Are Undetectable Firearms Legal in California? Penal Code 24610 PC
Undetectable firearms are illegal in California. Specifically, under Penal Code § 24610 PC, it is a crime to manufacture, import, keep for sale, offer for sale, give away, lend or possess these weapons.
Undetectable firearms are also referred to as plastic guns or ceramic guns. They are firearms that go undetected in walk-through metal detectors. Hence the name “undetectable.”
Penalties for violating Penal Code § 24610
A Penal Code § 24610 PC violation is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by imprisonment in a county jail for a term not to exceed one year. If charged as a felony, the crime is punished under California Penal Code 1170(h) PC.
Penal Code § 1170(h) PC is a catchall provision for felony sentencing. When a statute calls for punishment under Penal Code § 1170(h), the judge can sentence the defendant to a county jail term of:
- 16 months,
- Two years, or
- Three years.
In addition to jail time, a person guilty of a crime under PC § 24610 may be subject to a fine in an amount between
Other laws prohibiting undetectable firearms
Two other statutes prohibit undetectable firearms. The first is California Penal Code § 16590 PC, which prohibits certain categories of weapons in California. Undetectable weapons are specifically banned (for the same acts listed in PC § 24610) under section PC § 16590 (w).
The second statute is a federal statute – the Undetectable Firearms Act. This act makes it a federal crime for a person to do the following with an undetectable firearm:
- Manufacture one,
- Import one,
- Sell one,
- Give or lend one, and
- Possess one.2
Exemptions from the general laws
Certain people and/or situations are exempt from prosecution for possessing undetectable firearms and other prohibited weapons. For example, members of law enforcement agencies may sell, transfer, or possess undetectable firearms.
Note that the above statutes and code sections do not prohibit using or possessing other lawful firearms. For example, conventional pistols, revolvers, long rifles, and long shotguns can still be legally owned by most adults in California, subject to certain restrictions.3
FAQs
Undetectable firearms are illegal in California. Specifically, under Penal Code § 24610 PC, it is a crime to manufacture, import, keep for sale, offer for sale, give away, lend or possess these weapons. Undetectable firearms are also referred to as plastic guns or ceramic guns.
What is the penal code for undetectable firearms? ›
Under PC 24610, individuals in California are not legally allowed to: Make or import undetectable firearms. Possess undetectable firearms. Lend, give away, or sell undetectable firearms.
What is the PC for unregistered firearms in California? ›
In California, carrying a loaded firearm and not being the registered owner is charged under Penal Code 25850(c)(6) pc[1] making it unlawful to possess a firearm and not be its registered owner.
What is the penal code for ghost guns in California? ›
Ghost guns manufactured prior to recent legislation have until January 1, 2024 to apply for a serial number for the gun. Furthermore, unless you are a licensed firearm manufacturer, it is now illegal to self-manufacture or assemble more than three firearms per year. (Penal Code section 29010.)
What are undetectable firearms? ›
Undetectable Firearms Act of 1988 - Amends the Federal criminal code to make it unlawful to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm: (1) which is not as detectable as the Security Exemplar (after the removal of grips, stocks, and magazines) by walk-through metal detectors ...
Did the Undetectable Firearms Act sunset? ›
Renewals. The original Act had a ten-year sunset clause, and would have expired on November 10, 1998. Congress subsequently renewed it in 1998 for five years, in 2003 for ten years, in 2013 for another ten years, and in 2024 until March 8, 2031.
Is PC 22610 a felony? ›
Many individuals in California are legally allowed to own stun guns. However, there are limitations to stun gun ownership under Penal Code 22610. Individuals who illegally own a stun gun can face charges for an infraction or a misdemeanor. A conviction under PC 22610 can lead to jail time and fines.
Can 261.5 PC be prosecuted as either a misdemeanor or a felony? ›
If you are 21 or older – and the alleged victim is under 16 at the time the intercourse occurs – violating PC 261.5 may be charged as either a misdemeanor or a felony.
Which of the following crime punishments can result in life without parole? ›
Under Penal Code (P.C.) §§ 187, 190 and P.C. §§ 261, 289, 288 for instance, crimes like first-degree murder, rape, and other extreme sex crimes run the risk of a LWOP sentence. In addition, as per Senate Bill 1437, defendants convicted under the “felony-murder rule” are also eligible for a LWOP status.
How long do you go to jail for an unregistered gun in California? ›
If a police officer arrests you for concealed carry while having probable cause to believe your gun to be unregistered, and it also turns out that your gun was loaded, you may face an enhanced felony sentence of one to three years in jail along with an optional fine of $1,000.
Whether you are charged with a misdemeanor or a felony charge depends on the specific facts of your case, as well as your criminal history. If you are convicted of this charge as a misdemeanor, you could be sentenced to up to one year in County Jail.
Can you have an unregistered gun in your car in California? ›
While owning an unregistered firearm in California is not a crime, being in possession of one outside of your home is. This means you cannot remove the gun from your home, transport or use the gun without risking criminal charges.
Is PC 24610 a felony? ›
A Penal Code § 24610 PC violation is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.
Can you have an unregistered gun in your home in California? ›
No, there is no legal requirement that a firearm has to be registered unless: the firearm is an assault weapon, or. you are moving into California and own a firearm.
Are unserialized guns legal in California? ›
With limited exceptions, the sale or transfer of ownership of self-manufactured or self-assembled firearms is prohibited under California law.
What is the penal code for replica firearms? ›
The state also makes it illegal under Penal Code 12556 PC to display an imitation firearm, an object resembling a real gun. It's a crime in California for someone to display an imitation firearm in a public place. An “imitation firearm” can include a firearm replica, a BB gun, a toy gun, a BB gun, and a pellet gun.
What is the penal code 29805 PC? ›
California PC 29805: Firearm Possession After Misdemeanor Convictions allows the state of California to penalize individuals who possess a firearm after they commit certain misdemeanors. California enforces strict regulations regarding firearm ownership and possession, especially for individuals with a past involving ...
What is the Texas Penal Code 46.13 B? ›
According to Texas Penal Code §46.13, a person commits an offense if a child gains access to a readily dischargeable firearm because the person with criminal negligence: Failed to secure the firearm or… Left the firearm in a place where the person knew or should have known the child would have access to the firearm.
What is Section 46.02 A of the Texas Penal Code? ›
Section 46.02 - Unlawful Carrying Weapons (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or (B) has been convicted of an offense under Section 22.01(a)(1), ...
