Possession of Undetectable Firearms - California Penal Code 24610 PC

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Strong Legal Representation for Undetectable Firearm Charges in California

If you have been charged with possession of an undetectable firearm in California you are facing a wobbler that can be filed as a misdemeanor or a felony and the consequences of a felony conviction are permanent. These charges are increasingly common as 3D printing technology and DIY firearm kits have become more accessible and many people charged under this statute had no idea their firearm violated California law. Possession alone is sufficient. The weapon does not need to have been used, carried into a secure facility, or shown to anyone. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against firearms charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Undetectable Firearms Under California Penal Code 24610 PC

Penal Code 24610 PC prohibits any person from manufacturing, importing, keeping for sale, offering for sale, giving, lending, or possessing an undetectable firearm. A firearm is considered undetectable when it lacks sufficient metal components to be identified by standard security screening equipment including walk-through metal detectors and X-ray systems.

Weapons commonly charged under this statute include:

  • Fully 3D-printed plastic handguns with no significant metal components
  • Ceramic firearms designed to avoid detection
  • Hybrid weapons built from legal components but modified to bypass standard screening
  • Homemade firearms assembled from online kits without detectable metal parts

The statute does not require the weapon to have been used or carried into a secure facility. Possession of an undetectable firearm anywhere in California is a criminal offense under PC 24610 regardless of where it was found or what the defendant intended to do with it.

Is PC 24610 a Felony or Misdemeanor in California?

PC 24610 is a wobbler. The District Attorney decides whether to file it as a misdemeanor or a felony based on the design and operability of the firearm, where it was found, whether it was discovered alongside another offense, and the defendant’s prior criminal history. A firearm found at an airport, courthouse, or school zone is far more likely to result in felony treatment than one found during a routine traffic stop.

Penalties for a PC 24610 Conviction

The penalties depend on whether the charge is filed as a misdemeanor or a felony:

  • Misdemeanor: up to one year in county jail and fines up to $1,000
  • Felony: 16 months, 2 years, or 3 years in county jail under realignment and fines up to $10,000
  • Both result in a permanent criminal record affecting employment, housing, and professional licensing
  • A felony conviction results in a lifetime ban on firearm ownership under California and federal law
  • Non-citizens face potential deportation proceedings upon felony conviction

When the firearm was discovered in connection with another offense such as drug charges or gang activity additional enhancements apply on top of the base sentence. When it was found in a sensitive location such as an airport, courthouse, or school zone prosecutors pursue the most aggressive sentencing available under the statute.

Legal Defenses Against PC 24610 Charges

No Knowledge the Firearm Was Undetectable

Many people charged under this statute purchased or received a firearm that appeared to be a standard legal weapon without knowing it lacked the metal components required for detection. When the defendant had no reason to know the firearm was undetectable our criminal defense attorney builds the lack of knowledge defense through the circumstances of acquisition, the appearance of the weapon, and any representations made by the seller or manufacturer.

The Firearm Does Not Meet the Statutory Definition

Not every plastic or polymer firearm qualifies as undetectable under California law. When the weapon contains sufficient metal components to be detected by standard screening equipment it does not meet the legal definition. Our criminal defense attorney works with independent firearms experts to analyze the specific construction of the weapon at issue and challenge the charge when the firearm does not legally qualify as undetectable.

Unlawful Search and Seizure

Most PC 24610 arrests begin with a search of a home, vehicle, or carry-on luggage. When that search was conducted without a valid warrant, without probable cause, or beyond its authorized scope our criminal defense attorney files suppression motions immediately. Without the physical weapon the prosecution cannot proceed.

No Knowing Possession

The prosecution must prove knowing possession. When the firearm was found in a shared space such as a shared vehicle or shared residence and no direct evidence connects the weapon to the defendant our criminal defense attorney challenges the possession element through access records, the physical location of the weapon, and any evidence connecting it to another occupant.

Frequently Asked Questions About PC 24610 Charges

What is the difference between an undetectable firearm and a ghost gun in California? Ghost guns in California refer primarily to unserialized privately made firearms that lack registration. Undetectable firearms are weapons that cannot be identified by metal detectors or X-ray equipment regardless of whether they have a serial number. Both are illegal under California law but they are charged under separate statutes. A weapon can qualify as both simultaneously.

Is possession of an undetectable firearm a felony in California? It is a wobbler. The District Attorney decides based on the specific weapon, where it was found, and the defendant’s criminal history. When the firearm was discovered in a sensitive location such as an airport or courthouse felony treatment is most likely.

Can I be charged if I did not know the firearm was undetectable? Knowledge of the weapon’s undetectability is a required element. When the defendant had no reason to know the firearm lacked the metal components necessary for detection that element can be challenged and the charge may not be sustainable.

Can a PC 24610 conviction be expunged? In many cases a misdemeanor conviction or a felony conviction where probation was granted and successfully completed can be expunged under PC 1203.4. An expungement updates the record to show the conviction was dismissed and can reduce its impact on employment and licensing. It does not automatically restore firearm rights. Our criminal defense attorney can review eligibility and assist with the expungement process.

Contact a Los Angeles Defense Attorney for PC 24610 Charges Today

A charge for possession of an undetectable firearm carries real consequences including state prison time and a permanent record. With over 20 years of experience defending clients against firearms charges throughout Los Angeles County Attorney Hashemi will review the facts, analyze the evidence, and build a defense strategy from day one. Contact our office today for a free confidential consultation.

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