Unlawful Sale of a Firearm in San Diego
Imagine that you own a gun and are short on money so you decide to sell it to a private party. Since you are not a licensed dealer, San Diego Police arrests you for making an unlicensed sale. California requires a valid license to sell, lease, or transfer firearms. Penal Code section 26500 prohibits the unlicensed sale, lease, or transfer of firearms. However, within the same statute there are nuances that provide exemptions for certain firearms, persons and type of transactions. California firearms laws are very intricate and require a thorough understanding of how the exemptions apply to the specific circumstances of your case. You need an experienced criminal defense attorney with vast knowledge of the exemptions in California’s firearms statutes. At Monder Law Group our team of legal professionals will review the facts of your case thoroughly in search of a loophole to apply for your defense in order avoid prosecution.
Understanding Penal Code Section 26500
Penal Code section 26500 makes it clear that “no person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.” The license will determine the type of firearm that is authorized to sold, leased or transferred.
In order to prove that you made an unlicensed sale of a firearm in violation of Penal Code section 26500, the prosecutor in your case must prove beyond a reasonable doubt that you:
Sold, leased, or transferred title to a firearm to another;
Knew that you were selling, leasing, or transferring a firearm; and
Did not have a valid license to sell, lease, or transfer title to a firearm.
What is a firearm?
A firearm is any device designed to be used as a weapon, that discharges a projectile through a barrel by the force of a combustion.
Example: Handguns, rifles, shotguns, and revolvers.
What is considered a sale?
Under Penal Code section 26500 a sale of a firearm consists of any sale, lease, or otherwise transfer of title to a firearm to another person.
What is required to obtain a license to sell firearms?
Under Penal Code section 26500 you must obtain a valid federal firearms license, a local regulatory or business license, a seller’s permit issued by the State Board of Equalization, a certificate of eligibility issued by the Department of Justice, and a local one-year license issued by the authorized licensing authority in the form prescribed by the California Attorney General.
Persons Not Legally Entitled to Sell or Transfer Firearms or Ammunition
Under Penal Code section 26500 there are five groups of people that are not allowed to sell, lease, or transfer firearms:
Persons under 18 years of age;
Persons suffering from mental illness;
Narcotic drug addicts;
Persons convicted of two or more misdemeanor brandishing a weapon convictions.
Exemptions to the Sale or Transfer of Firearms or Ammunition
Under Penal Code section 26500 there are seven type of transactions arranged by unlicensed people that are considered to be a lawful if a licensed person acts as a broker for the sale, lease, or transfer of firearms:
Transfer of possession of a firearm under operation of law;
Transfer of possession of a firearm under court orders to satisfy a judgment;
Transfer of possession of a firearm to a gunsmith for repair;
Temporary loan of firearms at target facilities;
Temporary loan of unloaded firearms as props for entertainment productions;
An infrequent transfer or sale of a firearm at gun shows;
Selling an unloaded antique firearm to a licensed collector.
Unlawful Sale of Firearms is a Misdemeanor in California
The unlawful sale of firearms charges are considered misdemeanors in California. You will face a separate misdemeanor charge for each firearm involved in the unlicensed sale, lease, or transfer. A misdemeanor conviction for the unlicensed sale, lease, or transfer of a firearm can result in:
Sentence to county jail for up to six months; or
A maximum fine of $1,000.
Immigration Consequences of a Conviction for the Unlawful Sale of Firearms
Title 8 U.S. Code section 1227(a)(2)(C) establishes that “any alien who at any time after admission is convicted under any law of purchasing, selling, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any destructive device in violation of any law is deportable.” This means that if you are not a U.S. citizen and are currently facing charges or have received a conviction for the unlawful sale of a firearm, you are considered a deportable alien. For immigration purposes, any conviction pertaining to firearms will be considered grounds for deportation. It is imperative that you retain an attorney who is both skilled in criminal firearms defense and knowledgeable on the nuances of immigration laws. Our San Diego criminal defense firm has vast experience handling firearms cases that have immigration implications, give us a call today so that we may begin preparing the best defense for your specific needs.
Defenses for the Unlawful Sale of Firearms
These are some of the criminal defenses that we can assert on your behalf to help you overcome the sentencing for the unlawful sale of firearms under Penal Code section 26500:
You had a valid permit to sell the weapon;
Your transaction qualifies for an exemption;
You were entrapped;
Charged with Unlawful Sale of Firearms? Call the Go-to Criminal Lawyer in San Diego
If you or a loved one are facing charges for the unlawful sale, lease, or transfer of a firearm or any other firearm-related crime, you need the representation of a criminal defense attorney who understands the exemptions and can apply them to your defense. All firearms statutes in California carry serious consequences with mandatory jail time. Do not risk your freedom!
Contact criminal defense attorney Vik Monder, he has years of experience fighting charges for negligent discharge of firearms, unlawful sale of firearms and similar charges. Vik Monder is recognized in the San Diego legal community for successfully protecting his client’s second amendment right to bear arms. Attorney Monder will put his legal team of professionals, investigators and experts to work for you and ensure you the best defense!