Ghost Gun Investigations PDF, California, 2022

CHIEF OF DETECTIVES NOTICE January 5, 2022 TO: All FROM: Chief of Detectives SUBJECT: GHOST GUN INVESTIGATIONS Concerned Sworn Personnel PURPOSE. The purpose of this Notice is to establish a uniform method for handling “ghost gun” investigations, also known as Privately Made Firearms (PMF)...

CHIEF OF DETECTIVES NOTICE January 5, 2022 TO: All FROM: Chief of Detectives SUBJECT: GHOST GUN INVESTIGATIONS Concerned Sworn Personnel PURPOSE. The purpose of this Notice is to establish a uniform method for handling “ghost gun” investigations, also known as Privately Made Firearms (PMF) by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) standards. Since the end of 2020, ghost guns (which have no identifying serial numbers) have increased nationwide and have been increasingly utilized in the commission of violent crimes. During the first eight months of 2020, the Department recovered 354 ghost guns. In 2021, the Department recovered 1,270 ghost guns, a 259 percent increase from 2020. This Notice also provides basic investigative techniques for ghost gun preliminary investigations, evidence preservation, and prosecutorial filing. The Department has realized the critical need for the implementation of ghost gun investigative techniques, guided by realistic scenarios, to reduce the scourge of ghost guns impacting the City. BACKGROUND. Ghost gun investigations have become a high priority with the sharp rise in homicides and handgun-related crimes nationally. The number of ghost guns in circulation has grown and continues to grow exponentially and they have become the firearm of choice for criminals. Possessors of ghost guns bypass the Department of Justice (DOJ) approval and background check process, preventing ATF from tracing the firearm. As a result, the possessor of a ghost gun is not known unless identified through DNA or fingerprint analysis. A firearm is considered a “ghost gun” when the following criteria are met: e The firearm was homemade from an unfinished frame or receiver; e The unfinished frame or receiver was made from a type of metal or polymer plastic; and, No manufacturer’s mark or serial number is present (i.e., blank metal plate where the number would normally be stamped by the manufacturer). Note: firearm with an obliterated serial number is NOT considered a ghost gun. The appropriate charge is Section 22910 of the California Penal Code (PC) ~ Altered or Obliterated Serial Number. A Ghost guns can be manufactured in varied types of pistol models and calibers. In addition, suspects can also make various rifle and shotgun types. The time spent to manufacture a ghost gun may take approximately 30 minutes to two hours, depending on the producer's skill. Although possession of a ghost gun is not a crime in California, a peace officer may seize the All Concerned Sworn Personnel Page 2 1.8 firearm(s) as evidence pursuant to 29180 (c) PC - Failing to register (misdemeanor). a manufactured firearm Additionally, 29180 (a) PC authorizes the legal manufacturing of a non-serialized rifle providing a person, prior to the assembly of the firearm, applies for a unique serial number or other mark of identification with the California DOJ. PROCEDURES. Officers encountering ghost guns should determine whether they are of a ghost gun, the manufacturing of a ghost gun, or a ghost gun investigating the possession with a threaded barrel. The primary considerations in all ghost gun investigations are: Safety of the officers, investigators, and the public; Establishing probable cause to arrest; Distinguishing between a possessor and a manufacturer; Presence of end caps/barrel protectors on any barrels located; Arrestee and witness statements; and, Evidence preservation and chain of custody. Note: Department Manual Section 3/579.15 requires officers to review Body Worn Video (BWV) recordings on their assigned device or authorized computer prior to documenting an incident, arrest, search, interview, use of force, or other enforcement or investigative activity to ensure their reports, statements, and documentation are accurate and complete. Many Glock-type ghost guns have been encountered with threaded barrels. A threaded barrel has screw threads at the muzzle end that allow the attachment of a suppressor, flash hider, or compensator. A pistol with a threaded barrel is classified as an assault pistol. When a ghost gun with a threaded barrel is encountered, the officer should book the arrestee for possession/manufacturing or