Illegal Firearm Laws

Illegal firearms are weapons that are prohibited by gun laws due to their dangerous nature, the ease with which they can be concealed, or their potential for criminal use.

These weapons are often banned or restricted to reduce crime rates, protect public safety, and prevent unauthorized individuals from accessing deadly weapons.

What Kind of Guns Are Illegal to Own?

Various types of guns can be illegal to own, depending on federal, state, and local laws. Some examples of illegal guns to own include:

1. Unregistered firearms: Guns that have not been registered according to the requirements set by law.
   • Example: A handgun purchased through a private sale without undergoing the required background check or registration process.
2. Sawed-off shotguns and rifles: These weapons have had their barrels or stocks shortened, making them easier to conceal and therefore more dangerous.
   • Example: A 12-gauge shotgun with its barrel length reduced to 10 inches and the stock cut down, making it more compact and concealable.
3. Machine guns and automatic weapons: Firearms that can fire multiple rounds with a single pull of the trigger are typically illegal for civilian use. Some exceptions may exist for collectors or licensed dealers who have obtained special permits from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
   • Example: An M16A2 rifle, which is capable of firing in fully automatic mode, or an Uzi submachine gun, which can also fire multiple rounds with a single trigger pull.
4. Firearms with altered or removed serial numbers: Tampering with a firearm’s serial number is illegal, as it makes tracking the weapon’s history and ownership difficult for law enforcement.
   • Example: A Glock 17 handgun with its original serial number filed off or altered to hinder tracing efforts by law enforcement.
5. Guns prohibited by the National Firearms Act (NFA): This includes weapons such as short-barreled shotguns, short-barreled rifles, and silencers, which are highly regulated and require a special tax stamp for legal ownership.
   • Example: A short-barreled rifle (SBR) with a barrel length of less than 16 inches, or a shotgun with a barrel length of less than 18 inches, or a firearm with an integral suppressor (silencer) without the required tax stamp and registration.
6. Assault weapons: Some jurisdictions have banned certain semi-automatic firearms, known as “assault weapons,” due to their features or capacity.
   • Example: An AR-15-style rifle with specific features such as a pistol grip, detachable high-capacity magazine, and a flash suppressor, which may be prohibited in certain jurisdictions due to local assault weapon bans.

What Are the Consequences for Possessing Illegal Firearms?

The consequences for illegal possession of firearms can be severe and may include fines, imprisonment, or both. Penalties can vary depending on the jurisdiction and the specific details of the offense, such as the type of weapon involved and the offender’s criminal history. In some cases, even a first-time offender can face significant jail time for possessing an illegal firearm.

Here are some examples of punishments and scenarios for illegal possession of firearms:

1. Unregistered firearm: A first-time offender found in possession of an unregistered firearm may face a misdemeanor charge, resulting in fines up to $1,000 and up to one year in jail. Repeat offenders or those with prior criminal records could face harsher penalties, including felony charges, higher fines, and longer imprisonment.
2. Sawed-off shotgun or rifle: Possessing a sawed-off shotgun or rifle is a federal offense and can result in a fine of up to $250,000, imprisonment for up to 10 years, or both. State laws may also impose additional penalties, which can vary.
3. Machine guns and automatic weapons: Illegal possession of a machine gun or automatic weapon can lead to a fine of up to $250,000, imprisonment for up to 10 years, or both, under federal law. State laws may impose additional or different penalties, depending on the jurisdiction.
4. Firearms with altered or removed serial numbers: Under federal law, possessing a firearm with an obliterated or altered serial number can result in a fine of up to $250,000, imprisonment for up to 5 years, or both. State penalties may vary but can include additional fines and imprisonment.
5. Guns prohibited by the National Firearms Act (NFA): Possession of an unregistered NFA firearm, such as a short-barreled rifle, short-barreled shotgun, or silencer, can lead to a fine of up to $250,000, imprisonment for up to 10 years, or both, under federal law. State penalties may also apply and can vary depending on the jurisdiction.
6. Assault weapons: In jurisdictions with assault weapon bans, the penalties for possession can range from misdemeanor to felony charges, with fines reaching thousands of dollars and imprisonment up to several years. For example, in California, possession of an illegal assault weapon can result in a fine of up to $10,000, imprisonment for up to one year in county jail, or both.

These examples do not cover all possible scenarios, and the penalties for illegal possession of firearms depend on the specific circumstances of your case and the jurisdiction in which the offense occurs.

How Do I Legally Register a Firearm?

Here are some general steps you can follow to ensure that you are legally registering your firearm. Keep in mind that not all states require registration of firearms, so research your local laws before proceeding.

1. Research your local laws: Check the gun laws in your state, county, and city to determine if registration is required and to familiarize yourself with any other regulations that may apply, such as background checks or waiting periods.
2. Purchase from a licensed dealer: When buying a firearm, it’s best to purchase it from a licensed firearms dealer (Federal Firearms Licensee, or FFL). This will help ensure that the necessary paperwork, such as the ATF Form 4473, is completed and that a background check is conducted through the National Instant Criminal Background Check System (NICS).
3. Complete the necessary paperwork: Fill out any required forms, such as the ATF Form 4473, accurately and completely. The dealer will typically guide you through this process.
4. Background check: Before you can take possession of your firearm, a background check must be conducted through the NICS. This process can take minutes to several days, depending on the jurisdiction and any potential issues with the background check.
5. Waiting period: Some states and localities have mandatory waiting periods before you can take possession of your firearm. The length of the waiting period can vary, so be sure to research the specific requirements for your area.
6. Register the firearm (if required): If your jurisdiction requires registration, you may need to complete additional paperwork and submit it to the appropriate government agency, such as your local police department or a state agency. This process may require you to provide personal information, a description of the firearm, and, in some cases, undergo additional background checks or fingerprinting.
7. Obtain a permit or license (if required): Some states require gun owners to obtain a permit or license before they can legally possess a firearm. This may involve completing a firearms safety course, passing a written test, and undergoing additional background checks.
8. Store your firearm securely: Once you have legally registered your firearm and complied with all local laws, it is crucial to store your weapon securely to prevent unauthorized access or theft.

When in doubt, consult with local law enforcement or a qualified attorney who specializes in firearms law to ensure you are complying with all applicable regulations.

Should I Get an Attorney If I am Charged with Possession of an Illegal Firearm?

If you are charged with possession of an illegal firearm, seek legal representation immediately. A knowledgeable and experienced criminal defense lawyer can help you understand your rights, navigate the legal process, and work toward the best possible outcome for your case.

LegalMatch is an excellent resource for finding a qualified attorney who specializes in firearm offenses. Don’t wait – use LegalMatch today to find the right criminal defense lawyer for your situation.