Difference between revisions of "Buying and selling firearms in California"

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(Both parties must be California residents)
(Buying from a Private Party - PPT)
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  police or other head of a municipal police department of any city or
 
  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
 
  city and county who shall then dispose of the firearm in the manner
  provided by Sections 12028 and 12032. The purchaser or transferee or
+
  provided by Sections 12028 and 12032. '''The purchaser or transferee or'''
  person being loaned the firearm may be required by the dealer to pay
+
  '''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
+
  '''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
+
  '''may be charged by the dealer for a sale, loan, or transfer of a'''
  firearm conducted pursuant to this section, except for the applicable
+
  '''firearm conducted pursuant to this section''', except for the applicable
 
  fee that the Department of Justice may charge pursuant to Section
 
  fee that the Department of Justice may charge pursuant to Section
 
  12076. Nothing in these provisions shall prevent a dealer from
 
  12076. Nothing in these provisions shall prevent a dealer from

Revision as of 07:29, 20 July 2008

Buying handguns from a California FFL

Buying rifles and shotguns from a California FFL

Buying from a Private Party - PPT

Private party Transfers - PPT - are authorized by 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:

  1. If one party is not from California, the transfer becomes INTERSTATE and is governed by Federal Law (18 USC 922(a)(3) and (a)5))in addition to California Law and
  2. The Dealer Record of Sale software (DROS -- see page 40 in the .pdf) will accept only California or military identification documents.

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 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 (Penal Code 12088.1). California law will accept many items to satisfy this requirement, and maintains a list, the 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.

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 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.

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 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.