Can You Go to Jail for Carrying a Complete P80 with No Serial Number?

Well, like so many things in law, it depends. The legality of carrying a complete P80 with no serial number is a complex issue that defies a simple answer. The matter can vary considerably based on jurisdiction and individual circumstances.

Understanding Ghost Guns

The term ldquo;ghost gunrdquo; is often used to describe firearms that have either had their serial numbers obliterated or are ldquo;80% completerdquo;meaning only the lower receiver is finished, leaving the upper receiver and barrel to be added later.

Following George Gascon, the District Attorney of Los Angeles, the distinction between a ldquo;ghost gunrdquo; and a properly registered firearm is not always clear, especially when a serial number has been altered or obliterated. In such cases, the authorities can claim that the firearm is illegal and proceed to charge the owner with federal offenses after local authorities have done their part.

Legalities in Different Scenarios

Possessing an 80% Lower Receiver

In many areas, an 80% lower receiver (80% lower) for firearms like the P80 can be possessed legally if it does not have a completed upper receiver or barrel. These are often sold at gun shows and do not require a serial number, as they are not yet functional firearms. However, when the lower receiver is completed, the situation changes.

Building Your Own Firearm

Building a firearm from a 80% lower and adding your own barrel and upper receiver can be done legally in most places. However, the final firearm must have a serial number, which must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Buying a Complete Gun with No Serial Number

If you purchase a complete firearm (with a working upper and lower receiver) from someone who has not registered it, the situation becomes more serious. The Federal Bureau of Investigation (FBI) and the ATF can both charge both the seller and the buyer with federal offenses, such as possession of an unregistered firearm.

Additional Considerations

Other factors that can complicate the matter include:

Being an ex-felon or having a violent crime record Using the firearm in the commission of a crime Having the firearm while elsewhere the law prohibits so-called ldquo;Ghost Gunsrdquo;

In some cases, prosecutors may offer plea deals, such as a charge of burglary, as an alternative to more serious offenses. However, such deals highlight the complexity of the issue and the discretion given to prosecutors.

Key Legal Definitions

According to 18 U.S. Code § 921, the definition of a ldquo;pistolrdquo; and ldquo;manufacturerrdquo; is crucial. While making a custom P80 for personal use is generally acceptable, purchasing a firearm with no serial number is illegal under 26 U.S. Code § 5861.

The U.S. Attorney General has proposed updated definitions to further address the issue of home-made receivers, requiring them to be serialized and documented by a licensed dealer, gunsmith, etc.

Future Developments

Manufacturers of jigs and CNC mills for making firearms are increasingly offering products that produce complete receivers from solid blocks of aluminum, effectively changing the rules.

The debate over ldquo;Ghost Gunsrdquo; continues, driven by concerns about crime and regulation but also by technological advancements and legislative changes.

Conclusion

Can you go to jail for carrying a complete P80 with no serial number? The answer is: it depends. Legal interpretations and local regulations can vary widely, but the key concepts to understand include the nature of the firearm in question, your intentions, and the jurisdiction in which you are operating.

Always consult legal experts and stay informed of local and federal laws to avoid potential legal issues.