State Codes and Statutes

Statutes > California > Pen > 26500-26590

PENAL CODE
SECTION 26500-26590



26500.  (a) No person shall sell, lease, or transfer firearms unless
the person has been issued a license pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2.
   (b) Any person violating this article is guilty of a misdemeanor.



26505.  Section 26500 does not apply to the sale, lease, or transfer
of any firearm by any of the following:
   (a) A person acting pursuant to operation of law.
   (b) A person acting pursuant to a court order.
   (c) A person acting pursuant to the Enforcement of Judgments Law
(Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure).
   (d) A person who liquidates a personal firearm collection to
satisfy a court judgment.



26510.  Section 26500 does not apply to a person acting pursuant to
subdivision (f) of Section 186.22a or Section 18000 or 18005.



26515.  Section 26500 does not apply to the sale, lease, or transfer
of a firearm if both of the following conditions are satisfied:
   (a) The sale, lease, or transfer is made by a person who obtains
title to the firearm by intestate succession or bequest, or as a
surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code.
   (b) The person disposes of the firearm within 60 days of receipt
of the firearm.


26520.  (a) Section 26500 does not apply to the infrequent sale,
lease, or transfer of firearms.
   (b) As used in this section, "infrequent" has the meaning provided
in Section 16730.



26525.  (a) Section 26500 does not apply to the sale, lease, or
transfer of used firearms, other than handguns, at gun shows or
events, as specified in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2, by a person
other than a licensee or dealer, provided the person has a valid
federal firearms license and a current certificate of eligibility
issued by the Department of Justice, as specified in Section 26710,
and provided all the sales, leases, or transfers fully comply with
Section 27545. However, the person shall not engage in the sale,
lease, or transfer of used firearms other than handguns at more than
12 gun shows or events in any calendar year and shall not sell,
lease, or transfer more than 15 used firearms other than handguns at
any single gun show or event. In no event shall the person sell more
than 75 used firearms other than handguns in any calendar year.
   (b) The Department of Justice shall adopt regulations to
administer this program and shall recover the full costs of
administration from fees assessed applicants.



26530.  Section 26500 does not apply to sales, deliveries, or
transfers of firearms between or to importers and manufacturers of
firearms licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.



26535.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies both of the following conditions:
   (a) It is made by an importer or manufacturer licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (b) It is made to a dealer or wholesaler.



26540.  Section 26500 does not apply to deliveries and transfers of
firearms made pursuant to Sections 18000 and 18005, pursuant to
Division 4 (commencing with Section 18250) of Title 2, or pursuant to
Sections 34005 and 34010.


26545.  Section 26500 does not apply to the loan of a firearm for
the purposes of shooting at targets, if the loan occurs on the
premises of a target facility that holds a business or regulatory
license or on the premises of any club or organization organized for
the purposes of practicing shooting at targets upon established
ranges, whether public or private, if the firearm is at all times
kept within the premises of the target range or on the premises of
the club or organization.



26550.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following
requirements:
   (a) It is made by a manufacturer, importer, or wholesaler licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (b) It is made to a person who resides outside this state and is
licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.


26555.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following
requirements:
   (a) It is made by a person who resides outside this state and is
licensed outside this state pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (b) It is made to a manufacturer, importer, or wholesaler.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.



26560.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms by a wholesaler to a dealer.



26565.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following conditions:
   (a) It is made by a person who resides outside this state.
   (b) It is made to a person licensed pursuant to Sections 26700 to
26915, inclusive.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.



26570.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following conditions:
   (a) It is made by a person who resides outside this state and is
licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (b) It is made to a dealer.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.



26575.  Section 26500 does not apply to the sale, delivery, or
transfer of an unloaded firearm by one wholesaler to another
wholesaler if that firearm is intended as merchandise in the
receiving wholesaler's business.



26580.  Section 26500 does not apply to the loan of an unloaded
firearm or the loan of a firearm loaded with blank cartridges for use
solely as a prop for a motion picture, television, or video
production or entertainment or theatrical event.




26585.  Section 26500 does not apply to the delivery of an unloaded
firearm that is a curio or relic, as defined in Section 478.11 of
Title 27 of the Code of Federal Regulations, if the delivery
satisfies all of the following conditions:
   (a) It is made by a person licensed as a collector pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (b) It is made by a person with a current certificate of
eligibility issued pursuant to Section 26710.
   (c) It is made to a dealer.



