What Happens if You Get Caught With a Privately Made Firearm or Ghost Gun?  (2024)

Posted in California Law on May 31, 2022

Self-assembled or otherwise privately made firearms or so-called “ghost” guns are not illegal to own in the state of California, provided the owner goes through the process to register the ghost gun with the California Department of Justice (DOJ). Laws requiring these guns to be registered were passed in 2018. Up until that time, guns of this type were technically legal to own, lawyers that specialize in gun crime defense can help navigate these complex laws.

What Happens if You Get Caught With a Privately Made Firearm or Ghost Gun? (1)

DOJ Requirements for Self-Assembled Guns

Ghost guns or self-assembled guns in the state of California must be issued a unique serial number or mark of identification by the DOJ, per state law. Applicants for these serial numbers must:

  • Possess a firearms safety certificate
  • Pass a firearms eligibility background screening to verify their eligibility to possess guns under California and federal law
  • Be at least 21 years of age and present proof of identity and age
  • Provide the DOJ with a description of the gun they plan to assemble or manufacture.

Once the applicant receives the DOJ’s serial number, then the applicant must permanently affix or engrave the serial number to the ghost gun within 10 days of assembly or manufacture. The person who applies for the serial number must then supply the DOJ with info about the now-serialized gun, including ownership info. Generally, ghost guns cannot be transferred or sold and are solely intended for personal use.

If a person is found to be in possession of a non-serialized gun, they must apply to the DOJ for serialization or surrender the gun to law enforcement officers. Under the 2018 legislation regarding ghost guns, persons and companies are prohibited from knowingly aiding, abetting, facilitating, or allowing the assembly or manufacture of a firearm by a person who is prohibited from owning or possessing such a weapon.

The law also strictly prohibits people from assembling weapons that are prohibited in the state, including machine guns, assault rifles, and handguns that have not been tested and certified under the Unsafe Handgun Act. Legislation that further regulates the sale of self-assembled gun frames and receivers—also known as firearms precursor parts—is slated to be implemented across the state beginning with the new fiscal year on July 1, 2022.

Facing Gun Charges?

In the state of California, all firearms charges are serious, including those involving unregistered or non-serialized guns, since the state takes a hard stance on firearms offenses. You can face hefty fines and even jail time if you are convicted of a gun-related offense. In addition, a gun crime can remain on your record for many years or even life.

At the Law Offices of Graham Donath, we know just how serious gun crimes are in the state of California. If you are facing a gun charge, even a charge that seems as simple as possessing an unregistered firearm, you need representation by an experienced attorney who understands the complex gun laws in the state. Let our team help you. Request a confidential consultation or give us a call in Riverside at 951-667-5293 or Orange County at 714-758-5293 to discuss your case in greater depth.

What Happens if You Get Caught With a Privately Made Firearm or Ghost Gun?  (2024)

FAQs

What Happens if You Get Caught With a Privately Made Firearm or Ghost Gun? ? ›

Finally, if you are caught with a ghost gun as a prohibited person under either Pennsylvania state law or federal law, you could face felony charges carrying a long potential prison sentence.

What are the consequences of owning a ghost gun? ›

This means that if you are found in possession of a ghost gun that you have created or had someone else create for you, you could be breaking the law. The penalties for violating this law are significant. A first offense may constitute a gross misdemeanor, which can carry heavy fines and possible jail time.

How much time do you get for a ghost gun? ›

If you are convicted of this charge as a misdemeanor, you could be sentenced to up to one year in County Jail. If you are convicted of this charge as a felony, you could be sentenced to up to 16 months, 2 or 3 years in a County Jail Prison, pursuant to PC 1170(h).

What happens if you defend yourself with a ghost gun? ›

Facing Gun Charges? In the state of California, all firearms charges are serious, including those involving unregistered or non-serialized guns, since the state takes a hard stance on firearms offenses. You can face hefty fines and even jail time if you are convicted of a gun-related offense.

