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Buying and Selling Firearms in California
Since 1991, substantially all firearms transfers are required to use a California-licensed FFL. There are no legal 'paperless' or 'face to face' handgun transfers, and as of 2014, no longer any way to sell long guns FTF.
Since 1991, substantially all firearms transfers are required to use a California-licensed FFL. There are no legal 'paperless' or 'face to face' handgun transfers, and as of 2014, no longer any way to sell long guns FTF.
- Unless you are exempt, there will be a 10-day wait from submitting the DROS until you may legally pick up your purchase.
- Unless you are exempt, or purchasing a handgun via Private Party Transfer, you may purchase only one handgun in 30 days.
In both cases, the time of the waiting period begins at the time the DROS is submitted to the state.
- 1Buying Firearms - Federal Law
- 2Buying Firearms from a California FFL
- 2.2California Law
- 2.2.2Dealer's Record of Sale (DROS)
- 2.2California Law
- 3Buying HANDGUNS from a California FFL
- 3.1Roster required
- 4Buying rifles and shotguns from a California FFL
- 4.2Differences from handgun purchases
- 5Buying from a Private Party - PPT
- 7Selling as a Private Party
- 7.1'Transactions' in the law
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.(921-Definitions, 922-Unlawful Acts, 923-Licensing, 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. BATFE has a clear summary:
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 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)
An FFL must not deliver a handgun to anyone younger than 21, nor a long gun to anyone under 18.
An FFL must also obey state laws.
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
With some exceptions, if one does not hold an FFL and is not also licensed by the State of California, one MUST use an FFL for all kinds of firearm transfers - sales, trades, loans. Penal Code 26500 (was 12070)
California FFLs must obey Federal laws, such as documenting their sales with a Federal form 4473.
Federal law: 4473 identification
The buyer must enter his/her current address on the 4473.
The buyer must have valid, unexpired photo ID with that same current address and the buyer's birthdate. A California Driver License usually satisfies the Federal requirement.
California Law
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 Penal Code 29800 (was 12021).
Clear evidence of identity and age
A buyer is required to provide evidence of identity and agePenal Code 16400
And this definition is used at Penal Code 27540
Dealer's Record of Sale (DROS)
FFLs must enter much of the same information required by the Federal 4473 into the 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. See Penal Code 28100.
Submission of the DROS information is an 'application to purchase' via Penal Code 16190
Correcting DROS Information
Sometimes incorrect information is submitted. The dealer which submitted the original DROS may submit the Dealer's Record Of Sale (DROS) Cancellation/Correction for Firearms.
10-day wait
California requires that the dealer retain the gun for 10 days - 10 24-hour periods (see DOJ FAQ # 29) - before delivery is allowed. Penal Code 26815 (was 12071(b)(3)(A) and Penal Code 12072(c)(1)) The 10-day wait begins when the FFL submits the DROS information.
There is an exception for C&R firearms and C&R/03 FFLs: Penal Code 26970 (was 12072(t)(1)):
Note that while the background check occurs during the mandated 10-day wait, that background check is not valid beyond 30 days. Code of Federal Regulations says
If, for some reason, one delays completing a transaction beyond that 30 days, a new DROS and new fee and 10-day waiting period are required. FFL dealers are required to post a sign informing buyers of that requirement.
Law enforcement can be exempt
LEO may be exempt from the 10-day wait, IF the buyer has a letter from the head of his/her employing agency. See the DOJ website.
Locks or safety devices are required
Penal Code 23635 (was 12088.1)
See link.
Buying HANDGUNS from a California FFL
Roster required
California requires that dealers sell handguns on the Roster of Handguns Certified for Sale (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.
LEO exempt from the Roster
By ruling of the Attorney General, documented on the DOJ web site, law enforcement members are exempt from the Roster without letters from their respective employing agencies.
Buyer documentation and gun handling
Besides clear evidence of identity and age, the buyer must have a Handgun Safety Certificate, prove California residency (Penal Code 26845 (was 12071(b)(8)(C)])) ,
( See also California Code of Regulations Westlaw Title 11, Division 5, Chapter 4 for 11 CCR 4045) and perform the demonstration specified in Penal Code 26850 (was 12071(b)(8)(D)):
10-day wait
Kami 1 1 0 – paper folding puzzle game printable. California requires that the dealer retain the handgun for 10 days - 10 24-hour periods - before delivery is allowed. The 10-day wait begins when the FFL submits the DROS information.
One handgun per month
With some exceptions listed in Penal Code 27535 (was 12072(a)(9)(B)), one may purchase only one handgun within any 30-day period. The 30-day period begins when the FFL submits the DROS information.
One of those exceptions is for California residents with a state Certificate of Eligibility and a Federal Curio and Relic (Collector's) FFL. Such purchases are NOT limited to C&R handguns - the law does not make that restriction.
(Certificate of Eligibility is PC 26710)
Lock required
See 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
For Semiautomatic Rifles, see that topic on the Main Page.
Buying rifles and shotguns is far less complicated than buying handguns.
Standard dealer requirements
The buyer will need to complete the Federal 4473 and the California DROS, and will pay a fee.
There will be a waiting period, unless the buyer is exempt.
Cpt 27535 Outpatient Code
The buyer will need a firearms safety device, either a lock or a safe affidavit or some other acceptable solution.
Differences from handgun purchases
Buyers may be 18 or older.
There is no 'list' of approved rifles, though California does define 'assault weapons' which may not be purchased without a permit or Law Enforcement status. Semiautomatic rifles which are not 'assault weapons' may be purchased as freely as bolt-action or lever-action rifles.
There is no limit on the number of rifles or shotguns which may be purchased, either at one time or across any interval.
Beginning January 1, 2015, to receive any long gun, a non-exempt buyer must have a Firearms Safety Certificate (FSC). A 'safety demonstration' is also required.