26587.  Section 26500 does not apply to either of the following:
   (a) A loan of a firearm to a gunsmith for service or repair.
   (b) The return of the firearm by the gunsmith.



26588.  Section 26500 does not apply to any of the following:
   (a) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 1 (commencing with Section 18710) of Division 5
of Title 2 by a person who holds a permit issued pursuant to Article
3 (commencing with Section 18900) of that chapter, if the sale,
delivery, transfer, or return is conducted in accordance with the
terms and conditions of the permit.
   (b) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 2 (commencing with Section 30500) of Division 10
by a person who holds a permit issued pursuant to Section 31005, if
the sale, delivery, transfer, or return is conducted in accordance
with the terms and conditions of the permit.
   (c) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 6 (commencing with Section 32610) of Division 10
by a person who holds a permit issued pursuant to Section 32650, if
the sale, delivery, transfer, or return is conducted in accordance
with the terms and conditions of the permit.
   (d) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Article 2 (commencing with Section 33300) of Chapter 8
of Division 10 by a person who holds a permit issued pursuant to
Section 33300, if the sale, delivery, transfer, or return is
conducted in accordance with the terms and conditions of the permit.



26590.  Section 26500 does not apply to deliveries, transfers, or
returns of firearms made by a court or a law enforcement agency
pursuant to Chapter 2 (commencing with Section 33850) of Division 11.


State Codes and Statutes

Statutes > California > Pen > 26500-26590

PENAL CODE
SECTION 26500-26590



26500.  (a) No person shall sell, lease, or transfer firearms unless
the person has been issued a license pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2.
   (b) Any person violating this article is guilty of a misdemeanor.



26505.  Section 26500 does not apply to the sale, lease, or transfer
of any firearm by any of the following:
   (a) A person acting pursuant to operation of law.
   (b) A person acting pursuant to a court order.
   (c) A person acting pursuant to the Enforcement of Judgments Law
(Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure).
   (d) A person who liquidates a personal firearm collection to
satisfy a court judgment.



26510.  Section 26500 does not apply to a person acting pursuant to
subdivision (f) of Section 186.22a or Section 18000 or 18005.



26515.  Section 26500 does not apply to the sale, lease, or transfer
of a firearm if both of the following conditions are satisfied:
   (a) The sale, lease, or transfer is made by a person who obtains
title to the firearm by intestate succession or bequest, or as a
surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code.
   (b) The person disposes of the firearm within 60 days of receipt
of the firearm.


26520.  (a) Section 26500 does not apply to the infrequent sale,
lease, or transfer of firearms.
   (b) As used in this section, "infrequent" has the meaning provided
in Section 16730.



26525.  (a) Section 26500 does not apply to the sale, lease, or
transfer of used firearms, other than handguns, at gun shows or
events, as specified in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2, by a person
other than a licensee or dealer, provided the person has a valid
federal firearms license and a current certificate of eligibility
issued by the Department of Justice, as specified in Section 26710,
and provided all the sales, leases, or transfers fully comply with
Section 27545. However, the person shall not engage in the sale,
lease, or transfer of used firearms other than handguns at more than
12 gun shows or events in any calendar year and shall not sell,
lease, or transfer more than 15 used firearms other than handguns at
any single gun show or event. In no event shall the person sell more
than 75 used firearms other than handguns in any calendar year.
   (b) The Department of Justice shall adopt regulations to
administer this program and shall recover the full costs of
administration from fees assessed applicants.



26530.  Section 26500 does not apply to sales, deliveries, or
transfers of firearms between or to importers and manufacturers of
firearms licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.



26535.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies both of the following conditions:
   (a) It is made by an importer or manufacturer licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (b) It is made to a dealer or wholesaler.



26540.  Section 26500 does not apply to deliveries and transfers of
firearms made pursuant to Sections 18000 and 18005, pursuant to
Division 4 (commencing with Section 18250) of Title 2, or pursuant to
Sections 34005 and 34010.


26545.  Section 26500 does not apply to the loan of a firearm for
the purposes of shooting at targets, if the loan occurs on the
premises of a target facility that holds a business or regulatory
license or on the premises of any club or organization organized for
the purposes of practicing shooting at targets upon established
ranges, whether public or private, if the firearm is at all times
kept within the premises of the target range or on the premises of
the club or organization.



