Buying and selling firearms in California

From Calguns Foundation Wiki
Revision as of 06:56, 20 July 2008 by John.Simutis (Talk | contribs) (Buying from a Private Party - PPT)

Jump to: navigation, search

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.