Los Angeles Ghost Gun Defense: Understanding California’s Ghost Gun Laws

Facing ghost gun charges in Los Angeles can lead to severe consequences, including jail or prison time, hefty fines, and a criminal record that impacts your employment and personal life. California Penal Code § 29180 and related laws regulate ghost guns—unserialized, privately made firearms often assembled from kits or 3D-printed components. California’s strict gun laws target these untraceable weapons due to their use in crimes. At Rogers | Beltran LLP, our experienced Los Angeles ghost gun defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain California’s ghost gun laws, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these serious charges.

What Are Ghost Guns in California?

Ghost guns are firearms that lack a commercially engraved serial number, making them untraceable by law enforcement. They are typically assembled from kits, 3D-printed components, or “80% receivers” (partially completed frames or receivers). California classifies ghost guns as firearms under PC § 16520, subjecting them to the same regulations as commercially manufactured guns. Key aspects include:

1. Ghost Gun Regulations (PC § 29180, AB 1621, AB 879)

  • Description: Since July 1, 2018, California requires individuals to apply for a unique serial number from the California Department of Justice (DOJ) before assembling a ghost gun. Assembly Bill (AB) 1621 (2022) bans the possession, sale, or transfer of unserialized firearms or precursor parts, effective January 1, 2023. AB 879 (2022) mandates that firearm precursor parts (e.g., 80% receivers) be sold only by licensed vendors with background checks.
  • Key Factors: It is illegal to manufacture, possess, sell, or transfer unserialized firearms or precursor parts without complying with these requirements.

2. Prohibited Acts

  • Description: California law prohibits:
    • Possessing an unserialized firearm.
    • Manufacturing or assembling a firearm without a DOJ-issued serial number.
    • Selling or transferring ghost guns or precursor parts without proper licensing.
    • Using 3D printers or CNC milling machines to manufacture firearms without a federal firearms manufacturer license (effective January 1, 2023).
  • Key Factors: These restrictions apply to hobbyists, private builders, and commercial entities.

3. Related Charges

  • Description: Ghost gun violations may be charged alongside related offenses, such as:
    • PC § 30605 (possession of an assault weapon).
    • PC § 25850 (carrying a loaded firearm).
    • PC § 29800 (possession of a firearm by a prohibited person).
  • Key Factors: Additional charges can increase penalties and complicate defense strategies.

What the District Attorney Must Prove in a Ghost Gun Case

To secure a conviction under PC § 29180 or related ghost gun laws, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

  1. Possession or Manufacture: You knowingly possessed, manufactured, or assembled an unserialized firearm or firearm precursor part.
  2. Lack of Serialization: The firearm or precursor part lacked a DOJ-issued or federally compliant serial number.
  3. No Compliance: You failed to apply for or engrave a serial number as required by law, or you sold/transferred the firearm without proper licensing.
  4. Intent or Knowledge: You were aware the firearm or part was unserialized or non-compliant (for possession or manufacturing charges).

The DA relies on evidence such as police reports, seized firearms, online purchase records, or witness testimony. An experienced Los Angeles ghost gun attorney at Rogers | Beltran LLP can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Ghost Gun Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 29180 and related charges. Common defenses include:

  1. Lack of Knowledge:
    • If you were unaware the firearm or part was unserialized or non-compliant, you may not be guilty.
    • Example: You purchased a kit believing it was legal and serialized.
  2. Compliance with DOJ Requirements:
    • If you applied for a serial number or were in the process of complying with DOJ regulations, you may not be liable.
    • Example: You submitted an application to the DOJ before your arrest.
  3. Possession by Another Party:
    • If the firearm belonged to someone else (e.g., in a shared home or vehicle), you may not be responsible.
    • Example: The ghost gun was found in a roommate’s possession, not yours.
  4. Illegal Search or Seizure:
    • If police obtained evidence through an unlawful search, it may be suppressed.
    • Example: Officers lacked probable cause to search your vehicle for the firearm.
  5. Mistaken Identity or False Accusations:
    • Charges may stem from misidentification or fabricated claims.
    • Example: A witness falsely accused you of possessing an unserialized firearm.
  6. Hobbyist Intent:
    • If you assembled the firearm for personal use and intended to comply with serialization laws, this may mitigate charges.
    • Example: You were a hobbyist unaware of the full legal requirements.

At Rogers | Beltran LLP, our Los Angeles ghost gun defense lawyers will thoroughly investigate your case to identify the most effective defense strategy.

