Selling Firearms Without a License: Penal Code 26500 PC
Gun laws are a hot topic around the country these days, and it’s because many people have no idea precisely what the law entails regarding guns and the laws that surround them. California gun laws are far stricter than people might realize, and it’s because many people haven’t been involved in a situation in which a gun law applies to them. If you are interested in buying or selling a gun, you should know the law has a very strict policy on selling a firearm without a license.
California penal code 26500 PC considers selling firearms without a license a serious offense. According to the state law, most of the crimes and offenses committed that involve a gun are committed with firearms that are not legally obtained. This means the gun was not purchased through a reputable or licensed dealer as the law states. The firearm was obtained through illegal means such as theft or sale by a non-licensed dealer. It is a criminal offense in California to sell a firearm without a license, and any firearm counts.
Penalties for Selling Firearms Without A License
The sale of a firearm without a license is not a felony. In California, this is considered a misdemeanor charge, but it can be made more serious if you have a long history of selling guns to anyone without a license. If you are found guilty of selling a firearm without a license in the State of California, you might be sentenced to as many as six months in jail and you must pay fines. The caveat in this situation is your sentence can be stretched into a much longer sentence even if you’re a first-time offender. You are charged and punished for each firearm you illegally sell.
If you sell one firearm, you could spend six months in jail for doing so without a license. If you sell 10 firearms illegally, you could be sentenced to six months in jail for each firearm for a grand total of 60 months, or five years, in jail. It’s important you understand what this means and how it applies to you before you make the decision to engage in the sale of illegal firearms.
What is an Illegal Sale?
There are a few situations in which you are not guilty of the illegal sale of a firearm even if you do not possess a license. Here is a list of what does not count as the illegal sale of a firearm in California without a license.
– The sale of an inherited firearm
– The sale of a gun by court order
– Transfer of guns at a gun show
– Temporary lending of firearms from a shooting range
– Anyone who provides their firearm to a gunsmith for professional cleaning or repair
– Anyone selling a firearm to a licensed dealer
– Anyone who lends their firearm – unloaded – to a play or movie set
Not everyone who sells a gun without a license is doing anything wrong. For example, if you choose to sell a gun you inherit from your father when he passes, it’s not illegal as long as the transaction is legal. You can sell it to a gunsmith, to someone who collects specific guns, at a gun show, or to a dealer. If you decide to sell it to a criminal on the street for a profit, the situation becomes stickier.
If you own a small home business providing defense training to men and women who want to protect themselves in case they are ever in a situation that warrants it and you decide to sell guns to your clients without a license, you’re breaking the law. If you have a question pertaining to the sale of any gun in your possession at any time, it’s best to contact a law enforcement officer or licensed dealer to discuss the sale of your gun to ensure it’s legal. Some people end up in legal trouble because they did not know what they were doing was illegal, and you don’t want to find yourself in a situation like this one. Get to know gun laws before you sell a firearm.