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
- $1,000 and
- $10,000.1
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
Legal References
- California Penal Code 24610. PC 1170(h). See also In Re. Jorge M. (2000) ; People v. Gabriel (Cal.App. 2012) .
- PC 16590. Undetectable Firearms Act.
- See, for example, PC 29800.