Potential Penalties for Ghost Gun Violations in California

Penalties for ghost gun violations under PC § 29180 and related laws depend on whether the charge is a misdemeanor or felony and your criminal history. As of July 14, 2025, potential consequences include:

Misdemeanor Ghost Gun Violations

  • Jail Time: Up to 1 year in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, with conditions like community service or firearm surrender.
  • Firearm Prohibition: Ban on owning or possessing firearms under state and federal law.

Felony Ghost Gun Violations

  • Prison Time: 16 months, 2, or 3 years in state prison.
  • Fines: Up to $10,000 (plus fees).
  • Probation: Formal probation in some cases, with conditions like restitution or counseling.
  • Felony Record: Impacts employment, housing, and professional licenses.
  • Firearm Prohibition: Permanent ban on firearm ownership.
  • Additional Enhancements: If the ghost gun was used in a crime (e.g., assault or homicide), additional charges or sentencing enhancements may apply (e.g., PC § 12022.5, adding 3–7 years for firearm use).

Additional Consequences

  • Immigration Consequences: Non-citizens may face deportation or visa issues, especially for felony convictions.
  • Employment Challenges: A criminal record can limit job opportunities, particularly in roles requiring background checks.
  • Professional License Impacts: Affects licenses for professions like law, healthcare, or security.
  • Civil Lawsuits: Victims may sue for damages if the ghost gun caused harm, increasing financial liability (e.g., under SB 1327, allowing private citizens to sue for $10,000 per illegal firearm).

What Else Should You Know About Ghost Gun Laws in Los Angeles?

California’s ghost gun laws, strengthened by AB 1621 (2022) and other legislation, aim to curb the proliferation of untraceable firearms, which have been linked to violent crimes, including the 2013 Santa Monica College shooting and the 2019 Saugus High School shooting. Here are additional details to understand:

The Ghost Gun Charge Process in Los Angeles

  1. Investigation: Police investigate using seized firearms, online purchase records, forensic evidence, or witness statements, often involving specialized gun crime units.
  2. Arrest and Booking: You may be arrested and held without bail for felony charges or released on bail for misdemeanor charges.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges to lesser offenses like illegal possession (PC § 25850).
  4. No Diversion for Felonies: Judicial diversion is unavailable for felony ghost gun charges, making legal representation critical.

Key California Ghost Gun Laws

  • PC § 29180: Requires applying for a DOJ serial number before assembling a firearm, with eligibility checks (e.g., no firearm prohibitions, age 21+).
  • AB 1621 (2022): Bans possession, sale, or transfer of unserialized firearms or precursor parts; requires CNC milling machines to be used only by licensed manufacturers.
  • AB 879 (2022): Mandates that precursor parts be sold through licensed vendors with background checks, effective July 1, 2022.
  • SB 1327 (2022): Allows private citizens to sue for $10,000 per illegal ghost gun manufactured or distributed, modeled after Texas’s anti-abortion law.

Why You Need a Los Angeles Ghost Gun Attorney

Navigating ghost gun charges requires legal expertise due to complex regulations and severe penalties. An experienced attorney at Rogers | Beltran LLP can:

  • Challenge the prosecution’s evidence, such as proof of knowledge or possession, to seek dismissal or reduction of charges.
  • Argue compliance with DOJ requirements or lack of intent to violate the law.
  • Represent you in court to protect your rights and future.
  • Mitigate impacts on your employment, professional licenses, or immigration status.

How to Protect Yourself After a Ghost Gun Charge

  1. Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of DOJ applications, purchase receipts, or other evidence supporting compliance or lack of knowledge.
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.
  4. Comply with Court Orders: Follow bail conditions to avoid additional charges.

Los Angeles-Specific Considerations

  • Urban Context: Los Angeles’s high-crime areas (e.g., South LA, Downtown) and aggressive gun enforcement make ghost gun charges a priority for LAPD, with nearly 1,800 ghost guns seized in 2021.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Compton Courthouse, each with unique procedures.
  • Police Enforcement: LAPD uses advanced tools like forensic analysis and online purchase tracking, which can be challenged for procedural errors.

Contact Rogers | Beltran LLP for Expert Ghost Gun Defense in Los Angeles

California’s ghost gun laws under PC § 29180 and related statutes are complex and strictly enforced. At Rogers | Beltran LLP, our dedicated Los Angeles ghost gun attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing misdemeanor or felony charges, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.