The United States Constitution provides people with many rights. Specifically, the Second Amendment gives people the right to keep and bear arms. Since it was ratified in 1791, the law ensures that citizens are allowed to own a weapon. The law was first intended to help people defend themselves in an era before police departments were established. Firearms have changed over the years, including the addition of fake or replica guns. Although it is legal for most people to own guns, is it legal to own fake firearms?
What are Fake Firearms?
Fake firearms are also called replicas, look-alikes, or imitation guns. Fake firearms are generally described as any type of device that looks like an authentic gun. However, these imitations do not fire as regular guns, although they may fire blanks or non-metallic projectiles. Fake firearms are designed to be non-functioning. Fake guns are not the same as “ghost guns.” Ghost guns are working firearms that are generally homemade and not traceable. Fake firearm laws do not pertain to paintballs, pellet guns, or air guns, which have separate regulations.
Restrictions on Imitation Firearms
Federal law states that no person “shall manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm (“device”)…unless such device contains or has affixed to it one of the markings”. Imitation firearms must be “clearly distinguishable from real firearms through color, markings, and/or a permanent orange muzzle tip.” The tip of the device must be colored blaze orange, or the device must be clear. Also, the entire gun may be of another color, including bright orange, white, bright blue, bright yellow, bright green, or bright purple. The bright colors may be in patterns.
Imitation firearms must comply with Consumer Product Safety Commission (CPSC) regulations. The imitation firearm must be certified to comply with the legal standards. The certificate must include a description of the product and a list of safety rules to which it complies. It must also contain the name, address, and phone number of the manufacturer or importer, along with the date of manufacture. Consumers should verify the certificate prior to purchase to ensure that the gun complies with the law.
What to Know About Owning a Fake Firearm
Although you are allowed to own a fake firearm, you could face firearm charges if you use it in an illegal way. It is illegal to use a fake firearm in the commission of a crime. An imitation firearm is treated like a real firearm if you use it in a crime. A fake gun without the proper orange tip identification could cause a dangerous situation. Do not pull out a fake firearm or point it at a person. Be sure to transport an imitation gun in a safe manner that is not in plain sight to avoid potential misidentification.
If you use or have an imitation firearm during the commission of a crime, you could be charged with a firearms violation. To learn more about firearms rights, call us at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our legal team.
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://www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1272
Image Credit:
https://www.freeimages.com/photo/water-pistols-1907004
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts: