Facing ghost gun or unserialized firearm charges in Orange County, CA? Understanding your exposure and defenses is critical. Penal Code (PC) § 29180 prohibits the clandestine manufacturing, possession or transport of a firearm or kit that lacks a state or federal serial number.
In practical terms, possessing an unserialized firearm, a kit gun, ammo, or components can lead to serious charges — especially if there’s evidence of manufacturing, possession, or transport and you have a prior record. Under California law, each un-serialized firearm is a separate offense.
What the Prosecutor Must Prove
To pursue a conviction under PC 29180, the prosecution must show several key elements:
- Proof of Knowledge: They must prove you knew the firearm or precursor part lacked a valid serial number or mark of identification.
- Intent or action to manufacture or assemble: If you engaged in manufacturing or assembling the firearm (including fitting together component parts or kits), the prosecution must show you did so without first obtaining the required serial number from the California Department of Justice (DOJ).
- Serializing requirements and registration: Before manufacturing or assembling a firearm without a valid serial number, you must apply to the DOJ for a unique serial number or mark and affix it within the deadlines set by law (notably within 10 days after obtaining it) and then notify the DOJ.
- Lawful parts vs. precursor parts: The prosecutor will examine whether the parts you possessed were lawful “firearm parts” or unlawful “firearm precursor parts” or kits designed for conversion into a weapon. California treats precursor parts similarly to firearms when lacking serialization.
It’s important to note, possession alone is insufficient unless the firearm is un-serialized. Manufacturing or assembling without serialization is itself a crime.
Defense Angles That Work
Facing a PC 29180 charge doesn’t mean defeat. Skilled defense can explore several potential strategies:
- Illegal search or seizure: If law enforcement obtained the firearm or parts via a search or seizure that violated the Fourth Amendment (no warrant, no probable cause), a motion to suppress may remove key evidence.
- Constructive possession: Even if the gun was discovered in your general vicinity (e.g., a shared vehicle or home), you may argue you lacked actual or constructive possession, challenging the prosecution’s proof of ownership or control.
- Suppression motion: Beyond search issues, if the serialization process or chain of custody of the parts is defective (e.g., unclear whether the part is a regulated precursor or a lawful part), you may file suppression of the evidence.
- Diversion possibilities and record relief: Depending on your prior record and eligibility, you may explore diversion programs or plea agreements that avoid a felony record, particularly if this is your first weapon-related offense and the firearm was not used in a crime.
When you’re under investigation or charged with an unserialized firearm offense in Orange County, you can’t leave things to chance. You need an experienced defense counsel who can navigate the intersection of weapons law, serialization, and criminal procedure.
With a proven track record of favorable outcomes, David A. Stein has the fights for your rights. If you’re dealing with charges involving an un-serialized firearm, a kit gun, transporting ammo, or allegations of manufacturing, don’t go it alone.
Contact us today for a confidential consultation in Orange County and protect your freedom and your future.
