ARTICLE 1. License Requirement and Miscellaneous Exceptions [26500. - 26590.]

Cal. Penal Code - PEN 1.

in effect

Cal. Penal Code - PEN § 26500. Section 26500.

(a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2. (b) Any person violating this article is guilty of a misdemeanor.

Cal. Penal Code - PEN § 26505. Section 26505.

Section 26500 does not apply to the sale, lease, or transfer of any firearm by any of the following: (a) A person acting pursuant to operation of law. (b) A person acting pursuant to a court order. (c) A person acting pursuant to the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure). (d) A person who liquidates a personal firearm collection to satisfy a court judgment.

Cal. Penal Code - PEN § 26510. Section 26510.

Section 26500 does not apply to a person acting pursuant to subdivision (f) of Section 186.22a or Section 18000 or 18005.

Cal. Penal Code - PEN § 26515. Section 26515.

Section 26500 does not apply to the sale, lease, or transfer of a firearm if both of the following conditions are satisfied: (a) The sale, lease, or transfer is made by a person who obtains title to the firearm by any of the following means: (1) Intestate succession or bequest. (2) As the beneficiary of a trust that includes a firearm. (3) As a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code. (4) As decedent’s successor pursuant to Part 1 (commencing with Section 13000) of Division 8 of the Probate Code. (b) The person disposes of the firearm within 60 days of receipt of the firearm.

Cal. Penal Code - PEN § 26520. Section 26520.

(a) Section 26500 does not apply to the infrequent sale, lease, or transfer of firearms. (b) As used in this section, “infrequent” has the meaning provided in Section 16730.

Cal. Penal Code - PEN § 26525. Section 26525.

(a) Section 26500 does not apply to the sale, lease, or transfer of used firearms, other than handguns, at gun shows or events, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2, by a person other than a licensee or dealer, provided the person has a valid federal firearms license and a current certificate of eligibility issued by the Department of Justice, as specified in Section 26710, and provided all the sales, leases, or transfers fully comply with Section 27545. However, the person shall not engage in the sale, lease, or transfer of used firearms other than handguns at more than 12 gun shows or events in any calendar year and shall not sell, lease, or transfer more than 15 used firearms other than handguns at any single gun show or event. In no event shall the person sell more than 75 used firearms other than handguns in any calendar year. (b) The Department of Justice shall adopt regulations to administer this program and shall recover the full costs of administration from fees assessed applicants.

Cal. Penal Code - PEN § 26530. Section 26530.

Section 26500 does not apply to sales, deliveries, or transfers of firearms between or to importers and manufacturers of firearms licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

Cal. Penal Code - PEN § 26535. Section 26535.

Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies both of the following conditions: (a) It is made by an importer or manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made to a dealer or wholesaler.

Cal. Penal Code - PEN § 26537. Section 26537.

(a) Section 26500 does not apply to the sale, delivery, or transfer of firearms that satisfies both of the following conditions: (1) The sale, delivery, or transfer is made by a manufacturer of ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (2) The sale, delivery, or transfer is made to a dealer or wholesaler. (b) Section 26500 does not apply to the sale, delivery, or transfer of firearms between or to manufacturers of ammunition licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, where those firearms are to be used in the course and scope of the licensee’s activities as a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

Cal. Penal Code - PEN § 26540. Section 26540.

(a) Section 26500 does not apply to sales, deliveries, transfers, or returns of firearms made pursuant to any of the following: (1) Sections 18000 and 18005. (2) Division 4 (commencing with Section 18250) of Title 2. (3) Section 29810. (4) Chapter 2 (commencing with Section 33850) of Division 11. (5) Sections 34005 and 34010. (b) Section 26500 does not apply to the sale, delivery, or transfer of a firearm to a dealer to comply with Section 6389 of the Family Code. (c) Section 26500 does not apply to the sale, delivery, or transfer of a firearm to a dealer to comply with Section 527.9 of the Code of Civil Procedure. (d) Section 26500 does not apply to the sale, delivery, or transfer of a firearm to a dealer to comply with Section 18120. (e) This section shall become operative on January 1, 2026.

Cal. Penal Code - PEN § 26545. Section 26545.

Section 26500 does not apply to the loan of a firearm for the purposes of shooting at targets, if the loan occurs on the premises of a target facility that holds a business or regulatory license or on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, if the firearm is at all times kept within the premises of the target range or on the premises of the club or organization.

Cal. Penal Code - PEN § 26550. Section 26550.

Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies all of the following requirements: (a) It is made by a manufacturer, importer, or wholesaler licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made to a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

Cal. Penal Code - PEN § 26555. Section 26555.

Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies all of the following requirements: (a) It is made by a person who resides outside this state and is licensed outside this state pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made to a manufacturer, importer, or wholesaler. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

Cal. Penal Code - PEN § 26556. Section 26556.

Section 26500 does not apply to the sale, delivery, or transfer of a firearm that satisfies all of the following requirements: (a) It is made by a person who has ceased operations as a dealer. (b) It is made to a dealer, a manufacturer, importer, or wholesaler. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (d) The transaction is reported to the Department of Justice in a manner and format prescribed by the department.

