DiCindio Law LLC | March 28, 2022 | Weapons
What Happens If You Are Caught With A Ghost Gun In PA?
Ghost guns are guns that people can make themselves. Still, you cannot give it to someone else, sell it, or create it when you are a person prohibited from owning or possessing firearms under state or federal law. At the time of this writing, legislatures are actively implementing laws to limit the legality of building and selling components for these types of firearms. It is anticipated they will quickly become more regulated under the law – and may have already by the time you are reading this.
Who Is A Prohibited Person?
Multiple categories of people are prohibited from owning, transferring, selling, or possessing firearms under Pennsylvania and federal laws. If you or someone with whom you live is prohibited from firearms, you should avoid creating a ghost gun.
Some of the people who are prohibited from firearms include the following:
- People who are subject to an active protection from abuse orders that tell them to relinquish firearms
- People with misdemeanor convictions with maximum sentences of longer than one year
- People with felony convictions
- People with three or more drunk driving convictions within the past five years
- People with any misdemeanor conviction involving domestic violence
- People who have been committed to a mental institution or who have been adjudicated as mentally incompetent
- People with certain enumerated convictions
There are numerous listed convictions under state law that prohibit you from possessing or owning a firearm. If you have a juvenile adjudication or an adult criminal record, it is best to consult an attorney before you make a ghost gun to ensure that you are not a prohibited person under state or federal law.
How People Make Ghost Guns
Most people who want to make homemade guns do not have the equipment. However, people are now able to make homemade guns with 3D printers. In addition, it has become common for people to purchase an 80% receiver to build a homemade gun. The receiver is the part that projects the bullet and contains the mechanical components. They will then assemble the gun from there. However, you must purchase a finished receiver from a licensed dealer under the Gun Control Act and pass a background check. Finished receivers have serial numbers that the police can use to trace them to the registered owners.
Guns Created With 3D Printers
3D printers use three-dimensional models created on a computer to create three-dimensional solid objects by the printer adding layers of material to follow the programmed instructions. By using a 3D printer, people can make entirely plastic guns. It is illegal to have a firearm that does not include any metal parts under the Undetectable Firearms Act.
It is also important to understand that the Biden administration is currently promising to crack down on ghost guns, so additional legislation could be forthcoming.
Finally, if you are caught with a ghost gun as a prohibited person under either Pennsylvania state law or federal law, you could face felony charges carrying a long potential prison sentence.
Contact Our Criminal Defense Law Firm in West Chester, PA
If you are facing criminal charges and need legal help, contact the West Chester, PA criminal defense lawyers at DiCindioLaw, LLC to schedule a free initial consultation.
DiCindio Law, LLC
29 S Walnut St
West Chester, PA 19382