California (Washington Insider Magazine) —Are zip guns illegal? Zip guns, in the simplest terms, are illegal in California. Licensed manufacturers do not produce these improvised firearms, and are often created from readily available materials. This article will explore the legality of zip guns in California, what constitutes a zip gun, and the penalties for manufacturing, possessing, or selling them.
What is a Zip Gun?
A zip gun, as defined by California law, is a homemade or improvised firearm that meets specific criteria:
- A licensed importer did not bring it into the country as a firearm
- It was not initially intended to be a firearm by a manufacturer with the appropriate licensing
- Neither a tax nor a legal exemption from taxation was applied to the weapon or device
- It is either made or modified to expel a projectile, such as a bullet
A zip gun is a DIY firearm crafted from common materials using essential tools and methods. These firearms are typically basic, inexpensive, and lack the sophistication of commercially manufactured guns. They can vary in size and caliber, from small handguns to larger rifles or shotguns.
Are Zip Guns Illegal? Why Are They Prohibited?
Zip guns are considered dangerous for several reasons. Firstly, they are nearly impossible to trace, making it difficult for law enforcement to track their origin or ownership. Secondly, they are often designed for single use, posing a significant risk to public safety. Moreover, since they are not built to manufacturer specifications, they can be hazardous to the user, leading to accidental discharges or malfunctions.
Prohibited Activities Under PC 33600
Under California Penal Code 33600 PC, engaging in various activities related to zip guns is illegal. These activities include:
- Manufacturing: Making a zip gun or causing one to be manufactured is prohibited. This includes creating these firearms from scratch or modifying existing objects into firearms
- Importation: Importing a zip gun into California is also a crime. This aims to prevent the illegal transportation of these firearms into the state
- Selling: Selling a zip gun or offering one for sale is strictly prohibited. This applies to anyone attempting to profit from the distribution of homemade firearms
- Keeping for Sale: Keeping a zip gun to sell it is illegal. This provision targets individuals who maintain an inventory of these dangerous weapons for commercial purposes
- Giving or Lending: Offering to give or lend a zip gun to someone else is against the law. This includes any form of transferring these firearms to others
- Possession: Possessing a zip gun, which means having it on your person or within your control, is a criminal offense
Penalties For Violating PC 33600
The penalties for violating PC 33600 can be severe. If convicted under this law, you could face:
- Imprisonment: Offenders may be sentenced to imprisonment in a county jail for a time not exceeding one year. In more severe cases, imprisonment pursuant to subdivision (h) of Section 1170 could result in a longer prison term, which is typically reserved for felonies
- Fines: Individuals found guilty may also be subject to penalties of up to $10,000
It’s important to note that the severity of these penalties can vary depending on the case’s specific circumstances and whether it is treated as a misdemeanor or a felony.
Exceptions to the Rule
As with many criminal offenses, California law provides exceptions to prosecution under PC 33600 for specific individuals, including:
- Law Enforcement and Military Personnel: Members of law enforcement and authorized military personnel are exempt from prosecution under this law. This exemption recognizes the need for these professionals to possess and use firearms in the course of their duties
- Licensed Antique Dealers: Certain licensed antique dealers are exempt from prosecution under PC 33600. This exemption acknowledges that antique firearms may have historical value and are not considered the same as improvised zip guns
Conclusion: Are Zip Guns Illegal?
In conclusion, zip guns are illegal in California, and engaging in activities related to these improvised firearms can lead to serious legal consequences. Understanding the specific laws and regulations surrounding zip guns is crucial to avoid inadvertently breaking the law. The state’s stringent stance on these homemade firearms reflects their potential dangers to public safety and underscores the importance of responsible firearm ownership and regulation.
