In an effort to combat gun violence, California has implemented very strict gun laws. While none of these restrictions takes away its citizens’ Second Amendment right, the laws surrounding ownership of a gun are much more restrictive than many states. As such, gun sales laws are also very strict. Failing to abide by the law when selling firearms could even result in a charge of arms trafficking.
What Is Arms Trafficking?
In California, arms trafficking, sometimes known as “gun running,” prohibits the sale, lease, or transfer of firearms or ammunition without having a proper license. In other words, in order to sell a firearm in California, an individual must have the necessary paperwork and license to do so. Failure to comply with this is a violation of the law.
Those who are convicted of arms trafficking may face a fine of up to $1,000 and up to six months in county jail. But those who are found to have aggravating factors such as prior convictions for the same crime may receive a longer sentence.
In addition to having the required paperwork and license, those intending to sell a gun to someone are required to wait 10 days before handing over the gun. Failure to comply with this rule is also a violation of the law that could lead to a charge of arms trafficking.
Finally, sellers must conduct a background check on each customer in order to ensure that he or she is not a convicted felon (Convicted felons are prohibited from owning firearms). Therefore failure to conduct the proper background check can also land you in jail.
What Is the Difference Between Selling and Trafficking Firearms?
When someone follows all of the laws surrounding selling a gun it is considered a sale. However, if a seller fails to follow any of these laws this can become an incident of gun trafficking.
However, with such complex laws surrounding the sale of firearms, sometimes sellers can make an error – or be impacted by the error of someone else. For instance, a seller could conduct the proper background check and it could come back clean even though the customer has been prohibited from owning a gun. This is where a qualified California criminal defense attorney can help.
The Law Office of Ronald L. Freeman Helps Those in California Who Have Been Charged with a Crime
If you or a loved one has been charged with a crime in California, you should be sure to take it seriously. Such a charge can have tremendous life-long effects on you. That’s why it is so important to consult with a knowledgeable and experienced San Bernardino and Riverside criminal defense attorney who understands criminal law and can help to walk you through the whole process.
At the Law Office of Ronald L. Freeman, our San Bernardino and Riverside criminal defense attorneys will work to defend your freedom, collect proper evidence to help your case, and work hard to have the criminal charges against you dropped or reduced. To learn more or to schedule a free consultation, contact us today!