US dollars with bullets sitting on them

Unlicensed Sale of Firearms

US dollars with bullets on themAll sales of firearms in California are required to be completed through a licensed dealer. That includes the sale and purchase of firearms between private individuals. The law provides no exceptions to this rule.

Although the parties are permitted to arrange for the sale of a firearm, the sale and purchase must be done through a licensed dealer. Both parties must be present at the time of the sale of the firearm. Each must be at least 21 years of age. All sales must be recorded, and there’s a 10 day waiting period to take possession of the firearm. If the gun isn’t picked up within 30 days, the dealer is required to cancel the transaction. Unless otherwise exempt, a person may only purchase one handgun every 30 days. A violation for each firearm illegally sold constitutes a separate offense.  A person arrested for the unlawful sale of a firearm in California is ordinarily taken into custody and processed into the county jail in the county of arrest.  If you find yourself in this situation, you should contact an experienced bail bond agent.

What Does “Emancipated” Mean?

California Penal Code 26500(a)

California Penal Code 26500(a) defines a firearm as a device that is designed to be used as a weapon from which a projectile is expelled through a barrel by explosion or any other combustion. These would include pistols, revolvers, handguns, rifles, shotguns and even the frame or receiver of any of those guns. A number of people are prohibited from possessing firearms in California, including convicted felons or those under indictment for a felony.

The penalty for unlawful sale of a firearm in California is up to six months in jail and a fine not to exceed $1,000. The court might also impose other sentencing conditions. Having found that guns were used in many serious crimes, the California legislature enacted this statute. Many municipalities in the state have firearm ordinances that are even more restrictive than the state statutes.

A California resident who is permitted to own or possess a firearm is also permitted to sell a firearm to a resident of another state. The required federal steps involved in doing so make the transaction difficult though. They’re also permitted to transfer the firearm to the resident of another state, but federal steps are also involved.

Arrest and Penalties

For purposes of bail bond, each county has its own bail bond schedule setting the applicable bail bond amount for the crime a person was arrested for. Two alternatives then arise. First, the arrestee can enlist the services of a licensed bail bond agency. The agency then arranges for the release of the arrestee from custody rather quickly. The second alternative involves delays and a bond hearing before a judge. There’s potentially more exposure with this second alternative though, as a judge might set a bond higher than the county’s schedule. The far safer and quicker alternative is to enlist the services of a licensed bail bond agent. You obtain the early release of the arrestee from custody without the delay, necessity and increased exposure of appearing before a judge for a bond hearing.

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