California Penal Code 26500 PC – Selling Firearms Without a License
California has some of the strictest firearm regulations in the country, and Penal Code 26500 PC makes it illegal to sell, lease, or transfer a firearm without a valid dealer’s license. This law applies to both private individuals and businesses, requiring all firearm transactions to go through licensed dealers who conduct background checks, waiting periods, and proper registration.
Legal Definition of Penal Code 26500 PC
Under Penal Code 26500 PC:
“(a) 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.”
“(b) Any person violating this article is guilty of a misdemeanor.”
Violating this law can result in misdemeanor charges, fines, and jail time. Prosecutors take these cases seriously, pursuing convictions even when the seller was unaware of licensing requirements.
If you have been accused of selling firearms without a license, it is important to understand the law, potential defenses, and how to fight the charges. An experienced firearm defense attorney can help protect your rights and work toward the best possible outcome in your case.
Understanding California’s Law on Unlicensed Firearm Sales
California law strictly prohibits selling, leasing, or transferring a firearm without a valid dealer’s license under 26500 PC. This applies to both individuals and businesses that attempt to conduct firearm transactions outside of the legally required processes.
California enforces strict regulations to prevent unregulated gun sales, which could allow firearms to enter the hands of prohibited individuals or contribute to illegal trafficking. Because of this, all firearm transactions must go through a licensed dealer, ensuring compliance with background checks, waiting periods, and firearm registration laws.
Under PC 26500, it is a misdemeanor offense to sell or transfer a firearm without the proper licensing. This law applies to:
- Private sellers who attempt to transfer firearms without using a licensed dealer.
- Businesses or pawnshops selling firearms without proper state or federal authorization.
- Individuals selling guns at gun shows or online without ensuring the transfer is processed through a licensed dealer.
Even if no money is exchanged, any unauthorized firearm transfer that bypasses a licensed dealer can still violate Penal Code 26500 PC.
What Counts as an Unlicensed Firearm Sale?
Selling, leasing, or transferring a firearm without a dealer’s license is considered illegal under California law, but whether a transaction violates Penal Code 26500 PC depends on the specific circumstances. Some firearm transfers may be exempt, while others can lead to criminal charges.
Common Types of Illegal Firearm Sales
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In-Person Transactions Without a Licensed Dealer
- Private individuals cannot sell guns directly to another person without going through a licensed firearm dealer.
- Even a one-time sale is illegal if not processed through a dealer.
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Online Firearm Sales and Marketplaces
- California law prohibits private sellers from selling firearms online without using a licensed dealer.
- Websites, social media, and online marketplaces that facilitate direct gun sales may result in criminal charges.
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Firearm Transfers Without Proper Paperwork
- All firearm sales require background checks and registration.
- Gifting, trading, or loaning a firearm outside of legal exemptions may be considered an unlicensed transfer.
What Legally Qualifies as “Selling” a Firearm?
- A single firearm sale without a license can lead to criminal charges.
- Multiple unlicensed sales may result in harsher penalties or additional firearm-related charges.
- Even if no money is exchanged, transferring a firearm outside of a licensed transaction may still violate PC 26500.
How Prosecutors Prove a Selling Firearms Without a License Charge
To secure a conviction for selling firearms without a license, prosecutors must present clear evidence that an illegal firearm transaction took place. Law enforcement agencies often rely on undercover operations, informants, and transaction records to build their case.
Common Types of Evidence Used in Court
Undercover Operations and Sting Investigations
- Law enforcement may conduct sting operations where undercover officers pose as buyers.
- If a suspect offers to sell a firearm without using a licensed dealer, the transaction may be recorded as evidence.
Testimony from Buyers or Informants
- Individuals who purchased a firearm illegally may testify in exchange for reduced charges.
- Confidential informants working with law enforcement can provide statements about unlicensed firearm sales.
Firearm Registration and Transaction Records
- Prosecutors will check state and federal firearm databases to determine whether a legal transfer occurred.
- If no official documentation exists for a firearm sale, it strengthens the prosecution’s argument that the transaction was illegal.
How Prosecutors Build Their Case
- Prosecutors do not need to prove intent to secure a conviction. Evidence such as financial records, undercover transactions, and witness testimony is often used to demonstrate an illegal firearm sale.
- Prosecutors may use text messages, recorded calls, or financial records to prove that an individual arranged an unlicensed firearm sale.
- If multiple transactions occurred, the prosecution may argue that the accused was operating an illegal firearm business, which can lead to more severe penalties.
Penalties for Selling Firearms Without a License – Penal Code 26500 PC
A violation of 26500 PC is a misdemeanor in California. The penalties include:
- Up to 6 months in county jail
- A fine of up to $1,000 per firearm
- Probation, depending on the case
Each unlicensed firearm sale can be charged separately, meaning multiple transactions could lead to increased fines and jail time. If the sale involved a prohibited person, such as a felon or minor, additional charges under Penal Code 27500 PC could apply, leading to harsher penalties.
Related Firearm Offenses
Some related laws could be charged in addition to or instead of Penal Code 26500, including:
- Penal Code 27545 – Private Party Transfers (mandatory licensed dealer transactions)
- Penal Code 29800 – Felon in Possession of a Firearm
- Penal Code 25400 – Carrying a Concealed Firearm
- Penal Code 27510 – Selling Firearms to a Minor
Legal Defenses Against Selling Firearms Without a License Charges
- Lack of Intent – If there was no intent to sell or transfer the firearm, the charge may not hold.
- Exempt Transactions – Certain firearm transfers, such as those between immediate family members or involving antique firearms, may be legal under California law.
- Mistaken Identity – If law enforcement incorrectly identified the person involved in the transaction, the case may be dismissed.
- Entrapment – If police pressured or tricked someone into making an illegal firearm sale, an entrapment defense may apply.
- Illegal Search and Seizure – If law enforcement violated Fourth Amendment rights by obtaining evidence unlawfully, it may be excluded from court.
A strong defense depends on the specific facts of the case. An experienced firearm defense attorney can evaluate the charges and build the best possible legal strategy.
Contact a Los Angeles Firearm Defense Attorney
If you have been accused or charged with selling firearms without a license in California, prosecutors will aggressively pursue the case against you. Even if you were unaware of the law, a conviction can have serious consequences.
At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney has over 20 years of experience successfully defending clients against firearm-related charges. Attorney Hashemi and our legal team will:
- Examine the evidence and identify legal weaknesses
- Challenge unlawful searches or entrapment tactics
- Negotiate with prosecutors to reduce or dismiss charges
- Defend you aggressively in court if necessary
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