View source for Buying and selling firearms in California

== Buying Firearms - Federal Law ==
All Federal Firearms Licensees - FFLs - are subject to Federal law as well as state and local laws.
=== Reference: The Law ===
Federal law governing firearms transfer and sales is primarily contained in Title 18 of United States Code, sections 921 through 930.
([http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000921----000-.html 921-Definitions], [http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html 922-Unlawful Acts],  [http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000923----000-.html 923-Licensing],  [http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000924----000-.html 924-Penalties], especially 922, are generally the more important sections for individuals.)

=== Prohibited Buyers ===
Federal Law - 18 USC 922(d) and (g) - specifies acts which will disqualify a person from legally buying, owning or possessing a gun or ammunition.  [http://www.atf.gov/firearms/faq/faq2.htm#b5 BATFE] has a clear summary:
 ... '''a person who –'''
 
    (1) Has been convicted in any court of a crime punishable by
 imprisonment for a term exceeding 1 year;
    (2) Is a fugitive from justice;
    (3) Is an unlawful user of or addicted to any controlled substance;
    (4) Has been adjudicated as a mental defective or has been
 committed to a mental institution;
    (5) Is an alien illegally or unlawfully in the United States or an
 alien admitted to the United States under a nonimmigrant visa;
    (6) Has been discharged from the Armed Forces under dishonorable
 conditions;
    (7) Having been a citizen of the United States, has renounced his
 or her citizenship;
    (8) Is subject to a court order that restrains the person from
 harassing, stalking, or threatening an intimate partner or child of
 such intimate partner; or
    (9) Has been convicted of a misdemeanor crime of domestic violence
 
    '''cannot lawfully receive, possess, ship, or transport a firearm.'''
 
 A person who is under indictment or information for a crime
 punishable by imprisonment for a term exceeding 1 year cannot
 lawfully receive a firearm.

The disqualifying conditions are all in the questions asked on the Federal form 4473, Firearm Transaction Record. (A scanned image of the 2005 version of the 4473 is [http://www.ocshooters.com/Gen/Form-4473/ATF-FORM-4473-pg1.gif here]). 

Completing the form 4473 is the specified method for the dealer to obey 18 USC 923(g) record keeping requirements for firearms transfers.

Restoration of rights to own firearms is beyond the scope of this article.

=== Restrictions on Dealers ===

18 USC 922(b)
 (b) It shall be unlawful for any licensed importer, licensed
 manufacturer, licensed dealer, or licensed collector to sell or
 deliver—
 
 (1) any firearm or ammunition to any individual who the licensee
 knows or has reasonable cause to believe is less than eighteen years
 of age, and, if the firearm, or ammunition is other than a shotgun or
 rifle, or ammunition for a shotgun or rifle, to any individual who
 the licensee knows or has reasonable cause to believe is less than
 twenty-one years of age;

An FFL must not deliver a handgun to anyone younger than 21, nor a long gun to anyone under 18.

 (2) any firearm to any person in any State where the purchase or
 possession by such person of such firearm would be in violation of
 any State law or any published ordinance applicable at the place of
 sale, delivery or other disposition, unless the licensee knows or has
 reasonable cause to believe that the purchase or possession would not
 be in violation of such State law or such published ordinance;

An FFL must also obey state laws.

 (3) any firearm to any person who the licensee knows or has
 reasonable cause to believe does not reside in ... the State in which
 the licensee’s place of business is located,...

An FFL must not deliver to unlicensed individuals who do not live in the same state as the FFL's business.

== Buying Firearms from a California FFL ==
California FFLs must obey Federal laws, such as documenting their sales with a Federal form 4473.

California FFLs must also obey California laws.

In addition to the Federal buyer disqualifications and age limits (21 years old for handguns and handgun ammunition), California has its own list of disqualifying acts in [http://caselaw.findlaw.com/cacodes/pen/12020-12040.html Penal Code 12021].

=== Dealer's Record of Sale (DROS) ===

FFLs must enter much of the same information required by the Federal 4473 into the [https://dros.vansis.wcom.com/wpsd/manual.pdf California Dealer's Record of Sale] system. Submission of the DROS information 'starts the clock' on the 10-day wait and initiates the buyer background check process.

