What are Ghost Guns?

According to BU, ghost guns are untraceable firearms that lack serial numbers and are assembled from components purchased as kits or individual parts [1].

These firearms are fully functioning guns that are as lethal as a fully finished, serialized firearm. These parts and kits have long been intentionally marketed as unregulated and untraceable to appeal to those who seek to use them in crimes

In August 2022, a rule implemented by the Biden-Harris administration took effect, requiring ghost gun kits and certain parts to be serialized, sold by licensed dealers, and subject to Brady Background Checks.

Ghost guns, often made from unfinished frames or receivers that can be easily completed, pose significant challenges for law enforcement, as their unregulated nature makes them difficult to trace when recovered at crime scenes.

Ghost Guns in California: Legal Reforms and Regulations

According to Giffords, California has been at the forefront of a growing ghost gun crisis, as companies exploited legal loopholes in the definition of “firearm” to sell unfinished DIY gun kits that bypass the state’s strict gun safety laws [2].

In 2022, California built on some narrower laws by enacting comprehensive legislation to strongly reform and regulate the ghost gun industry and address this crisis.1 Many of California’s new ghost gun reforms took effect immediately when the Governor signed AB 1621 into law on June 30, 2022, while some other critical provisions will become effective on January 1, 2023

These new laws, some of which took effect immediately and others on January 1, 2023, ensure that both completed and unfinished frames and receivers, known as “firearm precursor parts,” are subject to the same rigorous regulations as fully assembled firearms, requiring manufacturers to obtain proper licenses and adhere to enhanced safety standards.

Laws Governing the Sale of Ghost Gun Kits and Components

In 2022, California significantly strengthened its laws regulating ghost gun kits and their key components, with many provisions taking effect on June 30, 2022. Under these new laws, the sale, transfer, and manufacture of both completed and unfinished frames or receivers are now treated similarly to fully assembled firearms.

This includes mandatory in-person ID checks, background checks, sale records, firearm safety certificate requirements, bulk purchase limitations, and waiting periods. Additionally, individuals who are legally prohibited from purchasing fully assembled firearms due to age, criminal history, or other disqualifications are also barred from obtaining both completed and unfinished frames or receivers.

Importantly, California law now defines unfinished frames or receivers more broadly too, to include “any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled or converted

It is generally unlawful to sell or transfer ownership of any unserialized firearm, including unfinished frames or receivers, that lacks a federal serial number imprinted by a licensed manufacturer or importer.

As of January 1, 2023, California law also prohibits the manufacture, distribution, or sale of any firearm or firearm precursor part that does not have a required serial number or has had its serial number altered or removed, ensuring that only serialized and traceable products are available in the state.

California Ghost Gun Charge Penalties

A ghost gun violation in California is considered a wobbler offense, meaning it can be prosecuted as either a misdemeanor or a felony.

If charged as a misdemeanor, the penalty includes up to one year of imprisonment in a county jail.

However, if charged as a felony, sentencing falls under California Penal Code 1170(h) PC, which allows the judge to impose a county jail term of 16 months, two years, or three years.

In addition to incarceration, a conviction under PC § 24610 may result in a fine ranging from $1,000 to $10,000.

Defending Against Ghost Gun Charges in California

If you’re facing ghost gun charges in California, a criminal defense attorney can guide you through the legal process and safeguard your rights.

Possible defenses include:

Challenging the Legality of Search and Seizure: The Fourth Amendment protects you from unlawful searches and seizures. Your attorney can argue that the police lacked reasonable suspicion or probable cause, making any evidence obtained inadmissible.
Contesting the Admissibility of Evidence: During pretrial hearings, your defense lawyer can cross-examine witnesses and challenge the sufficiency of the evidence, potentially preventing the case from going to trial.
Proving Lack of Knowledge or Intent: If you were restoring a family heirloom and inadvertently purchased parts that could be construed as assembling a ghost gun, your attorney can argue that you had no intent to violate the law.
Demonstrating Compliance with Laws and Regulations: By showing that you provided a firearm description, obtained a valid firearm safety certificate, and properly serialized the firearm within the required timeframe, your attorney can argue that you were in full compliance with California’s gun laws, potentially avoiding criminal charges.

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References:
1. https://www.bradyunited.org/resources/issues/what-are-ghost-guns
2. https://giffords.org/lawcenter/state-laws/ghost-guns-in-california/

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