As most of you probably know in today's day and age, anything having to do with firearms highly regulated, and if the government feels you're doing illegal things with firearms, they will come down on you like a ton of bricks. California Penal Code Section 26500 basically prevents people who aren't licensed from moving or selling guns.
So, they don't want you selling guns to your friends. They don't want you selling guns to your neighbors. The bottom line is, in order to sell a gun, you have to have a license to do so.
Exceptions from Penal Code 26500
Now there are a number of different exceptions which you might be able to utilize in the sale or transfer of a gun. Obviously, you want to look into that before you do that. But, if you've landed on this website you're probably charged with unlicensed or illegal sale of firearms, so you need some help.
What we do is, we have you come in. We
sit down and go over everything. We see if you can fall under one of the exceptions.
For example, if a court orders you – because you get a domestic violence conviction – to get rid of all your guns and you sell them to a licensed firearm dealer or destroy them in some manner.
Obviously you would be able to do that because you would be under one of the exceptions. The court ordered you to do it. You have to do it, and you have to do it the right way.
So, whether you fall under one of these exceptions is going to be a matter of looking at what I would characterize as the murky Penal Code Section related to firearms and selling or transferring them.
California Proposition 63
But again, anytime you're dealing with guns, you have to be careful because they are highly regulated. Now there's a Proposition 63 which basically forces everyone convicted of a felony to have to get rid of all of their guns.
They do a form and check to see if you have guns registered in your name. If you fill the form out wrong you can violate your probation and be charged with a new charge. That's how seriously they take this issue related to guns.
So, if you're charged with a violation of Penal Code Section 26500 – unlicensed or illegal sale of guns in any manner, give me a call. We'll sit down and go over everything and we'll see if the prosecutor really has the goods on you.
Defenses to California's Law against Unlicensed Sale of Firearms
Maybe you've got an explanation that makes sense and it fits within the framework of the gun law that allows you to be found not guilty, or maybe you don't really violate the spirit of the gun law because you really weren't trying to do anything illegal.
You were just trying to get rid of a gun and you made a mistake. That's probably something that shouldn't be prosecuted criminally. That's something we can talk about. We can get a plan together. We can get a strategy together.
Once we have of our information together, I will then approach the prosecutor and talk to them about the case and see what can be done in resolving your illegal possession or sales of a firearm case and getting you out of the criminal justice system as fast as possible.
For more information on Illegal Sale Or Transfer Of Firearms In Los Angeles, a free initial consultation is your best step. Get the information and legal answers you are seeking by calling (213) 542-0979 today.