=== 10-day wait ===

California requires that the dealer retain the handgun for 10 days - 10 24-hour periods - before delivery is allowed.  (Penal Code 12071(b)(3)(A))

=== Locks or safety devices are required ===

See [http://wiki.calgunsfoundation.org/index.php/Buying_and_selling_firearms_in_California#Locks.2C_Safes.2C_and_Laws link].  

== Buying HANDGUNS from a California FFL ==

=== Roster required ===

California requires that dealers sell handguns on the [http://certguns.doj.ca.gov/ Roster of Handguns Certified for Sale] ([http://wiki.calgunsfoundation.org/index.php/The_Safe_Handgun_List Safe Handgun List article]) unless the buyer qualifies for one of the exemptions.  The DROS system enforces use of the Roster or allows entry of the exemptions.

=== Buyer documentation and gun handling ===

Besides clear evidence of identity and age, the buyer must have a [http://ag.ca.gov/firearms/hscinfo.php Handgun Safety Certificate], prove California residency ([http://caselaw.findlaw.com/cacodes/pen/12070-12086.html Penal Code 12071(b)(8)(C)]),
 Satisfactory documentation shall include 
     a utility bill from within the last three months, 
     a residential lease, 
     a property deed, or 
     military permanent duty station orders indicating assignment
 within this state, or
     other evidence of residency as permitted by the Department of 
 Justice.  
and perform the demonstration specified in Penal Code 12071(b)(8)(D):
    (D) Commencing January 1, 2003, except as authorized by the
 department, no firearms dealer may deliver a handgun unless the
 recipient performs a safe handling demonstration with that handgun.
 The demonstration shall commence with the handgun unloaded and locked
 with the firearm safety device with which it is required to be
 delivered, if applicable. While maintaining muzzle awareness, that
 is, the firearm is pointed in a safe direction, preferably down at
 the ground, and trigger discipline, that is, the trigger finger is
 outside of the trigger guard and along side of the handgun frame, at
 all times, the handgun recipient shall correctly and safely perform
 the following:
   (i) If the handgun is a semiautomatic pistol:
   (I) Remove the magazine.
   (II) Lock the slide back. If the model of firearm does not allow
 the slide to be locked back, pull the slide back, visually and
 physically check the chamber to ensure that it is clear.
   (III) Visually and physically inspect the chamber, to ensure that
 the handgun is unloaded.
   (IV) Remove the firearm safety device, if applicable. If the
 firearm safety device prevents any of the previous steps, remove the
 firearm safety device during the appropriate step.
   (V) Load one bright orange, red, or other readily identifiable
 dummy round into the magazine. If no readily identifiable dummy round
 is available, an empty cartridge casing with an empty primer pocket
 may be used.
   (VI) Insert the magazine into the magazine well of the firearm.
   (VII) Manipulate the slide release or pull back and release the
 slide.
   (VIII) Remove the magazine.
   (IX) Visually inspect the chamber to reveal that a round can be
 chambered with the magazine removed.
   (X) Lock the slide back to eject the bright orange, red, or other
 readily identifiable dummy round. If the handgun is of a model that
 does not allow the slide to be locked back, pull the slide back and
 physically check the chamber to ensure that the chamber is clear. If
 no readily identifiable dummy round is available, an empty cartridge
 casing with an empty primer pocket may be used.
   (XI) Apply the safety, if applicable.
   (XII) Apply the firearm safety device, if applicable. This
 requirement shall not apply to an Olympic competition pistol if no
 firearms safety device, other than a cable lock that the department
 has determined would damage the barrel of the pistol, has been
 approved for the pistol, and the pistol is either listed in paragraph
 (2) of subdivision (h) of Section 12132 or is subject to paragraph
 (3) of subdivision (h) of Section 12132.
 ...
   (G) The recipient shall perform the safe handling demonstration
 for a department-certified instructor.

Similar demonstration requirements exist for revolvers.

=== 10-day wait ===

California requires that the dealer retain the handgun for 10 days - 10 24-hour periods - before delivery is allowed.

=== One handgun per month ===

With some exceptions for some licensed individuals (link later), one may purchase only one handgun within any 30-day period.(Penal Code 12072(a)(9)(A))

=== Lock required ===
See [http://wiki.calgunsfoundation.org/index.php/Buying_and_selling_firearms_in_California#Locks.2C_Safes.2C_and_Laws link].  Plan to buy a handgun which comes with a California-approved lock, or to buy a separate lock.