transportation of an assault pistol. Possession of an assault weapon is Section 30605 (a) PC - Possession of an Assault Weapon (misdemeanor). Manufacturing or transportation of an assault weapon is Section 30600 (a) PC — (felony). Identifying a Possessor: A possessor is generally a person who possesses one firearm to protect themselves or commit a crime. Possessors are less likely to have additional ghost guns, unfinished frames, trigger group parts, AR-15 type receivers, schematics, or jigs used to manufacture ghost guns. Note: A possessor is not in the business of manufacturing firearms for sale or distribution. If the suspect is determined to be a possessor, the officer should: Process the arrest and evidence; e Establish the illegal possession of the firearm through observations, statements, DNA, or latent prints; and, Book for the appropriate charges. All Concerned Sworn Personnel Page 3 1.8 Identifying a Manufacturer/Trafficker: A manufacturer or trafficker is generally a person or persons who are illegally engaged in the business of manufacturing and distribution of firearms. Illegal manufacturers are likely to have additional ghost guns, unfinished frames, trigger group parts, AR-15 type receivers, schematics, or jigs in their workshop or possession. Manufacturing or trafficking is suspected when the following tools are found in or around the suspect’s location or inside backpacks or vehicles: e Drills, drill presses, jigs, punches, drill bits, files, hammers, Computer Numerical Control (CNC) machines, templates, 3D printers, Polylactic Acid (PLA) filament, and spare magazines; e Unfinished gun frames or rifle receivers; and, Gun part receipts. If the suspect is identified e as a manufacturer, the officer should: Build a rapport with the suspect; Conduct an in-depth interview to determine the location of a workshop used to make ghost guns (e.g., home, garage, storage unit, business, etc.); Process the arrest and evidence; ¢ Establish legal possession of the firearm through statements, DNA, or latent prints; and, Book for the appropriate charge. SCENARIOS. Scenario No. 1 Officers observe a traffic violation and conduct a traffic stop. Officers observe the handle of a handgun protruding from underneath the driver seat. Officers order the occupants out of the vehicle and seize the loaded handgun. Officers inspect the firearm and discovered the serial plate on the bottom of a Glock-type pistol does not have a serial number (i.e., blank plate). The firearm appears to be a “blank” type pistol frame without a licensed gun manufacturer name (i.e., Glock, Colt, Smith and Wesson, etc.). Officers appropriately identified the pistol e as a ghost gun based on the following: The firearm was homemade from an unfinished frame or receiver. No licensed manufacturer name was found on the pistol; e e The frame or receiver was made from a type of metal or polymer plastic; and, No manufacturer’s mark or serial number was located on the frame or receiver. Although possession of a ghost gun is not a crime, in this scenario the ghost gun is concealed, loaded, and unregistered in violation of 25400 (a)(4) PC - Loaded Firearm Concealed in a Vehicle or Person (misdemeanor). Note: Although the manufacturer Polymer 80 (known as P80) makes a complete and serialized firearm, it is not commonly recovered in the City. All Concerned Sworn Personnel Page 4 1.8 Scenario No. 2 Officers observe a traffic violation and conduct a traffic stop. The officers searched the vehicle and found a firearm with an obliterated serial number and a Glock Model 21 pistol with a removed serial number plate. The officers conclude both firearms are not ghost guns based on the following: e A firearm with an obliterated serial number is NOT considered a ghost gun. The appropriate charge is 22910 PC — Altered or Obliterated Serial Number (misdemeanor). The Glock Model 21 had the serial number removed, which would also be classified as an obliterated serial number. Scenario No. 3 The suspect is found in possession of a pistol with the name “Glock” on the slide along with the serial number. The frame of the pistol does not bear the name “Glock.” The officers conclude the pistol is a ghost gun because the frame does not bear the name “Glock.” Officers interview the suspect who admits to making the ghost gun. Based on the suspect’s admission, the officers arrest the suspect for 29180 (g) PC - Manufacturing of a Ghost Gun (pistol or rifle) Without the Expressed Authorization from the California DOJ, (misdemeanor). Note: