The Legal Implications of Ghost Guns in San Diego, California

Posted on: April 11th, 2025 by Dod Law

Ghost Guns in San Diego

Untraceable “ghost guns” have emerged as a significant concern for law enforcement and legislators across California, particularly in San Diego, where their prevalence has grown substantially in recent years. These unserialized, privately made firearms circumvent traditional gun regulations by allowing individuals to purchase unfinished parts or kits that can be readily assembled into functional weapons without serial numbers, background checks, or registration. Their rising prominence raises serious legal questions for both manufacturers and possessors.

At Dod Law, we understand the rapidly evolving legal landscape surrounding ghost guns in San Diego. Our experienced team stays current with legislative changes to provide informed guidance to clients navigating these complex legal issues. If you’re facing charges related to untraceable firearms, understanding the current laws is essential to your defense strategy.

What Constitutes a Ghost Gun Under California Law

California law defines ghost guns as unserialized firearms assembled from unfinished parts, often sold as “80% receivers” or “80% frames.” These unfinished components have traditionally fallen outside the federal definition of a firearm, allowing their purchase without the regulations that apply to completed weapons. However, recent California legislation has dramatically changed their legal status.

Under current California law, all firearms—including those privately manufactured—must have a serial number registered with the state. Assembly Bill 857, implemented in 2018, required owners of previously unserialized firearms to apply for serial numbers and register their weapons with the California Department of Justice.

Additionally, Assembly Bill 879 mandated that unfinished frames and receivers be sold through licensed dealers with background checks, effectively treating these components like finished firearms. This legislation has significantly narrowed the legal pathways for possessing or manufacturing ghost guns in San Diego and throughout California.

San Diego’s Response to Ghost Gun Proliferation

San Diego has been particularly proactive in addressing the ghost gun issue due to their increasing appearance in local crimes. The San Diego Police Department reported a dramatic rise in ghost gun seizures over recent years, prompting city officials to enact additional regulations beyond state requirements.

In 2021, the San Diego City Council passed the Eliminate Non-Serialized Untraceable Firearm Ordinance (ENUF Ordinance), which prohibits the possession, purchase, sale, receipt, and transportation of non-serialized frames and receivers. This local ordinance works in conjunction with state laws to create multiple layers of regulation affecting ghost gun possession in San Diego.

Law enforcement in San Diego County has prioritized ghost gun enforcement, often pursuing maximum penalties for violations. This aggressive approach reflects concerns about these weapons’ use in violent crimes throughout the region and their appeal to individuals who might otherwise be prohibited from purchasing firearms.

Potential Legal Consequences for Ghost Gun Violations

Violations of ghost gun laws in San Diego can result in serious criminal charges. Possessing an unserialized firearm is generally prosecuted as a misdemeanor, punishable by up to one year in county jail and substantial fines. However, if you have previous felony convictions or are otherwise prohibited from owning firearms, possession can be charged as a felony with state prison sentences.

Manufacturing or selling ghost guns can bring more severe consequences, including felony charges carrying potential prison terms of up to three years. Additionally, federal prosecution remains possible for certain ghost gun violations, particularly those involving significant manufacturing operations or interstate commerce.

The legal implications extend beyond criminal penalties. Ghost gun charges can trigger probation violations, affect professional licenses, and create immigration consequences for non-citizens. The collateral consequences of conviction may continue long after any sentence is completed.

Developing an Effective Defense Strategy

If you’re facing ghost gun charges in San Diego, several potential defense strategies may be applicable. The rapidly changing nature of ghost gun legislation creates opportunities to challenge charges based on constitutional grounds, including arguments related to ex post facto laws, vagueness, or Second Amendment rights.

Technical defenses may also be viable. Questions about whether a particular component legally constitutes a “receiver” or whether a firearm meets the definition of “readily convertible” can be crucial to your case. Expert testimony regarding the nature of the components and the technical processes involved may support effective defense arguments.

For many defendants, negotiated resolutions offer the best path forward. First-time offenders may qualify for diversion programs or reduced charges, particularly when the ghost gun violation didn’t involve other criminal activity.

Contact an Experienced San Diego Criminal Defense Attorney | Ghost Guns in San Diego

If you’re facing charges related to ghost guns in San Diego, seeking experienced legal representation should be your immediate priority. Ghost gun laws continue to evolve rapidly, and navigating these changes requires specialized knowledge of both state and federal firearms regulations.

With 19 years of experience defending clients in San Diego County, Dod Law brings proven defense strategies to complex firearms cases. Our founding attorney was named San Diego County’s 2023 Trial Lawyer Of The Year by the San Diego Criminal Defense Bar Association, reflecting our commitment to aggressive client advocacy. 

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form.