Are Ghost Guns Illegal in California?
Direct Answer:
Yes, Ghost guns are illegal in California. In 2019, California passed a law that made it illegal to sell or manufacture certain types of ghost guns, also known as "unregistered firearms" or "frame-only" guns. These are firearms that are assembled from parts rather than manufactured as a complete firearm, making it difficult to trace the gun’s ownership or identify the manufacturer.
What are Ghost Guns?
Ghost guns, also known as unfinished receivers or "80% receivers," are partially manufactured firearms that lack small parts, such as a receiver, trigger group, or other components, which allows the buyer to complete the assembly of the weapon at home. This process is often referred to as "DIY" or "do-it-yourself" manufacturing. Ghost guns can be 80% or 100% complete, meaning they may have a functional trigger group, a receiver with a trigger, or a fully assembled firearm with the exception of small parts.
California Law:
California’s law, AB 1846 (2019), expanded the definition of a firearm in the California Penal Code by adding a new section that requires a serial number to be engraved or marked on all firearms. The law explicitly prohibits the manufacture or sale of a firearm that does not have a serial number or is not manufactured by a federal firearms license (FFL) holder. This legislation targeted the ghost gun industry, which had been operating in the state without proper regulation or oversight.
The law also establishes stricter requirements for dealers and manufacturers, including:
- Requiring dealers to keep a record of all firearm sales and provide this information to the California Department of Justice.
- Mandating that manufacturers and dealers who sell firearms in California must register with the state and pay a fee.
- Prohibiting the possession or sale of unserialized firearms.
Penalties for Possession or Sale of Ghost Guns:
Offenders face severe penalties, including:
- Felony charges for possession or sale of a ghost gun.
- Up to 3 years in prison and/or a fine of up to $10,000.
- Mandatory prison time of 2-5 years for repeat offenders.
What’s Next for Ghost Guns?
The legal battle over ghost guns is ongoing. While California has taken steps to address the issue, other states are considering similar legislation to restrict the possession and sale of ghost guns.
Key Takeaways:
- California’s law explicitly prohibits the manufacture, sale, and possession of ghost guns.
- Offenders face severe penalties, including felony charges and prison time.
- Other states are considering similar legislation to restrict the possession and sale of ghost guns.
- The legal battle over ghost guns is ongoing, with potential implications for the gun industry and gun ownership laws nationwide.
Will you be part of the solution or part of the problem? Stay informed about changes in gun laws and ensure you’re in compliance with regulations.