Unlicensed Or Illegal Sale of Firearms – Penal Code Section 26500
As most of you probably know, in today's day and age, anything having to do with firearms is 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 that in order to sell a gun, you have to have a license to do so.
Now, there are a number of different exceptions that you can 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 will 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 will depend on 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 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 out the form 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 to see if the prosecutor really has the goods for you.
Defenses to California's Law against Unlicensed Sale of Firearms
Maybe you've got an explanation that makes sense and fits within the framework of the gun law, which allows you to be found not guilty. Or maybe you don't really violate the spirit of the gun law because you 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. We can talk about it, make a plan, and develop a strategy.
Once we have our information together, I will then approach the prosecutor and talk to them about the case. I will see what can be done to resolve your illegal possession or sales of a firearm case and get you out of the criminal justice system as fast as possible.
