Section 186.28 Of Chapter 11. Street Terrorism Enforcement And Prevention Act From California Penal Code >> Title 7. >> Part 1. >> Chapter 11.
186.28
. (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.