26550.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following
requirements:
   (a) It is made by a manufacturer, importer, or wholesaler licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (b) It is made to a person who resides outside this state and is
licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.


26555.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following
requirements:
   (a) It is made by a person who resides outside this state and is
licensed outside this state pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (b) It is made to a manufacturer, importer, or wholesaler.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.



26560.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms by a wholesaler to a dealer.



26565.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following conditions:
   (a) It is made by a person who resides outside this state.
   (b) It is made to a person licensed pursuant to Sections 26700 to
26915, inclusive.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.



26570.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following conditions:
   (a) It is made by a person who resides outside this state and is
licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (b) It is made to a dealer.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.



26575.  Section 26500 does not apply to the sale, delivery, or
transfer of an unloaded firearm by one wholesaler to another
wholesaler if that firearm is intended as merchandise in the
receiving wholesaler's business.



26580.  Section 26500 does not apply to the loan of an unloaded
firearm or the loan of a firearm loaded with blank cartridges for use
solely as a prop for a motion picture, television, or video
production or entertainment or theatrical event.




26585.  Section 26500 does not apply to the delivery of an unloaded
firearm that is a curio or relic, as defined in Section 478.11 of
Title 27 of the Code of Federal Regulations, if the delivery
satisfies all of the following conditions:
   (a) It is made by a person licensed as a collector pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (b) It is made by a person with a current certificate of
eligibility issued pursuant to Section 26710.
   (c) It is made to a dealer.



26587.  Section 26500 does not apply to either of the following:
   (a) A loan of a firearm to a gunsmith for service or repair.
   (b) The return of the firearm by the gunsmith.



26588.  Section 26500 does not apply to any of the following:
   (a) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 1 (commencing with Section 18710) of Division 5
of Title 2 by a person who holds a permit issued pursuant to Article
3 (commencing with Section 18900) of that chapter, if the sale,
delivery, transfer, or return is conducted in accordance with the
terms and conditions of the permit.
   (b) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 2 (commencing with Section 30500) of Division 10
by a person who holds a permit issued pursuant to Section 31005, if
the sale, delivery, transfer, or return is conducted in accordance
with the terms and conditions of the permit.
   (c) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 6 (commencing with Section 32610) of Division 10
by a person who holds a permit issued pursuant to Section 32650, if
the sale, delivery, transfer, or return is conducted in accordance
with the terms and conditions of the permit.
   (d) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Article 2 (commencing with Section 33300) of Chapter 8
of Division 10 by a person who holds a permit issued pursuant to
Section 33300, if the sale, delivery, transfer, or return is
conducted in accordance with the terms and conditions of the permit.



26590.  Section 26500 does not apply to deliveries, transfers, or
returns of firearms made by a court or a law enforcement agency
pursuant to Chapter 2 (commencing with Section 33850) of Division 11.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Pen > 26500-26590

PENAL CODE
SECTION 26500-26590



26500.  (a) No person shall sell, lease, or transfer firearms unless
the person has been issued a license pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2.
   (b) Any person violating this article is guilty of a misdemeanor.



26505.  Section 26500 does not apply to the sale, lease, or transfer
of any firearm by any of the following:
   (a) A person acting pursuant to operation of law.
   (b) A person acting pursuant to a court order.
   (c) A person acting pursuant to the Enforcement of Judgments Law
(Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure).
   (d) A person who liquidates a personal firearm collection to
satisfy a court judgment.



26510.  Section 26500 does not apply to a person acting pursuant to
subdivision (f) of Section 186.22a or Section 18000 or 18005.



26515.  Section 26500 does not apply to the sale, lease, or transfer
of a firearm if both of the following conditions are satisfied:
   (a) The sale, lease, or transfer is made by a person who obtains
title to the firearm by intestate succession or bequest, or as a
surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code.
   (b) The person disposes of the firearm within 60 days of receipt
of the firearm.


26520.  (a) Section 26500 does not apply to the infrequent sale,
lease, or transfer of firearms.
   (b) As used in this section, "infrequent" has the meaning provided
in Section 16730.