What happens if you get caught with a ghost gun in GA? ›

Thus, you should brace yourself for the impacts of these regulations once they become law because if you're caught with a ghost gun, you could face both state and federal weapons charges.

What if you already own a ghost gun? ›

People who already own ghost guns can still have them, so long as they aren't legally prohibited from owning guns. But any dealers that have ghost guns in their inventory must serialize them, as well as any unserialized ghost guns they acquire in the future.

What states ban ghost guns? ›

THE ANSWER. “Ghost guns” are unregulated in most states, except for New York, New Jersey, Washington, Connecticut, Massachusetts, Virginia and California, where local laws subject them to the same scrutiny as other firearms.

What does 🔫 mean? ›

The Pistol emoji (🔫) is an emoji usually displayed as a green or orange toy gun or water gun, but historically was displayed as an actual handgun on most older systems.

What is the new ghost guns law? ›

Specifically, the rule makes it clear that weapon parts kits and partially complete frames or receivers — the key building blocks for ghost guns — are “firearms” under the Act if they can be readily converted to function as such or are sold with a compatible jig or template.

Can I have a ghost gun at 18? ›

Ghost gun kits or components are typically purchased online and assembled at home. Assembled ghost guns are also being sold on the street. There are no age restrictions or background checks for purchasing ghost gun kits or component parts. Once assembled, the gun has no serial number, making the gun difficult to trace.

Do ghost guns count as firearms? ›

Unserialized and untraceable ghost guns have always been illegal. Specifically, this rule clarifies that the federal definition of “firearm” includes ghost gun kits and some unfinished frames and receivers. These sensible reforms will have an immediate and tangible impact on the effort to prevent gun violence.

Why would someone want a ghost gun? ›

A person can buy the parts and assemble a ghost gun without even receiving a background check. They are becoming a weapon of choice for violent criminals, gun traffickers, and other legally prohibited persons.

Are guns without serial numbers illegal? ›

Under federal law it is illegal to buy or sell a firearm without serial numbers. For the person who built the firearm to sell it, they would first have to have the firearm serialized. Whether it's private sale or ffl is irrelevant in this situation.

What is the ghost gun bill in Oregon? ›

The state enacted a prohibition on untraceable ghost guns and 3-D printed guns in 2023, targeting a growing and dangerous part of the gun industry.

How much time for having a ghost gun? ›

The penalties for failing to comply with PC 29180 vary depending on what kind of firearm resulted in the violation. If the firearm is a handgun, a violation of this section is punishable by: Up to $1,000 in fines and/or. Up to 1 year in county jail.

What guns are illegal in GA? ›

Georgia Code 16-11-122 and 16-11-124(4) prohibit the possession of a short barreled rifle or shotgun, silencer, explosive device, or machine gun. Exempt from this prohibition are persons authorized to possess such an item because he has registered it in accordance with the National Firearms Act.

What is the new ghost gun law? ›

The unserialized weapons allow unlicensed manufacturers and illegal possessors to bypass state laws, including California's requirements on firearm ownership recording and background checks, rendering them largely untraceable by law enforcement.

Why are ghost guns an issue? ›

That is when firearm sellers in California began offering unfinished receivers for the AR-15 and AK-47 series of guns, in an attempt to circumvent the state's assault weapons laws, according to T. Christian Heyne, the vice president for policy at Brady, a gun violence prevention organization.

What happens if you get caught with a ghost gun in PA? ›

If a person who is not supposed to be in possession of a firearm conceals the weapon at the time of committing the offense or has previously been convicted of the same crime, the defendant can be charged with a first-degree felony, punishable by a maximum of more than ten years imprisonment.

What happens if you get caught with a ghost gun in NY? ›

If you are found to possess a ghost gun without a license, whether it be at your home or your place of business, you could potentially face a Class E felony charge. Conviction of a Class E felony can mean up to 4 years in prison, fines, loss of civil liberties, and difficulty securing a job and housing.

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