Crimes Relating to Sale, Lease, or Transfer of Firearms
Cal. PEN § 27590
California Statutes
(
a) Except as provided in subdivision (b), (c), or (e), a violation of this
article is a misdemeanor. (
b) If any of the following circumstances apply, a violation of this
article is punishable by imprisonment pursuant to subdivision (
h) of
Section for two, three, or four years:
(1) If the violation is of subdivision (
a) of
Section 27500.
(2) If the defendant has a prior conviction of violating the provisions, other than
Section 27535,
Section involving a firearm that is not a handgun, or
Section involving a firearm that is not a handgun, of this
article or former
Section of this code, as
Section read at any time from when it was enacted by
Section of
Chapter of the Statutes of to when it was repealed by
Section of
Chapter of the Statutes of 1994, or
Section of the Welfare and Institutions Code.
(3) If the defendant has a prior conviction of violating any offense specified in
Section or of a violation of
Section or 33410, or of former
Section 12560, as that
section read at any time from when it was enacted by
Section of
Chapter of the Statutes of to when it was repealed by
Section of
Chapter of the Statutes of 1990, or of any provision listed in
Section 16590.
(4) If the defendant is in a prohibited class described in
Chapter 2 (commencing with
Section 29800) or
Chapter 3 (commencing with
Section 29900) of Division of this title, or
Section or of the Welfare and Institutions Code.
(5) A violation of this
article by a person who actively participates in a “criminal street gang” as defined in
Section 186.22.
(6) A violation of
Section involving the delivery of any firearm to a person who the dealer knows, or should know, is a minor. (
c) If any of the following circumstances apply, a violation of this
article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (
h) of
Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:
(1) A violation of
Section 27515, 27520, or subdivision (
b) of
Section 27500.
(2) A violation of
Section involving the sale, loan, or transfer of a handgun or a centerfire semiautomatic rifle to a minor.
(3) A violation of
Section involving the delivery of a handgun or a centerfire semiautomatic rifle.
(4) A violation of subdivision (a), (c), (d), (e), or (
f) of
Section involving a handgun or a centerfire semiautomatic rifle.
(5) A violation of
Section involving a handgun or a centerfire semiautomatic rifle.
(6) A violation of
Section 27550.
(7) A violation of
Section involving a handgun or a centerfire semiautomatic rifle. (
d) If both of the following circumstances apply, an additional term of imprisonment pursuant to subdivision (
h) of
Section for one, two, or three years shall be imposed in addition and consecutive to the sentence prescribed:
(1) A violation of
Section or subdivision (
b) of
Section 27500.
(2) The firearm transferred in violation of
Section or subdivision (
b) of
Section is used in the subsequent commission of a felony for which a conviction is obtained and the prescribed sentence is imposed. (e)
(1) A first violation of
Section is an infraction punishable by a fine of fifty dollars ($50).
(2) A second violation of
Section is an infraction punishable by a fine of one hundred dollars ($100).
(3) A third or subsequent violation of
Section is a misdemeanor.
(4) For purposes of this subdivision, each application to purchase a handgun or semiautomatic centerfire rifle in violation of