Frames and receivers are 21 and older
[www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2009-11.pdf BATF FFL Newsletter] says
California DROS does not make that distinction, but FFLs must also follow Federal law.
Buying from a Private Party - PPT
- Note that 'private party transfer' is shorthand for a legal description of a kind of transfer, meaning more than a transaction between two parties who are not licensed dealers.
Private Party Transfers - PPT - are authorized by Penal Code 28050 (was 12082)
You must use a California FFL
28050 specifies a dealer licensed according to Penal Code 26700.
FFLs are required to conduct PPTs. In a March 6, 2001 memo 'Requirement for Firearms Dealers to Conduct Private Party Transfers / Allowable Fees' the California Department of Justice states
PPT exempt from 1 handgun in 30 days
A Private Party Transaction is exempt from the one handgun in 30 days rule. (Penal Code 27535(b)(8))
Cpt Code 27535 Vs 27536
The City of Los Angeles, however, has ordinance 'SEC. 55.14. SALE OR PURCHASE OF MORE THAN ONE HANDGUN WITHIN A THIRTY DAY PERIOD PROHIBITED.' from March of 1999. It substantially mirrors the state law, but does NOT have the exemption for Private Party Transfers. Because it falls outside the state preemptions regarding gun laws in Government Code, it is presumptively legal.
As implemented, both parties must be present at the transferring FFL to initiate the transaction
Ordinarily both parties appear at the same time, but it is possible to do some paperwork separately, similar to a consignment. Ask your FFL.
- At one time this Calguns post on split-PPT might have been useful. In 2011, the DOJ has been rejecting this method, and the proper, accepted use of PPT requires both parties to the transfer to physically appear at the same CA FFL.
As implemented, both parties must be California residents
Note: revisions to this subsection are possible in the future; Mar 23 2009.
The DROS software will accept only California-issued identification, or military identification with Permanent Change of Station (PCS) orders to California for PPT transactions.
There appear to be two reasons for this:
- 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
- The Dealer Record of Sale software (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)
To determine eligibility under 12072, the background check, initiated through the DROS system, must occur.
Standard dealer requirements
The buyer must submit all the necessary Federal 4473 and 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
Standard handgun requirements
The buyer must be at least 21 years old.
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. (Penal Code 12132(a))
Handguns transferred through PPT are exempt from the 1 per 30 days rule. (Penal Code 12072(a)(9)(B)(viii)) Note that the City of Los Angeles has a local ordinance imposing 1 in 30 days even on PPT.
Selling on Consignment
A California gun dealer who accepts guns on consignment for sale is defined as a 'secondhand dealer' by Business and Professions Code Section 21626. Such a 'secondhand dealer' is required by Business and Professions Code 21628.2 to
and such dealers are required by Section 21636 to
This level of business practice is mostly of interest to licensed FFLs, but the effect on buyers here is that consignment guns must be held for 30 days after being accepted by a dealer, and cannot be delivered to a buyer before the 31st day.
Selling as a Private Party
There is a small limitation on the number of occasions of sales; the penal code says PPT is for 'infrequent' transactions, and PC 16730 (was 12070 (c)) says
The intent here is to prevent buying and selling guns for a living, aka 'dealing without a license'.
'Transactions' in the law
Transactions, in this context, apply only to sellers. A transaction, a sale to one buyer, may include any number of firearms in that sale.
Federal law on 'dealing without a license'
In addition to California law, Federal law must be considered;Calguns member Fiddletown has posted a detailed discussion here.
Buying from a Private Party WITHOUT a Dealer
Former section 27965 was repealed in 2012. That had allowed non-FFL transfer of Curio and Relic long guns.As of Jan 1, 2014, this exception has been written out of California law.
See AB 809
Penal Code 27545 requires 2 non-licensed individuals to use an FFL in a Penal Code 12082 Private Party Transfer.
Shipping
Federal law allows residents of the same state to ship firearms to other residents of the same state via common carrier (but generally not USPS.) ATF Publication P 5300.4 — Federal Firearms Regulations Reference Guide 2005 on Page 177 states:
Locks, Safes, and Laws
There are two sets of laws to satisfy, state AND Federal.
California law requires a firearms safety device with each gun delivered (Penal Code 23635 (was 12088.1), added in 1999 with AB 106).
California law will accept many items to satisfy this requirement -a lock, a safe, a lock-box, or an internal lock designed into the firearm - as a 'firearms safety device' and maintains a list, the Roster of Firearm Safety Devices Certified for Sale.
California will accept a gun lock,with conditions:
California will accept a gun safe as a firearms safety device
other proof in (b)(2), above, includes the Safe Affidavit, but that works only for California law - see further, below.
California law - Penal Code 23630 (was 12088.8) - exempts 'antique firearms' and firearms sold to LEO 'for purposes of law enforcement' from the safety device requirement.
HOWEVER, Federal Law (Child Safety Lock Act of 2005) has introduced a complication with handgun purchases.
18 USC 922(z) requires
and 18 USC 921(a)(34) has the definition
The Bureau of Alcohol, Tobacco, Firearms and Explosives has yet toissue 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; but for handguns, because BATFE has not yet ruled, the safe affidavit is NOT acceptable, and buyers may expect to purchase a gun lock with each handgun.
![Penal code 27535 Penal code 27535](https://accessories.hitchcocksmotorcycles.com/27535-1200.jpg?resizeid=-2)
Anecdotal evidence at Calguns suggests that BATFE is in fact specifically refusing to accept the California safe affidavit. See this Calguns post for a reproduction of the letter BATF has sent.
BATFE enforcement of this appears problematical; there seems to be no record keeping requirement to establish the lock presence on delivery in Federal paperwork.
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