PC 29180 Possession of Unregistered Firearm “Ghost Gun” Law, Penalty & Criminal Defense. Criminal Defense Lawyers Explain Penal Code 29180.
- 23 hours ago
- 5 min read
Updated: 35 minutes ago
In California, it is illegal to own or possess an unregistered firearm. It is also illegal to manufacture or assemble a firearm without subsequently registering the manufactured or assembled firearm (PC 29180).
This article summarizes the law, penalties and common defenses related to the crime of possession of an unregistered firearm, or “ghost gun” in California.
Note: A “ghost gun” is a reference to a firearm that cannot be traced to the owner because the firearm either lacks a registered serial number, or because the firearm has a serial number, but the firearm is comprised of added or subtracted parts such that the altered firearm description does not reasonably match the description of the firearm related to the registered firearm serial number.
PC 29180 Law
Per PC 29180(a) “manufacturing” or “assembling” a firearm means to fabricate or construct a firearm, including through additive, subtractive, or other processes, or to fit together the component parts of a firearm to construct a firearm.
Both Manufacturing & Assembly Covered Under Penal Code 29180
It is illegal to manufacture a firearm without a serial number (identification mark) per PC 29180(f) To manufacture means to make any part that is intrinsic to the firearm’s operation or use.
It is also illegal to assemble a firearm without affixing a registered serial number per PC 29180(g). To assemble a firearm means to use firearm parts that are already separately manufactured but subsequently put together to make an operable firearm.
Authorized Manufacturers Exception
Requirements of PC 29180: Before manufacturing or assembling a firearm, a person manufacturing or assembling the firearm shall, for any firearm that does not have a valid state or federal serial number or mark of identification imprinted on the frame or receiver, do all of the following:
Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182 (PC 29180(b)(1)(A)).
Each application shall contain a description of the firearm that the applicant intends to assemble, the applicant’s full name, address, date of birth, and any other information that the department may deem appropriate (PC 29180(b)(1)(B)).
Within 10 days of manufacturing or assembling a firearm in accordance with paragraph (1), the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms (PC 29180(b)(2) & U.S.C. Title 18, Section 923(i)).
If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction with the unique serial number engraved or otherwise permanently affixed in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms… (PC 29180(B) Abbrev.)).
After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department, and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department (PC 29180(3)).
PC 29180 Penalty
Jail Sentence: Manufacturing or assembling a firearm without a serial number (i.e., “ghost gun”) is classified as a misdemeanor. If found guilty of PC 29180, the defendant may face up to one hundred eighty (180) days in the county jail.
Note: If the illegal manufactured or assembled firearm is alleged to be a handgun, the maximum jail sentence is extended to one (1) year in the county jail (PC 29180(g)).
Probation Sentence: A probation sentence is a period of supervision, usually served in lieu of incarceration. A probation sentence is allowed in penal code 29180 cases, but a probation sentence is not guaranteed.
A probation sentence related to the illegal manufacturing or assembly of a firearm is one year in length. There is no probation officer assigned to the defendant; rather, the defendant is placed on court supervision (i.e., misdemeanor probation, summary probation, or informal probation).
Probation sentences can include short periods of incarceration as a “term of probation,” but generally speaking, any incarceration period ordered as part of a PC 29180 conviction may usually be served alternatively on work release or community service.
CIMT: Manufacture or assembly of a firearm without a serial number is classified as a crime involving moral turpitude (CIMT) if the defendant was aware of his or her crime (as opposed to possession without knowledge of the firearm’s lack of registered serial number).
A crime involving moral turpitude, including penal code 29180 violations, carry adverse consequences for non-U.S. citizens (deportation & denial of citizenship), licensed professionals (suspension & revocation of professional license), and military service members (discharge & denial of entry into armed services).
Additional Penalty: In addition to a possible jail or probation sentence, the penalties related to PC 29180 include, but are not limited to, loss of scholarship, criminal protective orders (CPO), loss of firearm (destruction of firearm), court fees and fines, loss of firearm rights, and more.
PC 29180 Defense
Common defenses to a criminal allegation of manufacture or assembly of unregistered firearms, or possession of an unregistered firearm (i.e., “ghost gun”) include insufficient evidence to prove possession, reasonable mistake as to firearm’s lack of registration mark, statute of limitations, self-defense (momentary possession of firearm necessary to defend), and more.
Note: The statute of limitations related to penal code 29180 crimes is one year from the date of the alleged offense.
Statutory Defenses
Per PC 29180(c) Any person who owns a firearm or firearm precursor part that does not bear a valid state or federal serial number or mark of identification shall be deemed to be in compliance with 23920(b) [Possession of firearm with altered ID, or lack of ID] if they comply with all of the following:
"...New resident of the state, within 60 days after arriving in the state with a firearm that does not have a valid state or federal serial number or mark of identification, apply to the Department of Justice for a unique serial number or other mark of identification mark" (PC 29180(c)(1)(A) Abbrev.)), and follow all subsequent rules for affixing the identification mark.
Judicial Diversion: Judicial Diversion is criminal court process whereby the defendant is placed on a probation-like supervision for a period of up to eighteen (18) months. If the defendant successfully completes judicial diversion, then his or her criminal prosecution is “diverted” or circumvented and the defendant’s pending criminal charges are dismissed. For more information, see Judicial Diversion.
Post-Conviction Options: If the defendant pleads guilty to, or is found guilty of, PC 29180, his or her post-conviction options include: withdraw a guilty plea (PC 1018), appeal a misdemeanor conviction, expunge a misdemeanor conviction, or petition the court for a certificate of rehabilitation.
For more information on the crime of manufacture or assembly a firearm without a registration number, or manufacture or assembly of a firearm by persons or entities that are not licensed to manufacture or assemble firearms in violation of PC 29180, contact our criminal defense lawyers today for a free case analysis.
Our team or deeply experienced criminal defense lawyers have handled hundreds of felony & misdemeanor firearm cases in San Bernardino & Riverside County courts, including Rancho Cucamonga, Ontario, Redlands, Victorville, Fontana, Rialto, Yucaipa & More.
We have successful criminal defense trial lawyers ready to answer your questions with vast experience in all gun-related and ammunition related offense, including criminal storage of firearms, brandishing firearms, discharge of a firearm, possession of firearm, and possession of ammunition cases. Call today!
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