When conducting an Automated Firearms System (AFS) inquiry, officers will generally discover no history on the firearm. Scenario No. 4 Officers observe a traffic violation and conduct a traffic stop. The vehicle is occupied by multiple suspects and officers seize a firearm that fits the criteria of a ghost gun, but they cannot determine possession. The officers immediately preserve the firearm for finger prints/DNA evidence by placing it inside a gun bag or paper wrapping. Officers seize the ghost gun as contraband pursuant to 29180 (c) PC — Failing to register a manufactured firearm (misdemeanor). Note: Forensic Science Division (FSD) suggest the best practice is to tie down the firearm in a gun box and have a Property Officer repackage when booking. Scenario No. 5 The officers observe a pedestrian found to be jaywalking. Officers form reasonable suspicion to believe the person is armed and dangerous and conduct a pat-down search for weapons. The officers find the jaywalker in possession of a ghost gun. They immediately establish a rapport with the suspect and obtain statements. Officers ask the suspect the following questions (Miranda advisement is required when a person is in custody and the officer is conducting an interrogation about his crime or criminal activity): e Officer: Did you make the ghost gun? e Officer: What is your skill set for making guns? © Suspect answer: “Yes.” All Concerned Sworn Personnel Page 5 1.8 o e Suspect answer: “I make three a week and sell them.” Officer: Where did you get the ghost gun kit or parts to assemble the firearm? o Suspect answer: “I bought the kit and parts from the internet.” Based on the suspect’s statements, officers determine the person is a manufacturer. The officers contact investigators for further follow-up investigation and a search warrant. The officers arrest the suspect for 25850 (a)(4) PC — Loaded and Unregistered Firearm in a Public Place (felony) and 29180 (b) PC - Manufacturing of a Ghost Gun (pistol or rifle) Without the Expressed Authorization from the California DOJ (misdemeanor). Scenario No. 6 During an investigation, officers establish possession or accessibility to a firearm by an offender (e.g. within arm’s reach, common rooms, access to locked container, etc.). The officers check the person’s criminal history and determine the person is prohibited from owning or possessing a firearm. Due to the firearm not being loaded or concealed, officers may arrest the suspect for 29800 PC (Ex-Felon with a Firearm) and 29805 PC (Qualifying Misdemeanors). Scenario No. 7 Officers contact a suspect who is willing to provide information on a ghost gun maker/trafficker or person(s) in possession of multiple ghost guns. Officers document the suspect’s contact information on a Field Interview (FI) card. During business hours, the officers should immediately contact the geographic Area Gun Coordinator to conduct further interviewing of the suspect to establish the whereabouts of the suspect’s workshop. Note: During off-hours, detectives/officers should contact the Department Operations Center (DOC) at (213) 484-6700 to notify the Gang and Narcotics Division (GND), Gun Unit. Applicable California Penal Code Sections: Many recent ghost guns have been converted to assault pistols or assault rifles, so it is important to make a positive identification of such firearms as the booking charge can impact the level of the charges filed. Note: The ATF or Gun Unit federal task force officers can assist in seeking federal firearm charges on a convicted felon. Applicable sections include: 22910 25400 25400 25850 (a) PC - Altered or Obliterated Serial Number (misdemeanor); (a)(1) PC - Loaded Firearm Concealed in a Vehicle or Person (misdemeanor); (a)(4) PC — Unlawful possession of a firearm or prohibited possessor (felony); (a)(4) PC - Loaded and Unregistered Firearm in a Public Place (felony); All Concerned Sworn Personnel Page 6 1.8 29180 (b) PC - Manufacturing of a Ghost Gun (pistol or rifle) Without the Expressed Authorization from the California DOJ (misdemeanor); 29800 (a)(1) PC - Ex-Felon with a Firearm (felony); 30605 (a) PC - Possession of an Assault Weapon (misdemeanor); 30600 (a) PC - Transportation or Manufacturing an Assault Weapon as defined under 30515 (a)(1) or 30515 (a)(4) PC (felony); 33410 PC - Possession of a Silencer (low-end or “cheap” suppressors have been found on or near-Glock type ghost guns, not to be confused with a barrel housing or “barrel shroud” as found on AR-15 rifles) (felony); 32625 (a) PC - Possession of Machine Gun (wobbler); 30605 (a) PC - Possession of an Assault Weapon (wobbler); 30600 (a) PC - Transportation or Manufacturing of Assault Weapon (felony); and, 32000 (a)(1) PC - Manufacturing of an Unsafe Handgun (misdemeanor). Term Definitions: Firearm: California Penal Code Section 16520 defines a firearm as a device designed to be used as a weapon, from which is expelled througha barrel, a projectile by the force of an explosion or other form of combustion. Ghost Gun: A firearm that is generally home-made from a piece of polymer plastic or metal that needs minor modifications to make it an operable firearm. The “Ghost Gun” bears no manufacturer’s mark or serial number. Note: Ghost guns typically clone well-known firearms and manufacturers to include Glock, Smith and Wesson, Sig Sauer, the 1911 pistol, the AR-15 rifle, the AK-47 rifle, and shotguns. Privately Made Firearm (PMF), or Ghost Gun: The ATF definition of a firearm, including a frame or receiver, completed, assembled, or otherwise produced by a person not licensed to engage in the business of manufacturing firearms, and without a serial number placed on the frame or receiver by a licensed manufacturer or importer. These firearms may not have any markings at all. Unfinished/ Non-Serialized Frames and Receivers: A partially completed frame/receiver body made from forging, casting, extruding, molding, or machining that, while completed to the point it can be recognized as a “receiver-blank,” has not yet reached a stage of manufacture that it can be classified as a “frame” or “receiver.” Non-serialized machined bodies (i.e., frames/receivers) typically have not been finished to the point of being classified as a firearm under the Gun Control Act (GCA) or National Firearms Act (NFA). These frames and receivers are often referred to by the firearms industry as “80 percent” frames/receivers. Serialized Component: Serialized slides, barrels, upper assemblies, or other firearms parts used to complete a privately made firearm. All Concerned Sworn Personnel Page 7 1.8 TASKFORCE UNITS/GND GUN UNIT RESPONSIBILITIES. Upon notification of a ghost gun manufacturing/trafficking incident, ATF task force investigators, or Gun Unit personnel will establish contact with officers, review the circumstances of the incident, and determine the appropriate response. Gun Unit experts can be called during normal business hours to inspect a ghost gun and provide expertise for filing. SUPERVISOR’S RESPONSIBILITIES. Department supervisors responding to an incident where a Department employee has encountered a ghost gun manufacturing/trafficking location shall ensure that officers have contacted Department specialized units when applicable and have followed the above protocols. WATCH COMMANDER’S RESPONSIBILITIES. In instances where an officer has encountered a ghost gun manufacturing/trafficking location, the watch commander shall: the established protocols are followed; specialized units have been notified; evidence has been packaged correctly for DNA or fingerprints; and, investigators are aware a request to the Firearms Analysis Unit (FAU) needs to be made for analysis. Ensure Ensure Ensure Ensure DEPARTMENT OPERATIONS CENTER RESPONSIBILITIES. When notification of an incident involving ghost gun manufacturing/trafficking is received, the DOC shall notify the GND, Gun Unit. Should you have any questions or concerns regarding this notice, contact Gang and Narcotics Division (GND), Gun Unit, at (213) 486-5360. ief DANIEL Chief of OLPH, Deputy Chief Staff Office of the Chief of Police DISTRIBUTION Attachment “A” GHOST GUN KITS,PARTS, PRINTERS, ACCESSORIES Glock type slide and barrel = : pistol frame P80 Jig holds unfinished for drill Threaded barrel a semiauto pistol makes it anonassault pistol under 30605 PC Unfinished Ghost Gun pistol frame. Observe excess plastic on rail above trigger guard. No drill holes points, and slide rail cuts , 2 = Glock Switches convert semiauto pistols to full auto : . Glock Switch replaces the back plate on a Glock pistol a ToT y ~ AR-15 Jig. Holds unfinished receiver for drill points and cut outs *€ Glock lower frame parts kit Ghost Gun frame with OEM Glock slide. Glock slide serial numbers are not to be used as the serial number of the pistol. Document serial in the description. 3D Printers with PLA filament. Other filament used in ghost guns are, High-temp Nylon, ABS, PETG Although most common Ghost Guns are Glock types, also available: 1911, SIG NOTE: SAUER, 22 LR, M&P, SHOTGUN