The state of California regulates all aspects of firearm usage very carefully. This includes the sale of firearms. Only specific individuals are allowed to sell guns. Individuals who sell guns without following the proper legal procedures can face charges under California Penal Code Section 26500: Selling Firearms Without a License.
You can learn more about the rules surrounding the unlicensed sale of firearms with this article. Go over the penalties for a PC 26500 conviction today. The Simmrin Law Group can also help you focus on legal defenses for PC 26500 accusations.
Selling Firearms Without a License: Legal Definition
Individuals may be prosecuted under PC 26500 for selling, leasing, or transferring ownership of a firearm without the proper licensing. You should be aware that any weapon that uses combustion or an explosion to expel a projectile can be considered a firearm in California’s court system. This includes:
- Rifles
- Shotguns
- Revolvers
- Handguns
- Pistols
- Rockets and rocket-propelled projectile launchers
However, BB guns, antique firearms, and pellet guns are not covered under PC 26500. It is also important to note that some firearms cannot be sold even with a license. For example, individuals must have special permits to sell assault weapons in California.
Selling Firearms Without a License: Exceptions
Most firearms in California must be sold by a licensed dealer. However, there are exceptions to this rule. Individuals without a license to sell firearms may avoid prosecution if they are:
- Trying to sell a gun they inherited
- Selling a gun based on a court order
- Engaging in infrequent sales of their personal firearms
- Transferring a gun to or from a firearm dealer, manufacturer, or importer who is federally authorized
- Loaning a firearm to be repaired by a gunsmith
- Temporarily loaning a firearm at a target facility
- Using an unloaded firearm as a prop for an entertainment production
Additionally, law enforcement officers should not face charges for selling firearms without a license. However, there are restrictions on all of these exceptions. While individuals covered by these exceptions may set up sales, transfers, or leases, they cannot complete the process on their own. All transactions must still be completed by a licensed firearms dealer.
Selling Firearms Without a License: Necessary Licenses
Selling a firearm in California actually requires several licenses. Individuals who wish to sell, lease, or transfer the ownership of a firearm must have a valid:
- Federal firearms license
- Seller’s permit from the State Board of Equalization
- Certificate of eligibility from the Department of Justice (DOJ)
Sellers may also need business and regulatory licenses based on the regulations of the local government. Additionally, sellers need to acquire a one-year license to avoid prosecution under PC 26500.
Selling Firearms Without a License: Penalties for a Conviction
Selling firearms without a license can be prosecuted as a misdemeanor in the state of California. A conviction for a PC 26500 violation can result in fines of up to $1,000 and up to six months of time in county jail.
You should be aware that these penalties apply to each firearm sold without a license. This means that an individual who sells two guns without a license could face fines of $2,000 and up to one year of jail time.
Criminal Storage of a Firearm: California Penal Code § 25100
Under California Penal Code § 25100, gun owners can face criminal charges if they store a loaded firearm in a way that allows access by a child or a prohibited person, and that access results in harm. This is known as criminal storage of a firearm, and it is a separate offense from illegal sale or possession.
Even if you are legally allowed to own a gun, storing it improperly around children or someone prohibited (like a felon or someone with a mental health restriction) can result in serious legal consequences. Using proper gun locks, safes, or secure storage devices is not just a safety measure, it’s often a legal requirement in California.
If you’ve been charged under Penal Code § 25100, a criminal defense lawyer can review the circumstances to determine whether your actions met the legal definition of “criminal storage” and whether your rights were violated.
Selling Firearms Without a License: Legal Defenses
You don’t have to just accept a charge for selling firearms without a license. You can get help building a strong defense by contacting a Los Angeles criminal defense lawyer right now. A legal professional can go over your case and work to show that:
You Were Exempted from PC 26500 Charges
We reviewed the exemptions to PC 26500 charges above. If you sold, leased, or transferred ownership of a firearm in one of the above situations, you could avoid a conviction for the unlicensed sale of firearms.
You Were Entrapped by a Police Officer
Police officers sometimes try to convince people to sell a gun without a license. While police officers are allowed to work undercover, they are not allowed to become overly aggressive in their actions. If the police overstepped their bounds, you could be able to avoid a PC 26500 conviction.
Get Legal Help with PC 26500 Charges in California
Start building a defense to California Penal Code Section 26500: Selling Firearms Without a License accusations right now. The Los Angeles criminal defense lawyers at the Simmrin Law Group are standing by to start working for you. You can get started with a FREE initial case evaluation.
Get the answers you need by completing our online contact form, or calling (310) 896-2723.