Unlike some other states, California’s gun laws require that all private party gun transfers be brokered through a licensed California gun dealer. If you don’t participate in this type of necessary exchange, a prosecutor can charge you with a crime. The facts of the case will dictate which California gun law(s) prosecutors will accuse you of violating.
1. What crimes can a prosecutor charge?
If a party does not broker a private gun transfer with a lawful gun dealer, common charges that a prosecutor can file against the person include:
- the unlicensed sale of firearms, per Penal Code 26500 PC,
- selling dangerous firearms, per Penal Code 16590 PC, or
- Penal Code 29800a1 PC, California’s “felon with a firearm” law.
2. Do all states follow California law?
No. It’s important to understand the laws of the state in which you possess, purchase, or sell firearms. Each state has very different laws and each is independent of each other. The fact that it is okay to sell your gun at a garage sale in one state doesn’t mean that this type of transaction will be legal in another.
Before engaging in any firearm transaction, it is a good idea to check with your local attorney general about your state’s rules and regulations. Also read our article about California Safe Storage Gun Laws.
