When Does Selling Weapons Become Arms Trafficking?

Posted on: December 15th, 2021 by Dod Law

While the Second Amendment protects an individual’s rights to own a firearm, California’s state laws around gun ownership are restrictive. The restrictions on gun ownership are set forth to protect everyone’s privileges while still keeping residents safe. One of the biggest reasons for these regulations is to make sure there is no illegal selling of firearms.  Learn more about arms trafficking.

California arms trafficking is a serious charge and can result in harsh penalties that impact your life. Not only can you face expensive fines but possible incarceration and a loss of your Second Amendment privileges. If you face a possible firearms trafficking charge, seek legal representation from a California criminal defense lawyer as soon as possible.

What Is Arms Trafficking?

When an individual or group sells, leases, or transfers firearms without a proper license, they commit an illegal transaction. Under California Penal Code § 26500, the illegal selling of firearms or ammunition is called arms trafficking and is also referred to as gun-running. Individuals looking to purchase a firearm or ammunition lawfully will need to file the proper paperwork and license or be in violation of the law.

The penalties for being caught selling or transferring guns or ammunition can result in six months in county jail and up to a $1,000 fine. Your penalties can increase if you have any aggravating factors such as being accused of another crime, convicted of prior illegal weapons handling, or illegally owning firearms.

How Can Selling Weapons Become Arms Trafficking in California?

The transaction must go through a licensed dealer for a firearm to legally be sold. When an individual does not have a license or gives their license to another individual, they commit a serious crime that can cost them their freedom of handling a weapon. Another critical factor in purchasing a gun is that the buyer must wait ten days before the seller can give them the gun. If the seller hands over the gun without waiting the required period, they are breaking the rules, and this can result in an arms-trafficking charge.

Every individual who buys a gun must go through a background check to ensure the customer is legally allowed to purchase and own a firearm. California law states that convicted felons are not allowed to own firearms, and a background check will make sure that their history checks out before selling a firearm to an individual.

As soon as the seller neglects to follow the government’s regulations and rules, they can face arms trafficking charges. There are many ways that this can happen unknowingly or without your supervision. From not enforcing the waiting period to not having a proper license, any illegal act during the purchase can place an arms trafficking charge on your shoulders. If you are suffering a charge and need immediate legal assistance, contact a reliable California defense attorney who understands state laws. They can help guide you through the case and gather the information you’ll need to build your defense.

Contact a Dependable California Defense Attorney at Dod Law, APC

An arms trafficking charge can harm your future career, relationships, and other freedoms. Our team at Dod Law, APC understands how difficult this time is for you, and we’re dedicated to making sure you are properly protected and represented in legal proceedings. With 17 years of experience advocating for the interests and rights of clients, Attorney Dod is fully prepared to stay by your side every step of the way. All across California, Attorney Dod has helped clients develop their strategy and advise their next steps.

Call (619) 814-5110 or fill out our contact form to learn more about how Attorney Dod can help you with your arms trafficking case.