== Buying rifles and shotguns from a California FFL ==

== Buying from a Private Party - PPT ==
Private Party Transfers - PPT - are authorized by [http://caselaw.lp.findlaw.com/cacodes/pen/12070-12086.html Penal Code 12082]
 12082.  (a) A person shall complete any sale, loan, or transfer of a
 firearm through a person licensed pursuant to Section 12071 in
 accordance with this section in order to comply with subdivision (d)
 of Section 12072. The seller or transferor or the person loaning the
 firearm shall deliver the firearm to the dealer who shall retain
 possession of that firearm. The dealer shall then deliver the firearm
 to the purchaser or transferee or the person being loaned the
 firearm, if it is not prohibited, in accordance with subdivision (c)
 of Section 12072. If the dealer cannot legally deliver the firearm to
 the purchaser or transferee or the person being loaned the firearm,
 the dealer shall forthwith, without waiting for the conclusion of the
 waiting period described in Sections 12071 and 12072, return the
 firearm to the transferor or seller or the person loaning the
 firearm. The dealer shall not return the firearm to the seller or
 transferor or the person loaning the firearm when to do so would
 constitute a violation of subdivision (a) of Section 12072. If the
 dealer cannot legally return the firearm to the transferor or seller
 or the person loaning the firearm, then the dealer shall forthwith
 deliver the firearm to the sheriff of the county or the chief of
 police or other head of a municipal police department of any city or
 city and county who shall then dispose of the firearm in the manner
 provided by Sections 12028 and 12032. '''The purchaser or transferee or'''
 '''person being loaned the firearm may be required by the dealer to pay'''
 '''a fee not to exceed ten dollars ($10) per firearm, and no other fee'''
 '''may be charged by the dealer for a sale, loan, or transfer of a'''
 '''firearm conducted pursuant to this section''', except for the applicable
 fee that the Department of Justice may charge pursuant to Section
 12076. Nothing in these provisions shall prevent a dealer from
 charging a smaller fee. The fee that the department may charge is the
 fee that would be applicable pursuant to Section 12076, if the
 dealer was selling, transferring, or delivering a firearm to a
 purchaser or transferee or a person being loaned a firearm, without
 any other parties being involved in the transaction.

=== You must use a California FFL ===
12082 specifies a dealer licensed according to Penal Code 12071.

=== Both parties must be California residents ===
There are two reasons for this:
#If one party is not from California, the transfer becomes INTERSTATE and is governed by Federal Law ([http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html 18 USC 922(a)(3) and (a)5)])in addition to California Law and
#The Dealer Record of Sale software ([https://dros.vansis.wcom.com/wpsd/manual.pdf DROS] -- see page 40 in the .pdf) will accept only California or military identification documents.

This last would seem to apply only to the ''buyer'' - why then would the ''seller'' be subject to DROS?  The dealer must be prepared for the buyer to fail the background check.  If that were to occur, the dealer would have to attempt to convey the gun back to the seller - and that return requires a background check on the seller. To wit:
Part of Penal Code 12082(a)
 ...If the dealer cannot legally deliver the firearm to
 the purchaser or transferee or the person being loaned the firearm,
 the dealer shall forthwith, without waiting for the conclusion of the
 waiting period described in Sections 12071 and 12072, return the
 firearm to the transferor or seller or the person loaning the
 firearm. '''The dealer shall not return the firearm to the seller or'''
 '''transferor or the person loaning the firearm when to do so would'''
 '''constitute a violation of subdivision (a) of Section 12072.'''

 12072.  (a) (1) No person, corporation, or firm shall knowingly
 supply, deliver, sell, or give possession or control of a firearm to
 any person within any of the classes prohibited by Section 12021 or
 12021.1.
   (2) No person, corporation, or dealer shall sell, supply, deliver,
 or give possession or control of a firearm to any person whom he or
 she has cause to believe to be within any of the classes prohibited
 by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of
 the Welfare and Institutions Code.
To determine eligibility under 12072, the background check, initiated through the DROS system, must occur.

=== Standard dealer requirements apply ===
The buyer must submit all the necessary DROS information and wait the mandatory ten days before picking up the gun.

