Private Party Sale in California

M

Maka

New member
If I want to sell a gun to another private party in California, what do I have to do?
Do we have to find an FFL will to do the paper work and hold the gun for the 10 day waiting period? Will most guns stores do this or do we have to find a private FFL? What is the best way to do this?
Please only those who have Calif knowledge respond, cause I know other states have different regulations.
Thanks
Tony
 
1. Give your gun to your ffl dealer.
2. The sending and receiving dealers will send each other their license.
3. The gun will be sent as soon as the license is received. Your dealer should charge you a fee for his time.

Any store should be able to do it. There is no waiting period for you because you are not buying the gun. The buyer will have to wait the 10 days though.
 
One other point... if you live close together, you can use the same FFL for both receiving and selling of the gun. It is cheaper that way, as you only pay for one FFL vs. two.



------------------
Richard

The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!
 
One exception to an FFL transfer is for C&R rifles and shotguns that are over 50 years old. They can be sold directly and do not have to be processed by a dealer.
 
A C&R rifle is one that is listed on the BATF Curios & Relics list. It is generally one that is of interest to collectors. There are C&R handguns, but California does not allow private party transfers of them,
 
EOD,
I believe the law on C&R rifles was changed in Kalifonia to require an FFL to do the transfer.
 
mrat,

No, the California regulations still allow it as long as they are over 50 years old.

[This message has been edited by EOD Guy (edited June 18, 2000).]
 
I recently bought a Colt Officers Model .38 (bull bbl) from a friend at work. Being unaware of the California law requiring transfer through a FFL, he simply wanted to bring it to my house and exchange it for our agreed-to price. He did bring it to my home where I inspected it, but I had to inform him we would have to make the transfer through a FFL. He was taken aback that we would have to do such a thing. After all, we were both law-abiding citizens. I made an appointment with a FFL holder I know at a pawn shop I have frequented looking for collectible firearms. We filled out the paperwork and made the transfer. I paid the DROS and transfer fees ($34 total), waited 10 days, then returned to pick up my purchase. Times have certainly changed!

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Safe shooting - PKAY
 
Similar situation but different players.
If I buy a rifle through an out of state private party through one of the online auctions, do we both need FFL for the transfer? From what little I understand, only the buyer or receiver needs an FFL or FFL transfer dealer and the seller just sends it to the FFL with that FFL's ink signed papers in hand. The reason I ask is because I saw one Calif FFL transfer dealer that requires the sender to include an FFL on their side as well.
Is this right?
Thanks
Tony
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by EOD Guy:
No, the California regulations still allow it as long as they are over 50 years old. [/quote]

Not quite. Any C&R can be transfered freely but infrequently between private parties. There is no need for it to be over 50 years.

If a C&R is purchased from a FFL dealer, then there is a transfer and 10 day wait thanks to Brady.

When transfering ANY C&R neither person has a FFL, it's cash and carry. No wait, no paperwork as long as it's infrequent.

Infrequent in this context means with out regularity and less than 6 in any 12 month period.

The law is discussed in detail in "How to own a Gun and Stay Out of Jail. California 2000 edition".
 
Another wrinkle for us "Behind Enemy Lines":

SB15 enacted 01/01/00 says that only one handgun a month is allowed. Found out from local LEO and local dealer I use most often that so long as both parties are present and it is a private sale/transfer you can buy as many handguns as you want. If buying from dealer only one a month though. I'm still verifying this, but I trust the local LEO and the dealer. It would make things nicer for those of us in communist Kalifornia!!
 
Jim,
I'm afraid that's incorrect. the infrequent definition you quote has several definitions, depending on which section of the law you are looking at. In any case, the Cal Dangerous Weapons Control Law requires most firearms transactions to be completed through a dealer.

Section 12072(d) states: When neither party to the transaction holds a dealers license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through either of the following:
(1) A licensed dealer pursuant to Section 2082.
(2) A law enforcement agency pursuant to Section 12084.

The private party exemption is stated in Section 12077(7)(2) which states: Subdivision (d) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person, which is a curio or relic manufactured at least 50 years priot to the current date , but not including replicas thereof, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations.

What this amount to is that private party transfers of handguns are generally prohibited (There are a few exceptions.). Long gun private party sales are generally limited to C&R weapons over fifty years old.

Sorry for the double post.

[This message has been edited by EOD Guy (edited June 19, 2000).]
 
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