26525.  (a) Section 26500 does not apply to the sale, lease, or
transfer of used firearms, other than handguns, at gun shows or
events, as specified in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2, by a person
other than a licensee or dealer, provided the person has a valid
federal firearms license and a current certificate of eligibility
issued by the Department of Justice, as specified in Section 26710,
and provided all the sales, leases, or transfers fully comply with
Section 27545. However, the person shall not engage in the sale,
lease, or transfer of used firearms other than handguns at more than
12 gun shows or events in any calendar year and shall not sell,
lease, or transfer more than 15 used firearms other than handguns at
any single gun show or event. In no event shall the person sell more
than 75 used firearms other than handguns in any calendar year.
   (b) The Department of Justice shall adopt regulations to
administer this program and shall recover the full costs of
administration from fees assessed applicants.



26530.  Section 26500 does not apply to sales, deliveries, or
transfers of firearms between or to importers and manufacturers of
firearms licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.



26535.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies both of the following conditions:
   (a) It is made by an importer or manufacturer licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (b) It is made to a dealer or wholesaler.



26540.  Section 26500 does not apply to deliveries and transfers of
firearms made pursuant to Sections 18000 and 18005, pursuant to
Division 4 (commencing with Section 18250) of Title 2, or pursuant to
Sections 34005 and 34010.


26545.  Section 26500 does not apply to the loan of a firearm for
the purposes of shooting at targets, if the loan occurs on the
premises of a target facility that holds a business or regulatory
license or on the premises of any club or organization organized for
the purposes of practicing shooting at targets upon established
ranges, whether public or private, if the firearm is at all times
kept within the premises of the target range or on the premises of
the club or organization.



26550.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following
requirements:
   (a) It is made by a manufacturer, importer, or wholesaler licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (b) It is made to a person who resides outside this state and is
licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.


26555.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following
requirements:
   (a) It is made by a person who resides outside this state and is
licensed outside this state pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (b) It is made to a manufacturer, importer, or wholesaler.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.



26560.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms by a wholesaler to a dealer.



26565.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following conditions:
   (a) It is made by a person who resides outside this state.
   (b) It is made to a person licensed pursuant to Sections 26700 to
26915, inclusive.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.



26570.  Section 26500 does not apply to any sale, delivery, or
transfer of firearms that satisfies all of the following conditions:
   (a) It is made by a person who resides outside this state and is
licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (b) It is made to a dealer.
   (c) It is made in accordance with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.



26575.  Section 26500 does not apply to the sale, delivery, or
transfer of an unloaded firearm by one wholesaler to another
wholesaler if that firearm is intended as merchandise in the
receiving wholesaler's business.



26580.  Section 26500 does not apply to the loan of an unloaded
firearm or the loan of a firearm loaded with blank cartridges for use
solely as a prop for a motion picture, television, or video
production or entertainment or theatrical event.




26585.  Section 26500 does not apply to the delivery of an unloaded
firearm that is a curio or relic, as defined in Section 478.11 of
Title 27 of the Code of Federal Regulations, if the delivery
satisfies all of the following conditions:
   (a) It is made by a person licensed as a collector pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (b) It is made by a person with a current certificate of
eligibility issued pursuant to Section 26710.
   (c) It is made to a dealer.



26587.  Section 26500 does not apply to either of the following:
   (a) A loan of a firearm to a gunsmith for service or repair.
   (b) The return of the firearm by the gunsmith.



26588.  Section 26500 does not apply to any of the following:
   (a) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 1 (commencing with Section 18710) of Division 5
of Title 2 by a person who holds a permit issued pursuant to Article
3 (commencing with Section 18900) of that chapter, if the sale,
delivery, transfer, or return is conducted in accordance with the
terms and conditions of the permit.
   (b) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 2 (commencing with Section 30500) of Division 10
by a person who holds a permit issued pursuant to Section 31005, if
the sale, delivery, transfer, or return is conducted in accordance
with the terms and conditions of the permit.
   (c) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Chapter 6 (commencing with Section 32610) of Division 10
by a person who holds a permit issued pursuant to Section 32650, if
the sale, delivery, transfer, or return is conducted in accordance
with the terms and conditions of the permit.
   (d) The sale, delivery, transfer, or return of a firearm regulated
pursuant to Article 2 (commencing with Section 33300) of Chapter 8
of Division 10 by a person who holds a permit issued pursuant to
Section 33300, if the sale, delivery, transfer, or return is
conducted in accordance with the terms and conditions of the permit.



26590.  Section 26500 does not apply to deliveries, transfers, or
returns of firearms made by a court or a law enforcement agency
pursuant to Chapter 2 (commencing with Section 33850) of Division 11.