Oakland Unlawful Sale of Firearm Defense Lawyer
Charged with unlawful firearm sale under PC § 27500 or 27545? California has the strictest firearm sales laws in the country — felony exposure plus federal straw purchase charges. Attorney Seth Morris defends firearm sale cases throughout Oakland and Alameda County. Free consultation 24/7.
What Is Unlawful Sale of a Firearm in California?
California has some of the strictest firearm sales laws in the country. Under Penal Code § 27500 and related statutes, it is illegal to sell, transfer, or give a firearm to anyone prohibited from owning one — felons, individuals subject to restraining orders, persons with certain mental health holds, minors, and others.
Additionally, ALL firearm transfers in California must go through a licensed dealer (FFL) with a 10-day waiting period and background check. Private “person-to-person” sales are prohibited under PC § 27545 unless conducted through an FFL.
If you face unlawful firearm sale charges in Oakland or anywhere in Alameda County, call Morris Law: (510) 824-8831 — available 24/7.
Types of Unlawful Firearm Sales
Sale to Prohibited Person — PC § 27500
Knowingly selling, transferring, or giving a firearm to a prohibited person:
- Felons (PC § 29800 prohibits felon possession)
- Persons subject to domestic violence restraining orders
- Persons under 18
- Persons with mental health holds (5150/5250)
- Persons addicted to narcotics
Penalty: 16 months, 2, or 3 years state prison (felony).
Failure to Conduct FFL Transfer — PC § 27545
Selling or transferring without going through a licensed dealer. Penalty: misdemeanor — up to 1 year county jail.
Unlawful “Straw Purchase”
Buying a firearm for someone who is prohibited from owning one. Federal felony under 18 U.S.C. § 922(a)(6) — up to 10 years federal prison.
Common Defenses
- Lack of knowledge — You didn’t know the buyer was prohibited
- Lawful exemption — Family transfers, inheritance, infrequent transfers between specific relatives are exempt
- FFL was involved — The transfer was properly processed
- Constitutional challenges — Post-Bruen Second Amendment defenses to overly restrictive regulations
- Entrapment — In ATF sting operations
Related Charges
Why Oakland Clients Choose Morris Law for Unlawful Sale of a Firearm Defense
Morris Law has built a reputation for aggressive, locally-focused criminal defense throughout the East Bay. When you’re facing unlawful firearm sale charges in Alameda County, the experience that matters isn’t generic — it’s specific knowledge of how cases move through the local court system.
Deep Familiarity with Alameda County Courts
Every unlawful firearm sale case in Oakland passes through Alameda County Superior Court. Misdemeanor matters are heard at the Wiley W. Manuel Courthouse at 661 Washington Street in downtown Oakland. Felony cases move to the René C. Davidson Courthouse at 1225 Fallon Street, near Lake Merritt. Federal cases — when applicable — go to the U.S. District Court for the Northern District of California. Attorney Seth Morris has appeared in all of these courtrooms hundreds of times.
Serving All of Oakland’s Neighborhoods
We represent clients from throughout Oakland — Downtown Oakland, East Oakland, West Oakland, North Oakland, Fruitvale, Rockridge, Temescal, Montclair, Lake Merritt, Jack London Square, and the Coliseum area. We also serve surrounding Alameda County cities including Alameda, Piedmont, Emeryville, San Leandro, Hayward, Fremont, Pleasanton, and Dublin.
A Practice Built on Hard Cases
Morris Law handles the full range of California criminal charges:
- Violent crime defense — assault, battery, criminal threats, kidnapping, stalking
- Domestic violence defense — PC 273.5, PC 243(e)(1), restraining orders
- DUI defense — first, second, third offense, felony DUI
- Drug crime defense — possession, sales, trafficking
- Sex crime defense — sensitive cases requiring discreet representation
- Weapons charges — gun crimes and California firearm law
- Theft crime defense — robbery, burglary, identity theft
- Federal criminal defense — Northern District of California
- White collar crime defense — fraud, RICO, financial crimes
Strategic Bail and Pretrial Release
Many unlawful firearm sale cases involve high bail or pretrial detention. We pursue bail reduction, OR release, and pretrial diversion where available. Read more: California bail, Santa Rita Jail guide, arraignment process.
Frequently Asked Questions About Oakland Unlawful Sale of a Firearm Charges
What is unlawful sale of a firearm in California?
Under PC § 27500, it’s a felony to knowingly sell, transfer, or give a firearm to a prohibited person (felon, person subject to restraining order, minor, person with mental health hold). Under PC § 27545, ALL firearm transfers in California must go through a licensed dealer with background check.
What are the penalties?
PC § 27500 (sale to prohibited person): 16 months, 2, or 3 years state prison. PC § 27545 (no FFL transfer): misdemeanor up to 1 year county jail. Federal straw purchase: up to 10 years federal prison under 18 U.S.C. § 922(a)(6). All convictions trigger lifetime firearm prohibition.
Can I sell a firearm to a family member?
Limited exemptions exist for transfers between immediate family (parent/child, grandparent/grandchild, sibling). However, the transfer must still meet specific requirements — written record, both parties’ compliance with California law. Spouse transfers have separate rules. Always consult counsel before any private firearm transfer.
What is a ‘straw purchase’?
A straw purchase occurs when one person buys a firearm on behalf of another person who is prohibited from owning one (or who is hiding from background check). Federal felony under 18 U.S.C. § 922(a)(6) — up to 10 years federal prison. Often charged alongside the recipient’s possession charges.
What if I didn’t know the buyer was prohibited?
Lack of knowledge is a defense to PC § 27500. The statute requires KNOWING the buyer was prohibited. However, evidence of recklessness or willful ignorance can satisfy the knowledge element. Defense focuses on what the seller reasonably knew at the time of transfer.
Did the Bruen Supreme Court decision affect California gun laws?
Yes. The 2022 Bruen decision changed Second Amendment analysis, leading to ongoing challenges to California’s restrictive gun laws. Some firearm sales restrictions are being litigated. Current law still applies, but constitutional challenges may be available in specific cases.
Will an unlawful firearm sale affect my immigration status?
Yes. Firearm offenses are generally classified as deportable offenses under federal immigration law. Felony convictions are aggravated felonies. Non-citizens face mandatory deportation. Even green card holders are at risk. Critical to consult immigration counsel before any plea.
Can I be charged federally for an unlawful firearm sale?
Yes — federal jurisdiction often applies, especially for straw purchases or interstate sales. Federal sentences are typically longer than state penalties. Federal cases are heard in the U.S. District Court for the Northern District of California (Oakland or San Francisco).
What’s the FFL requirement?
California’s Federal Firearms License (FFL) requirement under PC § 27545 mandates all firearm transfers go through a licensed dealer who conducts background check + 10-day waiting period. Private person-to-person sales are illegal. Estate/inheritance transfers, family member transfers have limited exemptions.
What courts handle Oakland firearm sale cases?
Felony PC § 27500 cases are heard at the René C. Davidson Courthouse (1225 Fallon Street, Oakland). Misdemeanor PC § 27545 cases are heard at the Wiley W. Manuel Courthouse (661 Washington Street, Oakland). Federal cases go to the U.S. District Court Northern District of California.