Are Ghost Guns Legal in Florida?
Overview
Ghost guns, also known as "undetectable firearms" or "untraceable firearms," are weapons that do not have a serial number or other identifying features. These guns have raised concerns among law enforcement agencies and lawmakers due to their potential to be used in criminal activities without being traced back to the manufacturer or owner. In Florida, the legality of ghost guns is a topic of debate, and it is essential to understand the current state of the law to avoid any legal issues.
What are Ghost Guns?
Ghost guns are self-assembled firearms that are not manufactured by a licensed firearms manufacturer. They are typically made from a variety of parts, such as frames, receivers, and barrels, which are sold separately and can be assembled by the buyer. Ghost guns do not have a serial number, and in many cases, they are not traceable to the manufacturer or owner.
Are Ghost Guns Legal in Florida?
Florida has a complex legal framework regarding ghost guns. In 2019, the state passed a law that prohibited the sale of unfinished frames and receivers, which are the essential components of a ghost gun. However, the law did not make it illegal to possess or own these items.
Florida Statute 790.23(1) states:
"Any person who assembles a firearm from an unfinished frame or receiver or other parts, or any person who sells or transfers any unfinished frame or receiver or other parts, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."
What this means is that:
- It is illegal to sell or transfer unfinished frames and receivers.
- It is illegal to sell or transfer parts that can be used to assemble a ghost gun.
- However, it is not illegal to possess or own these items.
What is Not Legal in Florida?
In Florida, it is illegal to:
- Manufacture or assemble a firearm without a serial number
- Sell or transfer a firearm without a serial number
- Possess or own a firearm with an altered or removed serial number
- Sell or transfer a firearm that has not been registered with the federal government
Consequences of Possessing or Selling Ghost Guns in Florida
If you are found to be in possession of or selling ghost guns in Florida, you could face serious legal consequences, including:
- Felony charges, punishable by up to five years in prison
- Fines of up to $5,000
- Confiscation of the ghost gun and any related parts
- A mandatory minimum sentence of three years in prison if you have a prior conviction for a felony involving a firearm
Table: Comparison of Ghost Gun Laws in Florida and Other States
| State | Law Regarding Unfinished Frames and Receivers | Law Regarding Assembling a Ghost Gun | Penalty for Possessing or Selling a Ghost Gun |
|---|---|---|---|
| Florida | Prohibited sale, but not illegal possession | Prohibited sale and transfer, but not illegal possession | Felony of the third degree, punishable by up to five years in prison |
| California | Prohibited sale, possession, and manufacture | Prohibited sale and transfer, but not illegal possession | Felony, punishable by up to five years in prison |
| Texas | Prohibited sale, but not illegal possession | Prohibited sale and transfer, but not illegal possession | Felony, punishable by up to five years in prison |
| New York | Prohibited sale, possession, and manufacture | Prohibited sale and transfer, but not illegal possession | Felony, punishable by up to four years in prison |
Conclusion
In conclusion, while ghost guns are illegal to sell or transfer in Florida, it is not illegal to possess or own them. However, the state has taken steps to regulate the sale of unfinished frames and receivers, which are the essential components of a ghost gun. Law enforcement agencies and lawmakers are working to address the issue of ghost guns and to prevent them from being used in criminal activities. If you are considering purchasing or owning a ghost gun in Florida, it is essential to understand the current state of the law and to ensure that you are in compliance with all applicable regulations.
Recommendations
If you are considering purchasing or owning a ghost gun in Florida, we recommend:
- Consulting with a qualified firearms attorney to ensure that you are in compliance with all applicable regulations
- Only purchasing firearms from licensed dealers who are required to conduct background checks
- Ensuring that any firearms you own or possess are properly registered and serialized
- Reporting any suspicious or illegal firearms activity to the authorities