The buyer must have a '''firearms safety device''' for each gun. Penal Code 12088.1 
 12088.1.  (a) All firearms sold or transferred in this state by a
 licensed firearms dealer, including private transfers through a
 dealer, and all firearms manufactured in this state, shall include or
 be accompanied by a firearms safety device that is listed on the
 Department of Justice's roster of approved firearms safety devices...

=== Standard handgun requirements apply ===
The buyer must have the Handgun Safety Certificate (Penal Code 12071(a)(8)(B))and perform the safe handling demonstration required by [http://caselaw.lp.findlaw.com/cacodes/pen/12070-12086.html Penal Code 12071(a)(8)(D)]

Handguns transferred through PPT are exempt from the Roster.

== Locks, Safes, and Laws ==
There are two sets of laws to satisfy.

California law requires a '''firearms safety device''' with each gun delivered  ([http://caselaw.lp.findlaw.com/cacodes/pen/12087-12088.9.html Penal Code 12088.1]).  California law will accept many items to satisfy this requirement, and maintains a list, the [http://ag.ca.gov/firearms/fsdcertlist.php Roster of Firearm Safety Devices Certified for Sale].

California will accept a gun lock, with conditions:
   (e) The sale or transfer of a firearm shall be exempt from
 subdivision (a) if all of the following apply:
   (1) The purchaser or transferee purchases an approved safety
 device no more than 30 days prior to the day the purchaser or
 transferee takes possession of the firearm.
   (2) The purchaser or transferee presents the approved safety
 device to the firearms dealer when picking up the firearm.
   (3) The purchaser or transferee presents an original receipt to
 the firearms dealer which shows the date of purchase, the name, and
 the model number of the safety device.
   (4) The firearms dealer verifies that the requirements in (1) to
 (3), inclusive, have been satisfied.
   (5) The firearms dealer maintains a copy of the receipt along with
 the dealers' record of sales of firearms.


California will accept a gun safe as a '''firearms safety device''' (Penal Code 12088.1)
   (d) The sale or transfer of a firearm shall be exempt from
 subdivision (a) if both of the following apply:
   (1) The purchaser or transferee owns a gun safe that meets the
 standards set forth in Section 12088.2.  Gun safes shall not be
 required to be tested, and therefore may meet the standards without
 appearing on the Department of Justice roster.
   (2) The purchaser or transferee presents an original receipt for
 purchase of the gun safe, or other proof of purchase or ownership of
 the gun safe as authorized by the Attorney General, to the firearms
 dealer.  The dealer shall maintain a copy of this receipt or proof of
 purchase with the dealers' record of sales of firearms.
HOWEVER, Federal Law has introduced a complication with '''handgun''' purchases.

[http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html 18 USC 922(z)] requires
 (z)  Secure Gun Storage or Safety Device.—
 (1) In general.— Except as provided under paragraph (2), it shall be
 unlawful for any licensed importer, licensed manufacturer, or licensed
 dealer to sell, deliver, or transfer any '''handgun''' to any person other 
 than any person licensed under this chapter, unless the transferee is
 provided with a '''secure gun storage or safety device''' (as defined in
 section 921 (a)(34)) for that handgun. 
and [http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000921----000-.html 18 USC 921(a)(34)] has the definition
 (34) The term “secure gun storage or safety device” means—
 (A) a device that, when installed on a firearm, is designed to prevent
  the firearm from being operated without first deactivating the device;
 (B) a device incorporated into the design of the firearm that is
 designed to prevent the operation of the firearm by anyone not having
 access to the device; or
 (C) '''a safe, gun safe, gun case, lock box,''' or other device that is
 designed to be or can be used to store a firearm and that is designed 
 to be unlocked only by means of a key, a combination, or other similar
 means.

''[http://www.atf.treas.gov/ The Bureau of Alcohol, Tobacco, Firearms and Explosives] has yet to'' ''issue a regulation which recognizes 18 USC 921(a)(34)(C).''

In practice, that means that California and Federal law are different on what is acceptable -- and ''safe'' for dealers to accept.  For '''long guns''', California FFLs may accept the [http://ag.ca.gov/firearms/forms/pdf/gsaff.pdf safe affidavit]; for '''handguns''', because BATFE has not yet ruled, the safe affidavit is usually NOT acceptable, and buyers may expect to purchase a gun lock with each handgun.