What Happens If You Get Caught with a Ghost Gun in California?
Caught with a Ghost Gun in California? Here’s What You Need to Know
Possessing a ghost gun in California is a serious criminal offense that can result in felony charges, firearm bans, and even prison time. While “ghost guns” and “guns without serial numbers” are often used interchangeably, both refer to privately made, untraceable firearms that do not comply with California’s strict gun laws. These weapons are increasingly targeted by law enforcement and prosecutors across the state—especially in Los Angeles County.
Understanding the law, the potential penalties, and your legal rights is essential if you or someone you know is under investigation for ghost gun possession.
What Is a Ghost Gun in California?
A ghost gun is a firearm that lacks a commercially engraved serial number and is typically assembled from individual parts—often purchased online or manufactured using 3D printing technology. These guns are not sold by licensed dealers and are not registered with the California Department of Justice (DOJ), making them difficult for law enforcement to trace.
Under California law, a ghost gun is usually:
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A firearm without a serial number;
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Privately made or assembled (not manufactured by a licensed dealer);
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Unregistered with the state;
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Often constructed using “80% lower receivers” or unfinished frames.
Ghost guns may function the same as traditional firearms, but their lack of traceability makes them illegal to possess or manufacture unless certain legal requirements are met.
Are Ghost Guns Illegal in California?
Yes. Under California law, most ghost guns are illegal to possess, sell, or manufacture unless they have been properly serialized and registered. Multiple state laws govern how ghost guns are treated, with increasing penalties enacted in recent years to crack down on untraceable firearms.
Key California Ghost Gun Laws:
Penal Code 29180
Anyone who manufactures or assembles a firearm must apply for a unique serial number from the California DOJ. The serial number must then be engraved onto the firearm in accordance with federal standards. Possession of an unserialized firearm is a crime.
Assembly Bill (AB) 879 – Effective July 1, 2022
Requires precursor firearm parts (such as unfinished receivers) to be sold only by licensed vendors and subject to background checks.
Assembly Bill (AB) 1621 – Effective January 1, 2023
Expands restrictions on ghost gun parts and prohibits the possession, purchase, or transfer of unserialized firearms or firearm precursor parts.
These laws apply to all individuals—including private gun builders and hobbyists—regardless of whether the firearm was intended for personal use or resale.
What Is the Penalty for Having a Ghost Gun in California?
Possessing, manufacturing, or selling a ghost gun in California can be charged as a misdemeanor or felony depending on the circumstances. These offenses are often considered “wobblers”—meaning prosecutors have discretion to charge them as either misdemeanors or felonies.
Possession of an Unserialized Firearm – Penal Code 29180
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Misdemeanor: Up to 1 year in county jail and a fine of up to $1,000
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Felony: 16 months, 2 years, or 3 years in state prison
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Possible firearm prohibition under California and federal law
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Potential immigration consequences for non-citizens
If other offenses are involved—such as possession by a prohibited person, possession of a loaded firearm, or firearm trafficking—additional charges and sentencing enhancements may apply.
Common Scenarios That Lead to Ghost Gun Charges
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During a vehicle search where an unserialized firearm is discovered
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Firearm found during execution of a search warrant at home or business
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Weapons possession discovered during another arrest (e.g., drug or gang charges)
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Purchase or assembly of firearm parts traced back to the individual
It’s important to note that even if the firearm was never fired or used in a crime, simply possessing or building a ghost gun without complying with serialization laws can lead to criminal prosecution.
Defenses to Ghost Gun Charges in California
Unlawful Search or Seizure
If law enforcement discovered the firearm through an illegal search—without a warrant or probable cause—your attorney can move to suppress the evidence, which may lead to a dismissal.
Lack of Knowledge
Prosecutors must prove you knowingly possessed or manufactured the ghost gun. If you were unaware of the gun’s condition or didn’t know it lacked a serial number, this may be a viable defense.
Possession by Another Party
In shared homes or vehicles, it may be possible to argue that the firearm belonged to someone else and was not in your control.
Compliance with DOJ Requirements
If the firearm had a serial number applied or was submitted for serialization prior to arrest, it may be possible to show lawful compliance with California’s ghost gun laws.
Mistaken Identity or Fabrication
In some cases, especially involving online orders or kit parts, mistaken identity or false accusations may play a role in ghost gun-related arrests.
What Happens If You Get Caught with a Ghost Gun?
Being caught with a ghost gun in California often leads to swift legal action. Law enforcement takes these cases seriously, particularly in Los Angeles County, where ghost gun enforcement is a top priority.
Typical Law Enforcement Response:
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Immediate seizure of the firearm
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Arrest or citation at the scene
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Referral to the District Attorney’s Office for formal charges
Depending on the circumstances—such as where the gun was found, whether it was loaded, or if other crimes are suspected—officers may conduct further investigation or execute additional search warrants.
Additional Legal Exposure:
Beyond basic possession charges, prosecutors may pursue enhanced or additional charges, including:
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Possession of an illegal firearm
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Possession by a prohibited person
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Firearm trafficking
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Gang or organized crime enhancements
What to Do If You’ve Been Arrested for a Ghost Gun in Los Angeles
If you’ve been arrested or are under investigation for a ghost gun in Los Angeles or elsewhere in California, do not speak to police or investigators without a lawyer present. These cases can move quickly, and early legal intervention is critical to protecting your rights.
Potential outcomes may include:
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Dismissal of charges due to lack of evidence or illegal search
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Reduction from felony to misdemeanor
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Diversion programs for eligible first-time offenders
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Probation in lieu of jail or prison
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Avoidance of a permanent firearm ban
Facing Ghost Gun Charges? Speak with a Los Angeles Criminal Defense Attorney Today
If you’ve been arrested or are under investigation for possessing, manufacturing, or selling a ghost gun, the legal consequences can be severe. California prosecutors are aggressively pursuing these cases, and convictions can result in jail or prison time, firearm bans, asset seizures, and long-term damage to your record.
Attorney Hashemi has over 20 years of experience representing clients in complex firearms and weapons cases throughout Los Angeles. He understands how ghost gun charges are investigated and prosecuted—and how to build strong legal defenses that challenge unlawful searches, flawed evidence, and overreaching charges.
Whether you’re facing a first-time offense or are already being charged, early legal representation can make a critical difference in the outcome of your case. We will evaluate your situation, protect your rights, and fight to minimize the impact on your future.
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