On 2/9/26, at 2 a.m., police officers contacted a subject in his vehicle near 13659 Beach Boulevard, according to the Westminster Police Department.
Upon contacting the subject the officers saw that a Nitrous Oxide (NOS) tank was seen in plain view.
The subject was removed and a subsequent search was conducted of the vehicle.
Upon searching the trunk the police officers located a loaded ghost gun with extended magazine. The subject was taken into custody and booked at OCJ for multiple firearm related felonies.
Another instance of your WPD officers conducted proactive enforcement to keep the city safe.
Legal Penalties Faced by the Suspect
Based on the incident involving the Westminster Police Department on February 9, 2026, the suspect faces a range of potential penalties for both the illegal possession of nitrous oxide and multiple firearm-related felonies.
Nitrous Oxide Possession (PC 381b)
The initial contact involved a Nitrous Oxide (NOS) tank in plain view. In California, possessing nitrous oxide with the intent to inhale it for intoxication is a misdemeanor.
- Jail Time: Up to six months in county jail.
- Fines: Up to $1,000.
- Additional Consequences: Conviction may also lead to informal probation, drug counseling, or community service.
Firearm-Related Felonies
The search of the trunk revealed a loaded “ghost gun” (an unserialized firearm) with an extended magazine. California has strict regulations under Penal Code § 29180 and related statutes for these untraceable weapons.
Ghost Gun Possession
Possessing an unregistered or improperly registered firearm is often treated as a “wobbler,” but when booked for felonies, the potential penalties include:
- Prison Time: 16 months, 2 years, or 3 years in state prison.
- Fines: Up to $10,000 (plus court fees).
- Felony Record: A permanent ban on firearm ownership and significant impacts on future employment, housing, and professional licensing.
Extended/Large-Capacity Magazine (PC 32310)
Possessing a large-capacity magazine (one capable of holding more than 10 rounds) can also lead to felony charges.
- Penalties: Up to three years in state prison and fines up to $10,000.
Concealed/Loaded Firearm in a Vehicle (PC 25850 & PC 25400)
Carrying a loaded, unregistered firearm or a concealed firearm without a permit is generally a felony offense in California.
- Imprisonment: Up to 3 years in state prison.
- Enhancements: If the suspect is a previously convicted felon or has prior drug violations, they face enhanced penalties. For instance, a felon in possession of a firearm can be punished by up to three years in prison, with more serious prior convictions potentially leading to even longer terms.
Summary Table of Potential Penalties
| Offense | Classification | Maximum Potential Penalty |
|---|---|---|
| Nitrous Oxide Possession | Misdemeanor | 6 months jail / $1,000 fine |
| Ghost Gun Possession | Felony | 3 years prison / $10,000 fine |
| Large-Capacity Magazine | Felony | 3 years prison / $10,000 fine |
| Felon in Possession (if applicable) | Felony | 3 to 10 years prison |