Charlotte Criminal Lawyer Blog
U.S. Supreme Court Upholds Ghost Gun Law
Ghost guns have become a problem in the United States. Ghost guns may be utilized in crimes because they have no serial numbers, are not registered, and are virtually untraceable. Laws were enacted to prohibit ghost guns in an attempt to reduce or eliminate the number of these weapons on our streets. Ghost guns are responsible for a number of violent crimes across the country. The Supreme Court recently upheld the Biden-era law banning ghost guns.
What Makes a Gun a Ghost Gun?
A ghost gun is a gun that is made without a serial number. Typically, ghost guns are made by individuals out of sourced parts or printed with a 3D printer. Ghost guns are privately made firearms that are often one-of-a-kind but are sometimes built from kits. Ghost gun kits are the main focus of the ghost gun regulations. Some kits are sold online and include everything necessary to make a fully functioning firearm. Some of the kits can be assembled in under 30 minutes.
Federal Ghost Gun Laws
Federal gun laws finalized at the direction of former President Joe Biden included the “frame and receiver” rule. This law mandates companies that sell gun kits to follow the same laws as other firearms distributors or sellers. This means that the company cannot sell a gun kit to anyone under the age of 21. They must perform background checks on individuals and ensure that they may own a firearm before selling a gun kit. Importantly, gun kits must include serial numbers so that the firearm may be registered and traced.
Gun organizations were not happy with the legislation and challenged the law. They argued that people should be allowed to make their own firearms and that the regulation is an overreach of the government. The challenge reached the Supreme Court, where the majority found that the law is valid and should remain in place. They stated that the ATF does have the right to oversee gun making kits. Most of the common ghost gun kits are subject to this law.
North Carolina Ghost Gun Legislation
North Carolina legislators are introducing state laws that will limit the purchase and use of ghost guns in the state. The law is intended to support the federal regulations and to ensure that the state is able to prosecute those who violate gun laws. According to data from the Justice Department, the number of ghost guns recovered by law enforcement has been growing. In 2023, more than 27,000 ghost guns were recovered, a number that is up from just 1,700 ghost guns in 2017. Since the federal ghost gun law was put in place, the number of ghost guns recovered has declined in many of the big cities across the country.
The penalties for possessing an illegal firearm can range from a misdemeanor to a felony, depending on the circumstances. Any gun charges can be serious, and if convicted, you could face a severe sentence. If you are facing gun charges, contact us at Arnold & Smith, PLLC, at (704) 370-2828 for a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://apnews.com/article/supreme-court-ghost-guns-bf404db1d4ece56203c8748b2544dc02
https://www.cbsnews.com/news/what-is-a-ghost-gun/
Image Credit:
https://www.freeimages.com/photo/gun-arma-1552190
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