What Is an Undetectable Firearm Under California Law?

Penal Code 24610 PC prohibits any person from manufacturing, importing, keeping for sale, offering for sale, giving, lending, or possessing an undetectable firearm. A firearm is considered undetectable if it lacks sufficient metal components to be identified by commonly used security screening equipment, such as walk-through metal detectors or X-ray systems.

According to the statute:

“Any person in this state who manufactures, imports into the state, keeps for sale, offers for sale, gives, lends, or possesses any undetectable firearm is guilty of a public offense.”
— California Penal Code § 24610

Examples of weapons that may be considered undetectable include:

• Fully 3D-printed plastic handguns

• Ceramic firearms with minimal or no metal parts

• Hybrid weapons built from legal components but modified to avoid detection

• Homemade guns assembled from kits without detectable metal parts

What separates these weapons from so-called “ghost guns” is not the serial number or registration issue, but the fact that they are not visible or identifiable through standard screening. This is why even privately made or never-used firearms can still result in criminal charges under this law.

Common Ways People Are Charged with Possessing an Undetectable Firearm

Undetectable firearm charges can arise in a variety of situations. In many cases, the person charged had no idea the firearm they possessed was even illegal. Law enforcement and prosecutors treat these cases seriously regardless of whether the weapon was used or brandished.

Here are some of the most common scenarios that lead to PC 24610 charges:

• A plastic or ceramic gun is discovered in carry-on luggage during TSA screening at LAX or another California airport

• LAPD or sheriff’s deputies find a polymer-based handgun during a traffic stop or probation search

• A 3D-printed weapon is recovered during the execution of a search warrant, often unrelated to firearms

• Officers respond to a domestic dispute or noise complaint and find a non-metallic weapon in a residence

• A firearm assembled from an online kit is reported or discovered through an anonymous tip or social media post

• The weapon is found in a backpack, glove compartment, or shared living space and attributed to one individual

You don’t need to be involved in gang activity or violent crime to be charged under PC 24610. These charges often catch first-time gun owners or hobbyists by surprise, particularly those experimenting with 3D printing or building guns at home. Even if there was no intent to break the law, possession alone can be enough to trigger criminal charges.

If any of these situations applies to your case—or you’ve been accused under similar circumstances—speak with a qualified defense attorney immediately. There may be options to challenge the legality of the search, the classification of the weapon, or your knowledge of the item’s characteristics.

Penalties for Violating Penal Code 24610 PC

Possession of an undetectable firearm is considered a “wobbler” offense under California law. This means the charge can be filed as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s prior criminal history.

The prosecution’s decision to charge the offense as a misdemeanor or a felony typically depends on factors such as:

• The nature and design of the firearm

• Whether the firearm was operable

• Where the firearm was found (e.g., airport, school, or other sensitive location)

• Whether the firearm was found in connection with another offense

• The defendant’s prior convictions, especially those related to weapons or violence

Misdemeanor Penalties:

• Up to 1 year in county jail

• A fine of up to $1,000

• Summary (informal) probation

• A permanent criminal record

• Possible restrictions on future firearm ownership

Felony Penalties:

• 16 months, 2 years, or 3 years in county jail (pursuant to California’s realignment laws)

• A fine of up to $10,000

• Formal probation

• A lifetime ban on firearm ownership in many cases

• Potential immigration consequences for non-citizens

• Additional consequences related to employment, professional licensing, and background checks

In some cases, the penalties may be enhanced if the firearm was discovered in a school zone, government building, or transportation hub like an airport. If other charges are filed in connection with the firearm—such as drug offenses or gang enhancements—the consequences can become significantly more severe.

Even a misdemeanor conviction under Penal Code 24610 can carry long-term consequences. It is critical to have a knowledgeable defense attorney assess whether the charge can be reduced, dismissed, or challenged based on the evidence.

Legal Defenses to Possession of Undetectable Firearms

You Didn’t Know the Firearm Was Undetectable

Knowledge matters. If you didn’t know the weapon was made of non-detectable materials—or if it appeared to be a standard, legal firearm—you may have a valid defense. This often applies in cases involving secondhand purchases or 3D-printed components.

The Weapon Doesn’t Meet the Legal Definition

Not all plastic or polymer firearms qualify under PC 24610. If the weapon includes enough metal to be detected by conventional screening, your attorney may argue that it falls outside the scope of the statute.

Illegal Search or Seizure

If law enforcement found the firearm during an unlawful stop, search, or seizure—without a warrant or valid legal justification—the evidence could be thrown out. This is a powerful defense that can lead to suppression of the gun and dismissal of charges.

You Were Not in Possession

Prosecutors must prove you knowingly possessed the weapon. If the firearm was found in a shared space (like a car or home), and there’s no direct evidence tying it to you, constructive possession may not hold up in court.

You Have a Legal Exception or Were in Transit

In rare cases, certain individuals (such as law enforcement or licensed dealers) may possess restricted firearms under limited circumstances. If you were transporting the weapon legally for inspection, disposal, or with intent to surrender it, your actions might not meet the threshold for a criminal charge.

Can a Penal Code 24610 Conviction Be Expunged in California?

Yes, in many cases, a conviction under 24610 PC can be expunged under California Penal Code 1203.4. An expungement updates your criminal record to show that the conviction was dismissed, which can help reduce the impact on employment, licensing, and background checks.

To qualify for expungement, you must:

• Have been convicted of 24610 PC as a misdemeanor, or a felony where probation was granted

• Successfully completed probation (or obtained early termination)

• Not currently be on probation or facing new charges

• Not have served time in state prison for the offense (unless it qualifies under realignment laws)

What an Expungement Can Do:

• Update your record to show the conviction was dismissed

• Help with job applications, state licenses, and housing

• Demonstrate rehabilitation to courts and government agencies

What an Expungement Does Not Do:

• It does not automatically restore firearm rights

• It does not seal the record entirely (sealing is a separate legal process)

• It may still appear on federal background checks

If you were convicted of possessing an undetectable firearm and have fulfilled your legal obligations, you may be eligible to file for expungement. Our office can review your eligibility and assist you with the process.

Arrested for Possessing an Undetectable Firearm? Get Legal Help from a Los Angeles Criminal Attorney

A conviction under 24610 PC for possessing an undetectable firearm can result in jail time, fines, and a permanent mark on your record—even if you had no intention of breaking the law. Prosecutors in Los Angeles treat these cases seriously, and charges are often filed as felonies based solely on the weapon’s design.

The sooner you involve a defense attorney, the more opportunities you may have to challenge the charges, negotiate alternatives, or avoid prosecution altogether.

Attorney Hashemi has been defending clients across Los Angeles County since 2003. He understands how firearm laws are applied in real-world cases and can help you make informed decisions before your case gains momentum. Every case is handled directly by Attorney Hashemi—no junior associates, no runaround.

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