Under Penal Code § 26500

All distribution and sales of firearms in California are governed by incredibly strict guidelines set forth primarily in Penal Code § 26500. The failure to comply with the procedures set forth in these sections will be a misdemeanor and punishable by up to 1 year in county jail. Penal Code § 26500 sets forth the various procedures and guidelines one must adhere to in the sale of firearms, and also provides for exceptions and exemptions to the guidelines. There are literally dozens of criteria that must be followed under Penal Code § 26500 including rules governing proper licenses, permits, specifically worded signs that must be on display at the point of sale, waiting periods, mandatory background checks, who can and cannot be sold a firearm etc. A failure to adhere to the provisions of this section in any way might subject an individual to full punishment under the law, which varies greatly depending on the specifically alleged violation.

Many of the provisions in this section will allow punishment even for an innocent mistake in failing to properly obtain a license. However, other provisions, such as completing a sale to a felon, will require that you knew or should have known that they were a felon. If the felon went to great lengths hiding the information, to the point that a diligent background check would not have revealed the criminal record, you cannot be properly convicted under this section. The prosecution will begin building a case against you as soon as you are arrested and charged. Because of the many ways one could be prosecuted under this section, it is imperative that you contact a San Diego firearms attorney immediately so that you may discuss the facts specific to your case, what punishments you might possibly be facing, and begin ensuring your rights and liberties are protected.