Challenges in Firearms and Shooting Cases: Prosecuting Cases Involving Ghost Guns

Webinar Title: Challenges in Firearms and Shooting Cases: Prosecuting Cases Involving Ghost Guns

Live Webinar Date: October 5th, 2023

Duration: 90-minute presentation

CLE:  This course, originally a live webinar on October 5th, 2023, was recorded for on-demand attendance. The live webinar was approved for CLE credit in certain states; however, NDAA is not responsible for applying for CLE approval or reporting CLE credits for this on-demand webinar. Attendees are responsible for ensuring their state accepts their applications for self-study CLE credits. Upon completion of your on-demand course (video, quiz and survey), you will be able to access a CLE Uniform Certificate of Attendance. If your state accepts self-study credits, you can submit this Certificate and other required materials directly to your state bar. NDAA does not apply for CLE approval for recorded content or report on-demand CLE attendance for this webinar. Attendees must self-submit this course for approval in their home state. All attorneys are responsible for any fees associated with CLE filing. Attorneys seeking CLE credit should contact their state bar associations for more information. General questions or additional information regarding CLE credit can be directed to cle@ndaajustice.org.

[States that previously approved CLE for course: AR, IL, LA, MS, MO, OH, OK, PA, TN, TX]

Summary: This presentation continues to assist state and local prosecutors, in those states that criminalize the possession or sale of ghost guns and/or parts/kits and those that don't but whose legislatures are considering such laws, how to recognize ghost gun evidence in a police report or evidence sheet, how to assess a case for charging, and how to present gun evidence in court. Attendees learn specific strategies for assessing cases, educating jurors about firearms and presenting firearm evidence safely in court.  Also, the webinar updates attendees about the federal court decisions considering the federal ghost gun legislation's constitutionality and where those cases are in the appeals process. This webinar supports OJJDP's mission to prevent and respond to youth delinquency and victimization. The availability and popularity of ghost guns has multiplied in recent years.  Youth are increasingly found in possession of ghost guns. By training local prosecutors and aligned juvenile justice professionals about the threat ghost guns pose in the community, the information can be disseminated throughout the community. Community gun violence prevention efforts can be supplemented with this information. Youth may not be aware of the consequences of ghost gun possession or may not be concerned about the consequences relative to other concerns. This training will better equip prosecutors to recognize the signs of ghost guns in their community, and to respond accordingly, depending on the facts of the case. OJJDP helps states, localities, and Tribes develop effective and equitable juvenile justice systems that create safer communities and empower youth to lead productive lives.  This training furthers this mission by allowing prosecutors to consider gun violence prevention and intervention efforts in their community and diversion opportunities for youth whose cases do not merit filing of petitions. 

Learning Objectives: 

(1) How to recognize ghost gun evidence in a police report and evidence sheet;

(2) How to assess a ghost gun case for charging: (a) which charges are appropriate, if any; (b) can you prove the requisite mental state and how might that be tricky? (c) Is this case appropriate for a diversion? Does the suspect/youth involved demonstrate eligibility or appropriate for diversion? 

(3) How will you present the case in court?  Will you need an expert?  Who will you need to prep re. clearing the weapon, guaranteeing safety of the courtroom?

Cost: 

Members: Free

Non-Members: Free

If you would like to become a member, please join here!

On-Demand Access: 

This webinar was made available for On-Demand viewing by NDAA with the help of OJJDP's NTTAC.

Attribution & Disclaimer: 

This project is supported by Grant #2019-MU-MU-K002 awarded by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), Office of Justice Programs, U.S. Department of Justice.

The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice.

OJJDP Priorities

•Treating Children as Children 

•Serve Children at Home, with their Families, In their communities 

•Open Up Opportunities for Young People Involved in the Justice System