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California Penal Code Covering the Sale of Weapons

    California Law

    • California Penal Code Sections 12070-12086 cover the sale of firearms within the state. Section 12070(a) states that anyone who sells, leases, or transfers a firearm without a license is guilty of a misdemeanor, which is punishable by up to $2,000 in fines, and up to one year in jail.

    Exceptions

    • Section 12070 allows transfer or sale of firearms without a license to certain people, such as police officers. It allows the transfer or sale of large (unconcealed) weapons at gun shows (the seller must still have a valid federal firearms license and a current certificate of eligibility), and for certain special situations, like historical weaponry, or loaning a weapon to be fired at a gun range.

    Dealer License

    • California firearm dealer license requirements are explained in Section 12071. A dealer is required to posses a valid federal firearms license, a business license, a seller's permit from the State Board of Equalization, and a certificate of eligibility from the California Department of Justice.

    Recordkeeping

    • Pursuant to Section 12073, all dealers shall keep a record of all sales, deliveries, or transfers of firearms to any entity within or outside of California. Any firearm returns must also be recorded, including any transfers of a firearm for purposes of improvement or repair. All sales information must be submitted to the California Department of Justice. Violation of record-keeping rules is a misdemeanor.

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