal Code section 29805
- Having felony convictions
- Being addicted to narcotic drugs
- Being declared a danger to themselves or others under the Welfare and Institutions Code section 8103
With ghost guns often preferred by such individuals, both state and federal authorities are now working assiduously to close the regulatory gaps that have allowed this trend to proliferate.
Law Enforcement’s Role in Combating Ghost Guns
In Oakland and across California, law enforcement agencies are taking robust measures against ghost gun manufacturers and distributors. The rising incidence of ghost guns at crime scenes has heightened their impetus to target these illegal firearms. Authorities are increasingly focused on intercepting individuals who acquire and utilize ghost guns in criminal activities.
Your Rights and Legal Support Regarding Ghost Guns
If you are confronted with charges related to weapons or violent crimes in Oakland, it is crucial to have experienced legal representation on your side. The Law Offices of Nabiel C. Ahmed is a dedicated Criminal Defense firm in Oakland, California, committed to protecting your rights and fighting for justice in the face of serious legal challenges.
Why Choose Us
Our expertise in Criminal Defense cases and close understanding of firearm laws equip us to provide you with the legal defense you deserve. If you’re facing charges or even investigations related to ghost guns, do not hesitate to reach out.
Contact Us Today
For immediate assistance regarding weapon charges, call the Law Offices of Nabiel C. Ahmed at 510-576-5544. Our team is here to advocate for your rights and navigate the complexities of the legal system on your behalf!
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