California § 186.28. 186.28. (Amended by Stats. 2011, Ch. 15, Sec. 278.)

California Statutes

§ 186.28. — 186.28. (Amended by Stats. 2011, Ch. 15, Sec. 278.)

California § 186.28.

JurisdictionCalifornia

Code PENPenal Code - PEN

Title7.

Part 1.TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE

Ch. 11.CHAPTER 11. Street Terrorism Enforcement and Prevention Act

This text of California § 186.28. (186.28. (Amended by Stats. 2011, Ch. 15, Sec. 278.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Penal Code - PEN Code § 186.28. (2026).

Text

(a)Any person, corporation, or firm who shall knowingly supply, sell, or give possession or control of any firearm to another shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment if all of the following apply:

(1)The person, corporation, or firm has actual knowledge that the person will use the firearm to commit a felony described in subdivision (e) of Section 186.22, while actively participating in any criminal street gang, as defined in subdivision (f) of Section 186.22, the members of which engage in a pattern of criminal activity, as defined in subdivision (e) of Section 186.22.

(2)The firearm is used t

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(a)
Any person, corporation, or firm who shall knowingly supply, sell, or give possession or control of any firearm to another shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment if all of the
following apply:
(1)
The person, corporation, or firm has actual knowledge that the person will use the firearm to commit a felony described in subdivision (e) of Section 186.22, while actively participating in any criminal street gang, as defined in subdivision (f) of Section 186.22, the members of which engage in a pattern of criminal activity, as defined in subdivision (e) of Section 186.22.
(2)
The firearm is used to commit the felony.
(3)
A conviction for the felony violation under subdivision (e) of Section 186.22 has first been obtained of the person to whom the firearm was supplied, sold, or given possession or control pursuant to this section.
(b)
This section shall only be applicable where the person is not convicted as a principal to the
felony offense committed by the person to whom the firearm was supplied, sold, or given possession or control pursuant to this section.

Legislative History

Amended by Stats. 2011, Ch. 15, Sec. 278. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.