LEGAL DEFINITION

PC 27515:  Straw-purchase of a firearm is the sale, loan, or transfer of firearm by an individual or a corporation to anyone whom the individual or the corporation knows or has reason to believe is not the actual purchaser, borrower, or transferee of the firearm, if the individual or corporation has knowledge that the firearm is to be subsequently sold, loaned, or otherwise transferred to avoid the criminal-law requirements applicable to firearm sales (PC 27540 and PC 27545). 

In order to obtain a conviction for a violation of PC 27515, the prosecutor must prove beyond a reasonable doubt each of the following:

1. You sold, loaned, or otherwise transferred a firearm to somebody.
2. At the time you sold, loaned, or transferred the firearm, you knew or had to reason to believe that the person to whom you transferred the firearm was not the actual purchaser, borrower, or transferee of the firearm.
3. At the time you sold, loaned, or transferred the firearm, you knew that the firearm is to later be sold, loaned, or transferred to avoid the requirements applicable to firearm sales. 

PC 27540 lists the requirements a firearm dealer must comply with before delivering a firearm to a customer.  PC 26545 set forth the requirements for the sale or transfer of firearms between two parties when neither is a licensed firearm dealer.

WHAT DOES IT MEAN

Simply put, you commit the crime of straw-purchase of firearm when you sell, loan, or transfer a firearm to somebody, knowing or having reason to believe that the person to whom you give the firearm is not the person who will actually use it, and knowing that the firearm is to be transferred again to avoid the requirements applicable to firearm transfers. 

Example 1

John and his 16-year-old son Johnny go to the local sporting goods store to purchase a hunting rifle for Johnny’s birthday.  Inside the store, John and Johnny speak with Tom, the store manager, whom they know because they all go hunting together.  Johnny asks Tom most of the questions about the rifles on display, and after Johnny and John examine some of the rifles, Tom hears Johnny say “OK.  I want this one.” while holding one of the rifles in his hands.  Although John pays for the rifle with his credit-card, provides his ID to Tom, and fills the relevant paperwork, it’s clear from the interaction between John and Johnny that Johnny will be the person who will use the hunting rifle.  Tom checks John’s ID and paperwork, and since everything is in order, Tom sells the rifle to John.

Did Tom commit PC 27515 – Straw Purchase of a Firearm?

No.  From the interaction between John and Johnny, it’s clear that John purchased the hunting rifle for Johnny.  However, Tom does not know whether John will retain control of the rifle and will hand it to Johnny only when they go hunting.  Further, Tom has not reason to believe that the rifle is to be transferred to Johnny to avoid the requirements for firearm sales listed in PC 27540 and 27545. 

Example 2

Tom is the store manager of a local sporting goods store.  One day, as he walks back to the store after having lunch at a restaurant located across the street, Tom notices a young White female getting out of a small beat-up sedan with an Idaho license plate and walking up to the driver’s passenger window of new pick-up truck with a Mexico license plates.  Tom sees the White girl speaking briefly to the two Hispanic males inside the pick-up truck, then the driver of the pick-up truck hands the White female what appeared to be a folded white envelope.  A few minutes after Tom is back in the store, the White female parks her car in front of the store, walks in, and requests to purchase five pump-action shotguns.  She reads tentatively the make and model of the shotgun from a small sheet of paper, and when Tom asks her a follow-up question about ammunitions, the White female responds with a blank stare, looks around, and mumbles “I don’t know”.  The White female provides her ID, pays in cash, and when her paperwork comes back OK, she clumsily places the shotguns inside a shopping cart and leaves the store.  Tom sees through his store’s windows that as soon as the White female gets to her car, the two Hispanic males arrive, park their pick-up truck ahead of the beat-up sedan, and load the shotguns from the shopping cart directly into the cabin of the pick-up truck.  Then, the driver hands an envelope to the White female and the pick-up leaves, while the beat-up sedan leaves in the opposite direction.  

Did Tom commit PC 27515 – Straw Purchase of a Firearm?

