What Are Ghost Guns?

Ghost guns are untraceable weapons with no serial numbers, assembled from components purchased separately or as part of a kit. If you’re charged with owning or selling a ghost gun in Southern California, you must have the services of a Los Angeles weapon crimes attorney. Ghost guns are fully functioning firearms that are as deadly as firearms with serial numbers purchased from licensed gun dealers. What are the laws governing ghost guns in California? What are the penalties for possession of a ghost gun in this state?

If you or someone you know in Southern California has been arrested or is under investigation for possessing or selling a ghost gun, get help today.

How Serious is the Ghost Gun Problem?

The number of ghost guns recovered from California crime scenes has significantly increased since 2013. In 2024, the California Department of Justice released statistics on ghost gun recoveries by California law enforcement officers from 2013 through 2023. In 2013, three ghost guns were recovered in this state, and eleven were confiscated in 2014.

However, California law enforcement officers recovered more than 5,000 ghost guns in 2020 and more than 10,000 in both 2021 and 2022. From 2017 to 2021, California accounted for 53 percent of the ghost guns recovered nationwide.

What Are California’s Ghost Gun Laws?

Ghost guns lack engraved serial numbers and are assembled from parts purchased online or manufactured with 3D printing technology. They are not sold by licensed dealers or registered with the State of California, making them difficult for law enforcement officials to trace.

Owning, selling, or manufacturing a ghost gun in California is illegal unless it is serialized and registered. Several state laws address how ghost guns are handled in California:

  1. Penal Code 29180 requires anyone who manufactures or assembles a firearm to apply for a unique serial number from the state Department of Justice. The serial number must be engraved on the weapon according to federal standards.
  2. Assembly Bill 879 requires firearm parts to be sold only by licensed dealers and requires purchasers to undergo background checks.
  3. Assembly Bill 1621, which took effect in 2023, expands legal restrictions on gun parts and makes illegal the purchase, possession, or transfer of unserialized weapons or weapon parts.

What Are the Penalties for Ghost Gun Violations?

Ghost gun offenses are “wobblers” in California law, which means a prosecutor may charge the possession, manufacture, or sale of a ghost gun as a misdemeanor or as a felony, depending on the details of the case.

If the possession, sale, or manufacture of an unserialized firearm is charged as a felony, a conviction may result in up to three years in prison. If the charge is a misdemeanor, a conviction may result in up to a year in jail and a fine of up to $1,000.

A convicted offender may also be banned from possessing firearms in the future. Convicted offenders who are not U.S. citizens face the possibility of removal. If you hold a professional license in California, a conviction for possessing, manufacturing, or selling a ghost gun will probably prompt disciplinary action from your professional licensing board.

Are You Facing a Ghost Gun Charge?

If the police arrest you for the possession, sale, or manufacture of a ghost gun in Southern California, you’ll need help immediately from a Los Angeles weapon crimes attorney. Ghost gun recovery is a law enforcement priority, and the courts seldom offer leniency in these cases.

If law enforcement officers place you under arrest, exercise your rights, and do not speak to the police unless your lawyer is present. You can say, for example, “I prefer not to answer questions until my lawyer can be here,” but say nothing more.

Your lawyer will investigate the case, review the evidence, speak with any witnesses, and advise you regarding your rights and options. Your lawyer may negotiate a plea agreement if the case against you is persuasive. In most cases, if you take a plea bargain, you’ll enter a guilty plea to a lesser charge and, in exchange, receive reduced or alternative sentencing.

What if You’re Innocent?

In most cases, you should not agree to a plea bargain if you are innocent. Instead, insist on your right to a jury trial. If the case goes to trial, your Los Angeles firearms lawyer will probably offer one of these defenses on your behalf:

  1. You had no criminal intent: This defense may prevail if you did not know the weapon was a ghost gun or lacked a serial number. To convict you, a prosecutor must prove you knowingly manufactured, possessed, or sold a ghost gun.
  2. The search and seizure were illegal: If the police find a ghost gun in an illegal search with no warrant or probable cause, your lawyer may ask the court to suppress any evidence found in that search. If the court suppresses key evidence, it may dismiss the charge.
  3. You complied with California law: If the weapon had a serial number engraved or was submitted for serialization before your arrest, your attorney may argue that you complied with California’s ghost gun laws.
  4. Another party owned the weapon: If you share a residence or vehicle, your attorney may argue that the ghost gun belonged to another party and was not under your control.
  5. You’ve been misidentified: In cases involving online orders, you could be mistaken for someone with the same or a similar name. If someone stole your credit card, the person who stole the card may be the guilty party.

Bring Your Ghost Gun Case to the Miranda Rights Law Firm

If you’re facing a ghost gun charge or another weapons charge in the Los Angeles area, you must be defended by an attorney who has substantial experience and a passionate commitment to justice. Bring your ghost gun case to the Miranda Rights Law Firm.

Since 2001, Los Angeles criminal defense lawyer Douglas Miranda has handled thousands of criminal cases. If you are facing a ghost gun charge, you cannot risk your freedom with an inexperienced defense attorney.

Attorney Douglas Miranda will prepare an aggressive, effective strategy for your defense and bring your ghost gun case to its best possible outcome.

Call 213-255-5838 to book a free consultation of your case with the Miranda Rights Law Firm. Se Habla español.