Last Updated on April 8, 2025
The Second Amendment guarantees Americans the right to bear arms, but legislators and courts are constantly debating exactly where to draw the line on that right. One area of the gun rights issue that’s particularly problematic is the issue of privately made firearms, often called “ghost guns.” These self-made firearms pose a serious threat to public safety because they are so hard to track and are frequently undetectable, which is why the California legislature has made so many efforts to corral the creation of these weapons. Attorney Peter M. Liss is here to help you understand the many complicated laws around ghost guns.
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What are Ghost Guns?
Ghost guns are untraceable, undetectable, or privately-made firearms. They often are untraceable because they have no serial number. Sometimes, they are undetectable because they’re made from materials that do not show up in metal detectors. Until recently, homemade models were 100% legal on a federal level because the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) defined “firearms” only as finished firearms, frames, and receivers. However, in 2022, the law was changed to include partially complete or disassembled frames that could be readily converted to become functional.
Even before that point though, California passed multiple laws to control these weapons, which have exploded in popularity over the last decade. In fact, the number of ghost guns recovered by law enforcement officials nationwide increased by 1,000% between 2016 and 2021, going from 1758 to 19,344 such weapons seized in just five years.
Are Ghost Guns Illegal in Vista, California?
Technically speaking, it is legal to build your own gun in California, but they are subject to many restrictions to help regulate them the same way as other firearms. Here are some of the state’s specific laws covering privately made firearms:
Buying and Selling Laws
Just like the ATF, California subjects unfinished and finished receivers and frames (known as “firearm precursor parts”) to the same laws as completed weapons. They can only be purchased through a licensed firearm dealer who keeps adequate records. Purchasers must be over 21, have a gun license, and not be disqualified from buying a firearm due to a previous felony or domestic violence conviction or a firearm restraining order. To purchase the weapon, buyers must appear in person, and they are subject to:
- in-person ID checks
- background checks
- firearm safety certificate checks
- waiting periods
Ghost Guns Must Have Serial Numbers
Self-made firearms are required to have a unique serial number as issued by the state Department of Justice. The DOJ will only issue new serial numbers to individuals who have:
- a firearm safety certificate
- completed a firearms background check to confirm they are legally eligible to possess a gun
- proof that they are at least 21 years old
- provided a full description of the weapon they plan to assemble
Once someone receives a serial number, they are legally required to add it to the gun within 10 days of completing the firearm. Once the DOJ has the information about the newly created gun and its owner, that person cannot generally sell or transfer possession of the weapon.
The DOJ will not issue serial numbers to individuals who make guns that violate state firearms laws. The weapons must incorporate legally required safety features such as a manually-operated safety device and meet drop safety standards. It cannot be a prohibited type such as a machine gun or assault rifle.
Manufacturer Laws and Licenses
California Penal Code 29010 (PC) states that anyone without valid firearm manufactuer’s licenses from both the California Department of Justice and the ATF cannot make more than three firearms per year, and none of these guns can be 3D printed.
Those working for companies with valid firearm manufacturer’s licenses are the only people who can legally use a computer numerical control (CNC) milling machine or 3D printer to make guns. These manufacturers are subject to many restrictions that require:
- they only produce weapons in designated buildings with adequate security
- that they stamp each finished firearm, receiver, or frame, or unfinished receiver or frame with a serial number
- each employee to undergo an annual background check
- detailed records on each finished firearm piece they put out
- them to notify local law enforcement agencies that they are making firearms and allow these agencies to perform routine inspections
Legal Firearm Materials Under 24610 (PC)
Under Penal Code 24610 (PC), “undetectable guns” cannot be produced in California, whether made from ceramic, plastic, or any other material that will not set off metal detectors. There is an exception for weapons made from plastic, but only if they are embedded with a valid serial number printed on a piece of metal large enough to be identified by metal detectors.
What is the Sentencing for Ghost Gun Charges in California?
The specific penalties for any individual accused of illegally possessing self-made firearms will vary based on the actual charges involved. Some possible penalties include:
- Possession of an unregistered or improperly registered firearm is a crime punishable by up to 3 years in state prison.
- Manufacturing unsafe and illegal firearms under 31910 (PC) is a wobbler. As a misdemeanor, it is punishable by up to one year in jail; as a felony, it’s punishable by up to three years in prison.
- Those accused of possessing undetectable firearms under 24610 (PC) will face wobbler charges, meaning the offense may be charged as a misdemeanor or felony. As a misdemeanor, the maximum sentence is one year in jail, while a felony conviction can result in a three-year prison term.
Real People Charged With Possessing Ghost Guns in Vista
In 2023, a student was arrested after appearing at Alta Vista High School while drunk. School officials first attempted to detain him before he became aggressive and shoved a staff member. When security officers intervened, an unregistered, unserialized handgun fell from the teen’s pocket. A search revealed the young man also had ammunition and alcohol in his possession. He was charged with possessing a weapon on school grounds, possession of a ghost gun, possession of alcohol on school property, battery on a school official, and carrying a handgun while not the registered owner.
In 2025, a man wanted for domestic violence charges was arrested on Mendicino Drive in San Marcos. He was found to be in possession of a loaded, unregistered, and unserialized handgun. He was charged with domestic violence, manufacture, sale, and possession of an undetectable firearm, carrying a loaded handgun not registered to the owner, criminal storage of a firearm, and possession of a large capacity magazine.
So far, these laws have been upheld in court as most judges, even those who tend to rule on the side of Second Amendment rights, see the sensibility of outlawing undetectable, unserialized, homemade firearms. Since these laws will likely be around for a long time, those accused of these charges should always take these allegations seriously and work with a skilled defense attorney like Peter M. Liss. If you or a loved one has been accused of a weapon-related crime, please call (760) 643-4050 to schedule a free initial consultation with Peter M. Liss.
