PC 16350-16370:
Dealer and Gun Show Definitions

California Penal Code Sections 16350 through 16370 establish the definitional framework for commercial firearms transactions. These definitions determine who qualifies as a dealer and what events qualify as gun shows, triggering the extensive regulatory requirements found in later sections of Part 6.^[1]

Dealer Definition (PC 16350)

Section 16350 provides a cross-reference definition: a "dealer" means a person who has a federal firearms license (FFL) and is licensed as a firearms dealer under California law pursuant to Penal Code Section 26700.^[2] California imposes its own licensing requirements on top of the federal FFL. To operate as a dealer in California, a person must hold both a valid FFL and a California state firearms dealer license. The state license requires compliance with local zoning ordinances, security requirements for the business premises, and completion of a DOJ-approved training course.

Gun Show Definition (PC 16360)

Section 16360 defines a "gun show" as an event where firearms are offered for sale, transfer, or exchange and where 50 or more firearms are at the event, or where 25 or more vendors display firearms or firearms-related products for sale.^[3] This definition is broader than many states' definitions, capturing smaller events that might not be considered gun shows in other jurisdictions. The definition ensures that any sizable gathering involving firearms sales is subject to California's gun show regulations.

Gun Show Vendor (PC 16370)

Section 16370 defines a "gun show vendor" as any person who displays or offers for sale, sells, transfers, or exchanges any firearm, firearm part, or ammunition at a gun show or event.^[4] Under this definition, even a person who brings a single firearm to sell at a gun show is classified as a vendor. Gun show vendors who are not licensed dealers are not permitted to sell firearms directly; all sales must be processed through a licensed dealer at the event.

Regulatory Consequences

Gun shows are subject to extensive regulation under Penal Code Sections 27200 through 27415. Gun show promoters must obtain a certificate of eligibility from the DOJ, maintain detailed records of all vendors, and ensure that all firearms transactions at the event comply with state law. All sales at gun shows must be processed through a licensed dealer, including the standard DROS background check and 10-day waiting period. Private party transfers at gun shows are not exempt from these requirements. The gun show operator is responsible for ensuring compliance and may face penalties for violations occurring at the event.