You pull into a gas station, unaware that your backpack holds more than snacks and receipts. Moments later, blue and red lights flash, and a search reveals an unregistered, self-assembled firearm. You did not think of it as a crime. But now, you are wondering, What happens if you get caught with a ghost gun?
In short, the consequences can be severe. California has some of the nation’s strictest firearm regulations, and ghost guns or firearms lacking serial numbers and made from do-it-yourself kits are no exception. Knowing what counts as illegal possession is often the first step toward avoiding harsh penalties.
What Qualifies as a Ghost Gun Under California Law?
A ghost gun is typically a homemade or self-assembled firearm made from parts, often purchased online, that is not registered and also lacks a serial number. These guns are not traceable and fall outside the traditional regulatory framework for firearms.
In California, a firearm without a unique serial number or an identifying mark issued by the state’s Department of Justice (CALDOJ) is classified as an “unserialized firearm.” This classification includes firearms created with 80% lower receivers or unfinished frames.
Since July 1, 2018, California has required individuals to apply for a CALDOJ-issued serial number before assembling a firearm at home. Selling or transferring ghost guns is also strictly prohibited.
Are Ghost Guns Illegal in California?
Yes, with a few exceptions. As of 2022, state law prohibits possessing, manufacturing, selling, or transferring ghost guns without a CALDOJ-issued serial number. This includes kits or parts to assemble into a functioning firearm
.
It’s important to note that even partially built firearms, including unfinished frames and receivers, may qualify as firearms under California law if readily convertible into a working gun.
Common Examples of Ghost Guns in California
Ghost guns come in many forms. Knowing what qualifies can help clarify what the law prohibits.
Some common examples of ghost guns in California include:
- A pistol made at home from a kit with no serial number. These kits are widely sold online and can be assembled in a few hours.
- A rifle built using an 80% lower receiver and drill kit. California law may still classify this rifle as a firearm even if it is not fully assembled.
- A gun bought from someone without a background check or registration paperwork. Private sales without CALDOJ compliance violate multiple state statutes.
Even unintentional possession of a ghost gun can trigger an arrest in California.
What You are Facing If Caught with a Ghost Gun
If you are caught with a ghost gun, here is what you could be facing:
- Possession of an unserialized firearm can be a misdemeanor or felony,
- Manufacturing a firearm without CALDOJ authorization is typically a felony,
- Possession of a firearm by a prohibited person (e.g., a felon or someone with protective orders) can trigger enhanced penalties, and
- Additional charges may apply if you used the ghost gun to commit another crime.
Depending on the case, penalties might include:
- Up to three years in prison,
- Fines of up to $10,000,
- Probation and mandatory firearm relinquishment, and
- Confiscation and destruction of the weapon.
The California Attorney General has highlighted the serious public safety threat posed by ghost guns, resulting in courts typically treating such cases with great seriousness.
Legal Defenses to Ghost Gun Charges
The facts determine your ghost gun defense, and the right approach could mean the difference between jail time and a fresh start. Common defenses used by experienced attorneys include the following:
- Lack of knowledge. If you did not know the item was a firearm or did not know it was prohibited, your attorney may argue a lack of intent.
- No functionality. If the firearm was not operational or fully assembled, your attorney may challenge whether it meets the definition of a firearm.
- Unlawful search or seizure. If police discovered the weapon through an illegal search, the evidence may be inadmissible.
Not every arrest leads to a conviction. An experienced defense strategy can help you reduce or dismiss charges.
A Proven Defense in Firearm Cases
At The Law Offices of Kerry L. Armstrong, APLC, we understand how quickly a ghost gun charge can threaten your record, freedom, and future. We’ve taken more than 100 cases to jury trial and built a reputation for strategic, aggressive defense in complex criminal matters.
Kerry L. Armstrong is a board-certified criminal law attorney who earned Best Lawyers® and Best Law Firms® honors for 2024. We bring compassion to your case and fight like your life depends on it because sometimes, it does.
Caught with a Ghost Gun? We Can Help
What happens if you get caught with a ghost gun? You are likely already under legal pressure.
Contact us today and let us help you understand your options and fight back before the system decides. A strong defense strategy can alter the entire course of your case.
Preguntas frecuentes
Can I Legally Build a Gun at Home in California?
Yes, but only under strict conditions. Before building, you must apply for a serial number from CALDOJ and follow all California registration laws.
What Happens If a Ghost Gun Is Found During a Traffic Stop?
You can be arrested on the spot if officers have probable cause to believe the firearm is unregistered or illegal. Additional charges may apply depending on your record or other items found.
Are Ghost Guns Treated the Same as Regular Firearms in Court?
Yes. Under California law, ghost guns are considered firearms subject to the same regulations and penalties.
Resources:
- Prohibited Weapons, Cal. Penal Code §16590 (2022), link.
- Definition of Firearm, Cal. Penal Code §16520 (2024), link.
- Unserialized Firearms, Cal. Penal Code §16531 (2022), link.
- Giffords Law Center, Ghost Guns in California, (December 2023), link.
- Judicial Council of California Criminal Jury Instructions, CALCRIM-No. 2500 (2025), link.
- State of California Department of Justice, Legal Requirements for Self-made Firearms, link.
- State of California Department of Justice, Attorney General Bonta: Ghost Guns are Firearms and Need to Be Regulated Under Federal Law, (March 2024), link.
- Injury Epidemiology Journal, Ghost guns and crime: a tale of two California cities (May 2024), link.
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