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Penal Code 26500 Selling Firearm without a Valid License

Apr 14, 2019 | Criminal Defense

According to California Penal Code 26500 (PC-26500), it is illegal to sell, lease or transfer a firearm without a valid license.

When is a Defendant Guilty of California Penal Code 26500?

The prosecutor must
prove the following element for convicting a defendant under California Penal
Code Section 26500:

  • Defendant
    sold, leased, or transferred title to a firearm to another one
  • Defendant
    was aware that he was selling, leasing, or transferring a firearm
  • Defendant
    did not have a valid license to sell, lease, or transfer title to a firearm.

Definition of Firearm Under PC 16520

Definition of firearm under PC 16520 include the following

  • It is a
    device that is designed to be a weapon
  • From
    which a shot, bullet, or projectile can be expended through a barrel
  • By the
    force of a combustion or explosion

These devices include
revolvers pistols, shotguns, handguns, rocket launchers, Tasers and flare
guns.  However, pellet guns, BB guns and
unloaded “antique” firearms do not count as firearms for purposes of Penal Code

People who are prohibited from possessing or
acquiring a firearm:

  • Persons convicted of a felony
  • Persons convicted of some misdemeanor offenses
  • Persons addicted to drugs
  • Persons suffering from mental illness
  • Persons with at least two convictions under California PC 417 Brandishing a weapon
  • Persons under age of 18

In case a person is
prohibited from owning a gun, he is also prohibited from owning ammunition.
Person who has a right to own a firearm must also possess a valid firearm safety

People who are exempt from prosecution under
PC Section 26500:

  • Persons
    acting pursuant to operation of law or a court order
  • Law
    enforcement officers
  • Military
  • Persons
    who sell or transfer firearms to federally licensed dealers
  • Persons
    engaged in the infrequent transfer of personal firearms at guns shows
  • Persons
    who get rid of inherited firearms
  • Shooting
    ranges that temporarily loan firearms
  • Persons
    who provide unloaded prop firearms for use in plays or movies
  • Person
    who provide a firearm to a gunsmith for repairs.

Requirement for obtaining a firearm license

Requirement for obtaining a California firearm license are as follows:

  • Valid
    firearms license
  • Business
    license required by local municipality
  • Seller’s
    permit issued by the State Board of Equalization
  • Certificate
    of Eligibility issued by the Department of Justice
  • One-year
    license issued by local authorizing agency

One-year license is
on a form prescribed by the state Attorney General’s Office. It must clearly
state “Valid for Retail Sales of Firearms” and include an endorsement by the
local authorizing agency.

These rules apply to
generic firearms and not specific types of weapons such as grenades,
destructive devices, machine guns, short-barreled rifles or shotguns and
“dangerous weapons” or assault weapons, for which a specific license is

Failure to Maintain the Firearm License in California

Failure to maintain
the license can subject a person to revocation of his license. In case person
sells, leases or transfers a firearm without a valid permission he will face
prosecution for violating California PC Section 26500.

Penalties for California Penal Code 26500 Violation

In California the
unlicensed sale of a firearm is a misdemeanor with the following penalties:

  • Up to six
    months in a county jail
  • A fine up
    to $1,000.

The punishment is for each firearm the defendant sells without a valid license.

Glendale Criminal Defense Lawyer

Have you been convicted of a crime related to firearms? If so, it would be a wise idea to face your court case with the assistance of a law firm. If you are located in or around Los Angeles County, a Glendale criminal defense lawyer at KAASS LAW can help you achieve positive results in court.

Video About Selling Firearm without a Valid License