20-005 - Evidence Procedures for 80% Firearms (Ghost Guns)



EVIDENCE PROCEDURES FOR 80% FIREARMS

(GHOST GUNS)

PURPOSE

The purpose of this Field Operations Directive is to establish policy and procedures regarding entering 80% firearms into evidence using PRELIMS.

BACKGROUND

This new procedure complies with requirements established through the Department of Justice and the need for investigators to track this specific type of firearm.

PROCEDURE

Definition:  A “Ghost Gun” is slang term for a firearm that has been “homemade” from an “80% completed” firearm frame or receiver that does not have serial number stamped on it.  The frame or receiver is what holds the fire control components and can be legally purchased over-the-counter or online in an uncompleted form.  It is up to the purchaser to complete the manufacturing process.  This process usually involves machining out material and drilling holes to enable the installation of parts.  The type of machining required varies depending on the type of kit purchased.  Once this machining has occurred, the frame or receiver is now considered a firearm, even if the slide or “upper receiver” has not been installed.

A firearm with an obliterated serial number is NOT a Ghost Gun.

Procedures for booking into PRELIMS:  The “Attributes” tab in PRELIMS that appears when you book a firearm now has a mandatory field that will require you to designate whether or not the firearm being booked is an “80% Kit Gun/Ghost Gun.” Select from “No,” “Yes,” or “Unknown.”  Complete the remaining fields, as appropriate.  [REDACTED TEXT]

The investigating officer or evidence and property custodian will be required to obtain a “FMBUS” (Firearm Manufactured by Unlicensed Subject) number from the California Department of Justice, Bureau of Firearms, for all confiscated “Ghost Guns.”  This number will be used for tracking purposes as the serial number in DOJ’s Automated Firearm System (AFS) and in PRELIMS.  To obtain a FMBUS number:

  • Email the Bureau of Firearms bofafs@doj.ca.gov
  • Provide Agency name, file number, and suspect’s name
  • Provide a photo of firearm, if possible
  • Provide contact information of the requestor, including name and telephone number
  • Request a FMBUS number
  • Once received, enter the firearm into JDIC/AFS 
  • If manufacturer is unknown, use “Manufactured in US”

(Note: do not use “Made in USA,” as that is reserved for military issued firearms)

  • Enter the FMBUS number obtained as the serial number
  • Ensure that the entire JDIC/AFS printout is attached to the firearm at the time of pickup by Central Property and Evidence and/or prior to sending to the Crime Lab
  • Note:  The FMBUS number must be obtained in order for the 80% firearm to be entered into AFS and eventually forwarded to the crime lab

Example #1

Polymer80 (P80) is one pistol kit type that is frequently recovered as evidence and may be seen with a Glock branded slide, such as Glock 17, Glock 19, or Glock 26, with what appears to be the serial number on it.  Aftermarket slides may also be used on this kit gun.  This should be booked as an 80% Kit Gun/Ghost Gun: Make: Polymer80; and Model: Unknown, or type in the model of the frame which may be embossed on the grip (PF940, PF940C, PF940SC, etc.).  Enter caliber family, if known.

  • Note:  The brand and any serial number on the slide should be noted in the description of the item.  It should NOT be used as the brand and serial number of the firearm in PRELIMS or in AFS. 

Obtain a FMBUS number as described above.  Complete the remaining fields, as appropriate.

Polymer80, model PF940C (ver. 2) frame with a Glock 19 slide       Polymer80, full size (ver. 1) frame with Glock 17 slide

Left: Polymer80 PF940 frame & the provided drilling jig.  The jig locates the holes that must be drilled in order to install the pins needed to hold the internal components in the proper position. 

Right: After holes are drilled in frame.  Some of the internal metal frame components are also shown.

Example #2

AR style rifles made from “80% lowers” will have design features resembling an “AR-15” rifle, but often lack manufacturer and model information and there is no serial number.  To book an 80% style rifle of this type in PRELIMS, select 80% Kit Gun/Ghost Gun: Make: Manufactured in US; Model: Unknown; and enter the caliber family, if known.  Follow instructions for obtaining a “FMBUS” (on page 1) and us that as the serial number for the firearm.  Complete the remaining fields, as appropriate.

 

AR-15 style rifle, fully assembled

 

80% lower receivers (not machined or drilled out, nota firearm)

 

 

 80% lower before machining (top) and after machining (bottom)

“Stripped” lower receiver ready for fire control parts.  This item bears manufacturer’s info and a serial number and IS considered a firearm despite lacking any internal components.  Note that PRELIMS now has a “Firearm Frame/Receiver ONLY” option under “Category.”