Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

The Potential Legal Consequences for Owning or Manufacturing a Ghost Gun

A “ghost gun” is slang for any firearm that is not made by a typical gun manufacturer, is not registered, and does not have a serial number. In most cases, these guns are made by people in their own homes who do so as a hobby. However, some people acquire these unlawful guns with the intention of committing crimes.

Others purchase them not to commit crimes but when they know that possessing a legal gun would be a crime, such as is the case with certain people who have been convicted of felony charges, or a person who would otherwise not pass a background check. These are guns that cannot be traced due to their lack of serial number. When police discover a ghost gun, they often make assumptions about them. We strongly recommend a good criminal defense attorney if you have been accused of any crime involving a ghost gun.

It is Not always Illegal to Make Your Own Gun

In most states, including California, you can make your own gun. You can buy most components of a typical gun online or in local stores. However, you can only buy these parts if you are able to legally own a gun. Additionally, you are required to apply to the Department of Justice for a serial number. This number then must be engraved on the gun and the gun must be registered. Though there are a few specific exceptions, it is almost always illegal to sell a gun you have made at home – even if it has a serial number and has been registered.

Adding a Functioning Lower Receiver Requires Additional Steps

A semi-automatic weapon, such as an AR-15 can legally be built by a hobbyist in the state of California. In fact, almost all components in it can be purchased without a background check. There is one exception: The most essential competent of this type of firearm – a lower receiver. In order to fire a bullet, a semi-automatic weapon needs a lower receiver.

To buy this part, you must pass a background check. In California, you will also have to apply to the DOJ for a serial number to be engraved on the lower receiver. Not following these steps can put you in illegal territory.

What Happens if You Are Arrested for Illegally Owning or Making a Ghost Gun

It depends. Were you caught with the gun in the commission of another crime? If so, then you could end up with a sentencing enhancement that can potentially add years to any sentence you receive. If you are “caught” with a ghost gun in your own home, then it is possible that you are not breaking the law at all. It is always worth talking to a criminal defense attorney if you are facing any type of weapons charge.