Cal. Penal Code - PEN § 26560. Section 26560.

Section 26500 does not apply to any sale, delivery, or transfer of firearms by a wholesaler to a dealer.

Cal. Penal Code - PEN § 26565. Section 26565.

Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies all of the following conditions: (a) It is made by a person who resides outside this state. (b) It is made to a person licensed pursuant to Sections 26700 to 26915, inclusive. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

Cal. Penal Code - PEN § 26570. Section 26570.

Section 26500 does not apply to any sale, delivery, or transfer of firearms that satisfies all of the following conditions: (a) It is made by a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made to a dealer. (c) It is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

Cal. Penal Code - PEN § 26575. Section 26575.

Section 26500 does not apply to the sale, delivery, or transfer of an unloaded firearm by one wholesaler to another wholesaler if that firearm is intended as merchandise in the receiving wholesaler’s business.

Cal. Penal Code - PEN § 26576. Section 26576.

(a) Section 26500 does not apply to a sale, delivery, or transfer of firearms if both of the following requirements are satisfied: (1) The sale, delivery, or transfer is to an authorized representative of a city, city and county, county, or state government, or of the federal government, and is for the governmental entity. (2) The entity is acquiring the firearm as part of an authorized, voluntary program in which the entity is buying or receiving firearms from private individuals. (b) Any weapons acquired pursuant to subdivision (a) of this section shall be disposed of pursuant to the applicable provisions of Section 34000 or Sections 18000 and 18005. (c) (1) Notwithstanding subdivision (b), a firearm acquired pursuant to subdivision (a) may, in lieu of destruction, be donated to a public or private nonprofit historical society, museum, or institutional collection, subject to the provisions of Section 27855, including that the firearm be deactivated or rendered inoperable before delivery. (2) For purposes of this and other sections in this title, “deactivated or rendered inoperable” means to render the firearm permanently inoperable by means including, without limitation, welding of the chamber, cutting of the barrel, chamber, or breech, plugging the barrel, or welding the bolt to the chamber.

Cal. Penal Code - PEN § 26577. Section 26577.

Section 26500 does not apply to a delivery or transfer of firearms made to a dealer pursuant to Section 26892 or 29830 for storage by that dealer.

Cal. Penal Code - PEN § 26580. Section 26580.

Section 26500 does not apply to the loan of an unloaded firearm or the loan of a firearm loaded with blank cartridges for use solely as a prop for a motion picture, television, or video production or entertainment or theatrical event.

Cal. Penal Code - PEN § 26581. Section 26581.

Section 26500 does not apply to the delivery, sale, or transfer of an unloaded firearm that is not a handgun to a dealer if the delivery, sale, or transfer satisfies both of the following conditions: (a) The delivery, sale, or transfer is made by a nonprofit public benefit or mutual benefit corporation, including a local chapter of the same nonprofit corporation, organized pursuant to the Corporations Code. (b) The sale or other transfer of ownership of that firearm is to occur as part of an auction, raffle, or similar event conducted by that nonprofit public benefit or mutual benefit corporation organized pursuant to the Corporations Code.

Cal. Penal Code - PEN § 26582. Section 26582.

Section 26500 does not apply to delivery or transfer of a firearm to a law enforcement agency made in accordance with Section 27922.

Cal. Penal Code - PEN § 26585. Section 26585.

Section 26500 does not apply to the delivery of an unloaded firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, if the delivery satisfies all of the following conditions: (a) It is made by a person licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It is made by a person with a current certificate of eligibility issued pursuant to Section 26710. (c) It is made to a dealer.

Cal. Penal Code - PEN § 26587. Section 26587.

Section 26500 does not apply to either of the following: (a) A loan of a firearm to a gunsmith for service or repair. (b) The return of the firearm by the gunsmith.

Cal. Penal Code - PEN § 26588. Section 26588.

Section 26500 does not apply to any of the following: (a) The sale, delivery, transfer, or return of a firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the sale, delivery, transfer, or return is conducted in accordance with the terms and conditions of the permit. (b) The sale, delivery, transfer, or return of a firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the sale, delivery, transfer, or return is conducted in accordance with the terms and conditions of the permit. (c) The sale, delivery, transfer, or return of a firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the sale, delivery, transfer, or return is conducted in accordance with the terms and conditions of the permit. (d) The sale, delivery, transfer, or return of a firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the sale, delivery, transfer, or return is conducted in accordance with the terms and conditions of the permit.

Cal. Penal Code - PEN § 26589. Section 26589.

Section 26500 does not apply to the delivery or transfer of a firearm to a dealer by the trustee of a trust if the delivery or transfer satisfies both of the following conditions: (a) The trust is not of the type described in either subdivision (k) or (p) of Section 16990. (b) The trustee is acting within the course and scope of their duties as the trustee of that trust.

Cal. Penal Code - PEN § 26590. Section 26590.

Section 26500 does not apply to deliveries, transfers, or returns of firearms made by a court or a law enforcement agency pursuant to Chapter 2 (commencing with Section 33850) of Division 11.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026