What Is the Difference Between a Ghost Gun and an Unregistered Firearm in California?
Difference Between a Ghost Gun and an Unregistered Firearm in California
California has some of the strictest gun laws in the country, especially when it comes to unserialized firearms and weapons not legally documented with the state. Two terms often confused by the public—and sometimes even law enforcement—are “ghost gun” and “unregistered firearm.” While these phrases are sometimes used interchangeably, they have important legal distinctions under California law.
Here’s a breakdown of what each term means, how California treats them differently, and why understanding the difference could be critical if you’re facing a firearm-related charge.
What Qualifies as a Ghost Gun Under California Law?
A ghost gun is a firearm that is homemade or assembled from a kit, and does not have a serial number issued by a licensed manufacturer. These guns are often made using 80% lower receivers or 3D-printed components, which are not initially classified as firearms under federal law—making them easy to purchase without background checks.
In California, however, ghost guns are specifically regulated under state law:
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As of July 1, 2018, anyone who makes or assembles a firearm must apply for a unique serial number from the California Department of Justice (DOJ) and engrave it onto the weapon.
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As of July 1, 2022, all “precursor parts” (unfinished frames or receivers) are also regulated, requiring background checks and serialization when sold.
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Selling, transferring, or even possessing a ghost gun without a valid serial number is a crime under Penal Code §§ 29180–29184, and may also violate Penal Code § 16590 (prohibited weapons) or Penal Code § 30600 (assault weapon statutes), depending on the firearm’s configuration.
Ghost guns are often untraceable, which is why they’re treated as a public safety risk. Possessing or manufacturing one without proper compliance can lead to felony charges, even for first-time offenders.
What Is an Unregistered Firearm in California?
An unregistered firearm, on the other hand, refers to a gun that should have been registered with the California DOJ but was not. This applies mainly to handguns, as:
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All handgun transfers in California must go through a licensed dealer (via DROS process), which automatically registers the firearm to the purchaser.
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Long guns (rifles and shotguns) purchased before January 1, 2014 did not require registration, but now do if transferred or newly purchased.
Common situations that result in someone having an “unregistered firearm” include:
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A handgun legally purchased out of state and brought into California without notifying the DOJ within 60 days(Penal Code § 27560)
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A gun inherited or gifted without a licensed transfer
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Failure to register a self-built handgun (overlaps with ghost gun rules)
Unregistered firearms are typically not illegal to possess outright, unless required to be registered due to how or when they were acquired. But possessing an unregistered firearm in combination with another offense (e.g., carrying it concealed, or being prohibited from owning guns) can result in misdemeanor or felony charges.
Key Differences Between Ghost Guns and Unregistered Firearms
| Ghost Gun | Unregistered Firearm | |
|---|---|---|
| Serialized? | No serial number (until legally required) | May have a serial number, but not registered to owner |
| How acquired? | Self-built, 3D-printed, or assembled from parts | Legally purchased, inherited, or acquired elsewhere |
| Legality | Illegal without CA DOJ serial number | Illegal only if required registration was skipped |
| Regulated? | Heavily regulated since 2018 (PC §§ 29180–29184) | Mostly applies to handguns or post-2014 long guns |
| Charges possible? | Yes — often felony if unregistered or unlawful | Yes — usually misdemeanor unless other violations exist |
Can You Be Charged for Either in California?
Yes. California prosecutors routinely file charges for both ghost guns and unregistered firearms—especially in cases involving:
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Domestic violence restraining orders
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Probation or parole searches
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Traffic stops where a firearm is found
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Anonymous tips or social media surveillance
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Weapons discovered during unrelated investigations
Penal Code violations that may apply include:
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PC 29180 – Failure to serialize a self-manufactured firearm
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PC 27560 – Importing a firearm into California without registration
Frequently Asked Questions About Ghost Guns and Unregistered Firearms
Q: What happens if you get caught with a ghost gun in California?
A: If you’re caught with a ghost gun that doesn’t have a DOJ-issued serial number, you could face misdemeanor or felony charges. Penalties may include jail time, fines, and a permanent ban on firearm ownership. Ghost guns are considered untraceable and are illegal in California unless properly registered and serialized.
Q: Is it illegal to have an unregistered firearm in California?
A: It depends. Some firearms—such as handguns acquired through legal means—must be registered. If you fail to register a firearm that is required to be documented, you could face criminal charges, especially if it’s discovered during an arrest, traffic stop, or domestic dispute.
Q: Are ghost guns unregistered?
A: Yes. By definition, a ghost gun is unregistered and lacks a serial number unless the owner complies with California’s self-serialization laws. However, not all unregistered firearms are ghost guns.
Q: What does it mean to have an unregistered firearm?
A: In California, this usually means the gun was never entered into the DOJ’s system, either due to an improper transfer, importation from another state, or private sale. Unregistered firearms can be legal or illegal depending on how and when they were acquired.
Cited or Arrested for a Ghost Gun or Unregistered Firearm? Talk to a Los Angeles Criminal Defense Attorney
Being charged with possessing a ghost gun or an unregistered firearm is a serious offense in California. Even if you didn’t know the weapon needed a serial number or registration, prosecutors may still pursue felony charges—and the consequences can include jail time, fines, and a permanent loss of firearm rights.
At The Law Offices of Arash Hashemi, we’ve been defending clients against complex firearm charges in Los Angeles for over 20 years. We know how these cases are prosecuted, and we know how to challenge illegal searches, mistaken possession claims, and vague or outdated restrictions.
Contact us today for a free consultation. Attorney Hashemi will personally review your case, explain your legal options, and help you build a strong defense strategy.
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