Selling guns without a license in California is a serious offense that can lead to criminal charges, hefty fines, and even prison time. If you've been accused of this crime, it's critical to understand the charges, the laws that apply, and how a skilled California criminal defense lawyer—like those at The Law Offices of Christopher Chaney—can help protect your rights and your future. Whether you're being investigated or already charged, acting quickly could make all the difference in your case.
California takes unlicensed gun sales seriously, and the penalties reflect that. The law is complex, especially when it comes to private sales, inherited firearms, and online transactions. Let’s break down what you need to know if you're facing accusations of selling firearms without proper licensing in California.
When Is a License Required to Sell Guns in California?
Under both California state law and federal law, you typically need to be licensed to sell, transfer, or deal firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) requires anyone “engaged in the business” of selling firearms to obtain a Federal Firearms License (FFL).
California goes further by also requiring a Certificate of Eligibility (COE) and a state firearm dealer license, which includes a background check and approval by the California Department of Justice (DOJ).
If you're not a licensed dealer, you are prohibited from selling or transferring firearms for profit. Occasional private sales between individuals are also tightly regulated and must go through a licensed dealer for background checks and documentation.
Common Situations That Lead to Accusations
You can be accused of selling guns without a license under several different scenarios, including:
- Private sales without using a licensed dealer as a middleman
- Online gun sales shipped directly to another individual
- Selling firearms at gun shows without proper licensing
- Repeated transfers of inherited or collected firearms that resemble a business
- Selling homemade or "ghost" guns
Even if you didn’t think you were doing anything wrong, California prosecutors may still build a case if they believe your actions violated the law.
What Consequences Could You Face for Unlicensed Gun Sales in California?
Selling firearms without the required license is typically charged as a misdemeanor in California, although some cases may be prosecuted as felonies depending on the circumstances.
Potential penalties include:
- Up to 6 months in jail
- Fines up to $1,000 for each firearm sold
- Permanent criminal record
If your case involves selling to prohibited persons (like felons or minors), transporting guns across state lines, or selling high-capacity or assault weapons, you may face additional, more serious charges.
Similar Post: How Long Do Misdemeanors Stay On Your Record?
Federal Law Also Applies
Under federal law (18 U.S. Code § 922), anyone “engaged in the business” of selling firearms must have a valid FFL. Failure to comply may lead to:
- Up to 10 years in federal prison
- Fines up to $250,000
- Seizure of firearms and other property
This means that even if your case starts in California state court, federal authorities could get involved—especially if the alleged activity crossed state lines or involved prohibited weapons.
How Can You Defend Against These Charges?
Being accused doesn’t mean you’re automatically guilty. A strong legal defense may lead to reduced charges, dismissal, or an acquittal. Your attorney will evaluate the evidence and look for possible defenses, such as:
1. Lack of Criminal Intent
You must have knowingly and willfully violated the law. If you were unaware of the requirement or believed you were following the correct process, it could affect your case.
2. You Were Not “Engaged in the Business”
While federal law focuses on individuals who are regularly engaged in the business of selling firearms for profit, that doesn’t mean you’re off the hook for occasional or private sales. Even isolated transactions—such as selling a gun to a friend or through an online platform—can still lead to criminal charges in California if they violate state regulations or bypass required background checks.
However, if your attorney can demonstrate that you weren’t running a commercial firearms operation, this may help reduce the severity of the charges or penalties. It could make the difference between a misdemeanor and a felony, or even lead to reduced sentencing. A skilled defense lawyer can argue these distinctions on your behalf.
3. Entrapment or Misconduct
If law enforcement officers pressured or tricked you into making a sale you otherwise would not have made, entrapment may be a valid defense.
4. Illegal Search or Seizure
If police obtained evidence without a proper warrant or probable cause, your attorney may be able to suppress key evidence.
Similar Post: What Kind of Proof Is Needed for a Conviction?
Why You Need a Criminal Defense Attorney
California's gun laws are complex and constantly evolving. A conviction can have life-changing consequences, including jail time, lost rights, and damaged reputation. That’s why it’s vital to speak with a skilled criminal defense attorney—like the legal team at The Law Offices of Christopher Chaney—who understands the nuances of California gun laws and how to build a strong defense.
Your firearms defense lawyer can:
- Analyze the evidence and determine if your rights were violated
- Represent you during questioning, hearings, or plea negotiations
- Challenge the prosecution’s interpretation of the law
- Seek to get the charges reduced or dismissed entirely
What to Do If You’ve Been Accused
If you’ve been contacted by law enforcement, investigated, or arrested for unlicensed firearm sales, here’s what to do:
- Do not speak to investigators without a lawyer present.
- Avoid talking about your case online or with friends.
- Do not destroy or hide any evidence.
- Consult with an experienced criminal defense attorney immediately.
Time is critical. The earlier you get legal representation, the more options you may have for resolving the case successfully.
Facing Gun Sale Charges in California? Contact The Law Offices of Christopher Chaney Today
Selling guns without a license in California can lead to severe criminal penalties—but with the right legal defense, you may be able to avoid conviction and protect your future. Whether you’re being investigated or already charged, the attorneys at The Law Offices of Christopher Chaney are ready to help.
Our team understands California firearm laws inside and out. We’ve represented countless clients in Los Angeles and the surrounding areas accused of gun-related crimes. We will fight tirelessly to protect your rights. Don’t wait until it’s too late. Contact us today at 818-330-5198 for a confidential consultation and let’s start building your defense.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a qualified attorney about your specific legal situation.