Most likely, no.  Although it’s clear from the circumstances –1) the White female’s clear lack of familiarity with the make or model of the shotgun, with the ammunitions, and with the handling of the shotguns, 2) the number of shotguns she purchased, and 3) the payment in cash – that the White female is not familiar with the firearms she purchased and that, most likely, she is not buying the firearms for herself, Tom can reasonably argue that he only suspected that the White female was a straw-buyer.  However, under California law, to convict a person of PC 27515, the prosecution must prove that the person transferring the firearms had knowledge of the intent to avoid the requirements listed in PC 27540 and 27545.  Tom’s suspicions are confirmed when he sees the White female giving the shotguns to the two Hispanic males rights outside the store.  However, at that point Tom had already sold the shotguns to the White female.

PENALTIES

Straw-purchase of a firearm is a “wobbler”, which means that it can be charged as a misdemeanor or as a felony.  When PC 27515 is charged as a felony, a conviction may result in a sentence to county jail for period between 16 months and three years; a conviction for PC 27515 as a misdemeanor, can result in a sentence to County Jail for up to one year.  Either way, you would have to serve at least 50% of your sentence.  Whether you receive a jail sentence, or a probation sentence, depends on many factors such as the specific facts of the case and your prior criminal record, if you have any.  PC 27515 is not a strike offense under California’s Three Strikes Law.  It is also not a Sex Offense requiring Sex Registration under PC 290.  Finally, this is not a crime of moral turpitude, so it would not directly impact you in Immigration Court.  However, if you are licensed firearm dealer, a conviction for PC 27515 may have negative consequences on your license to sell firearms.

DEFENSES

1. Insufficient Evidence.  The most common defense used in criminal defense is that there simply isn’t enough evidence to convict you of the charge.  For example, there may be insufficient evidence to prove that you had knowledge that the firearm you sold was to be later transferred in order to avoid the requirements listed in PC 27540 and 27545.
2. Mistake of Fact. In connection with a PC 27515 charge, a mistake of fact would be a mistake by the police officer in writing down the serial numbers of firearms they recovered after they arrested a straw-purchaser, leading them to mistakenly think that the firearms were purchased at your store.
3. Violation of Your Rights.  This could happen in many ways, such as when the police recover the firearms during an unlawful search of a car or house.

CONCLUSION

Being implicated in a straw purchase of a firearm under PC 27515 is a situation fraught with severe implications for your reputation, financial stability, and freedom. Such charges can tarnish both personal and professional reputations, lead to substantial fines and restitution, and potentially result in incarceration in county jail. Given these stakes, securing immediate and expert legal counsel is paramount.

At Inland Empire Defense, our Ontario-based PC 27515 attorneys specialize in addressing and navigating the complexities of firearm-related charges, including concerns around being investigated for Grand Theft in connection with straw purchases. Recognizing the urgency of these matters, we take proactive steps to engage with investigators and prosecutors, assessing the strength of the evidence against you and working diligently to mitigate the risks to your reputation, finances, and freedom.

Why Choose Inland Empire Defense for PC 27515 Representation?

• Specialized Expertise: Our attorneys possess a deep understanding of PC 27515 and related firearm laws, ensuring your defense is informed by relevant, up-to-date legal knowledge.
• Proactive Approach: If charges have yet to be filed, we act swiftly to engage with law enforcement and legal authorities, aiming to prevent charges from being filed and minimizing potential impacts on you.
• Proven Success: With a track record of successfully defending thousands across the Inland Empire against a variety of charges, our experience speaks to our capability to effectively navigate the legal system on your behalf.

Don’t Risk Your Future on PC 27515 Charges

Facing potential charges under PC 27515 demands a strategic, informed defense—exactly what Inland Empire Defense provides. Our Ontario-based team is ready to defend your rights and interests with the dedication and expertise your case requires.

Contact Inland Empire Defense Today

If you’re concerned about an investigation or have been charged under PC 27515, don’t leave your future to chance. Reach out to Inland Empire Defense at 909-939-7126 for expert legal guidance and representation. Located in Ontario, we’re strategically positioned to offer our clients the best possible defense across the Rancho Cucamonga and wider Inland Empire area. Your reputation, finances, and freedom are too important—let’s safeguard them together.