Arizona is an open carry state, which allows residents to carry firearms or purchase firearms without a license. However, if you cannot, by state or federal law, purchase or carry a firearm and someone catches you with a ghost gun, you will face criminal charges and possible jail time. It’s important to understand what happens if you get caught with a ghost gun in Arizona. Speaking with a skilled Phoenix gun crime lawyer is the best way to do that.
Schedule a free consultation with the team at Ybarra Maldonado Law Group by calling 602-910-4040 today.
What Is a Ghost Gun?
A ghost gun, or undetectable firearm, is a homemade firearm. It is delivered to an individual in pieces and assembled by that person to use as a gun. Because it is assembled upon receipt, the ghost gun does not have the required serial numbers, making it illegal. Like any weapon, ghost guns pose a threat when placed in the wrong hands. A homemade gun is untraceable when used in a violent crime since it lacks the serial number all firearms require.
The term “ghost gun” gained popularity after concerns arose about the potential misuse of such firearms. It can be difficult for a law enforcement agency to track and regulate these homemade guns.
What Is a Ghost Glock?
A glock is a type of semi-automatic pistol. A ghost glock is basically a homemade version of a glock. Law enforcement agencies have great difficulty tracking these firearms, which is why they are so controversial.
Are Ghost Guns Illegal in Arizona?
Technically, ghost guns are not considered illegal firearms in Arizona. In fact, most states allow individuals to have ghost guns as long as they can legally own and carry a firearm. Because Arizona currently has no laws prohibiting these guns, they are technically legal in the state.
Can You Carry a Ghost Gun in Arizona?
Yes, as long as you can legally own and carry a gun in the state. As long as you are not a prohibited possessor, you can own and carry a ghost gun. However, you may not carry the ghost gun onto a property that prohibits firearms.
Can You Conceal Carry a Ghost Gun in Arizona?
Technically, yes. Arizona state law does not specifically prohibit anyone from concealed carrying a ghost gun. As long as you can legally carry a regular firearm in Arizona, you can concealed carry a ghost gun.
Federal Laws On Ghost Guns
As of April 2022, the Biden Administration and the United States Department of Justice issued a final rule that requires ghost gun kits to be made by only licensed manufacturers. The rule also states that the kit must have a serial number, and the purchaser must submit to a background check.
The definition of a firearm now includes firearm parts kits. With the increase in gun crimes committed by ghost guns, the administration believes that creating this rule will lower ghost gun violence.
Arizona State Laws On Ghost Guns
Arizona does not have any state law banning residents from carrying a ghost gun specifically. No unique law exists other than those prohibiting specific individuals from carrying firearms. Anyone that has been convicted of a felony, under the age of 18, selling the gun as an unlicensed firearm vendor or anyone that is in possession of a firearm with the intent to commit a crime can all be arrested if caught with a ghost gun or any other firearm. The maximum sentence can be up to five years depending on the circumstances.
In Arizona, possessing ghost guns falls under the state law protecting individuals’ rights to bear arms. In 2021, Governor Doug Ducey passed House Bill 2111. It would make Arizona a “Second Amendment sanctuary.” This prevents the enforcement of federal gun laws inconsistent with Arizona’s state laws.
Possessing A Ghost Gun As A Prohibited Person
A person that has been convicted of a felony, as well as some misdemeanors, cannot legally possess a gun, whether it’s a ghost gun or a regular firearm. In addition to convicted felons, listed below are other individuals that cannot carry weapons or ghost guns:
- Anyone likely to receive a domestic violence restraining order (determined by a hearing)
- Anyone using illegal drugs
- The mentally ill (judge ordered)
- Immigrants that have entered the country unlawfully
- Fugitives from justice
- Former members of the military that have been dishonorably discharged
Some states have additional laws banning specific individuals from carrying a firearm. For example, California does not allow anyone with any type of restraining order under their “red flag law” to possess a firearm. As long as you are not barred from gun ownership in Arizona, you may have a ghost gun.
Manufacturing A Ghost Gun For Sale Or Distribution
Manufacturing ghost guns with the intent to sell is legal as long as they follow the rule established by the Biden Administration and the Department of Justice. A licensed manufacturer must follow the same regulations for ghost gun kits as fully assembled firearms. Each kit must have a serial number assigned to it, and the purchaser must submit to a background check before they can build ghost guns.
Possessing A Ghost Gun with the Intent to Commit A Crime
Whether you are in possession of a regular firearm or a ghost gun and intend to commit a crime, you could be convicted of a felony and face jail time if police officers catch you.
Penalties for Being Caught with a Ghost Gun in Arizona
There are no penalties for catching someone with ghost guns in Arizona unless they have a felony conviction or otherwise cannot carry a firearm according to state or federal law. If law enforcement officers catch prohibited possessors with homemade guns, they may face serious penalties.
Arizona Ghost Gun Laws FAQ
Listed below are some facts about ghost gun laws in Arizona.
What Are Arizona’s Laws Related to Ghost Guns?
Arizona has no laws against carrying an untraceable firearm. Anyone caught carrying ghost guns or other firearms must adhere to the Federal Laws in place regarding the possession of a gun.
Can You Get Arrested for Having a Ghost Gun in Arizona?
Listed below are individuals that could face arrest if caught with ghost guns:
- under 18 years old
- a convicted felon
- selling the gun as an unlicensed firearm vendor
- bringing that gun onto a property that prohibits firearms
- intend to commit a crime with the gun
Is It Illegal To Make Your Own Gun?
You can make your own gun as long as it is for personal use and has a detachable metal part. Since most ghost guns come from a 3D printer, the material the gun consists of is plastic and will not set off metal detectors. To be legal, ghost guns must have a metal plate or other components installed to set off a metal detector.
Why Are Ghost Guns Legal Under Federal Law?
Ghost guns are legal under federal law as long as a licensed dealer conducts a background check on the purchaser and the manufacturer engraves a serial number on the frame or receiver. With the Biden Administration’s new rule regarding ghost guns, the kits used to build homemade firearms now qualify as “firearms.”
Can You Conceal Carry A Ghost Gun?
Arizona is not a concealed carry state. Gun owners have the right to own or purchase a gun without a permit or license, which includes ghost guns.
Are Ghost Gun Kits Legal in Arizona?
Yes. Unless someone is specifically prohibited from possessing a gun in the state, they can legally purchase and own a ghost gun kit. However, selling ghost guns is a little more complicated.
Someone can be arrested for selling ghost guns and ghost gun kits as an unlicensed firearm vendor. One cannot be arrested for simply having a ghost gun, but they must become a licensed firearm vendor in order to sell them.
Are 3D Printed Guns Legal?
No federal or state law currently prohibits making or possessing 3D printed guns. So, technically, 3D printed guns are legal in Arizona. The person with the 3D printed gun only needs to be legally allowed to have a gun in the state.
Caught with a Ghost Gun? Call Ybarra Maldonado Law Group Today
If you face arrest for ghost gun-related charges in Arizona, call a skilled Phoenix criminal defense attorney at Ybarra Maldonado Law Group. Our team of experienced Phoenix attorneys understands the laws regarding ghost guns and what your rights are. We will evaluate your case and the circumstances concerning your arrest.
With an experienced criminal defense attorney on your side, you can rest assured that we will fight for your freedom and protect your rights. Contact us online or call us at (602) 910-4040 today.
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