Firearm transfer

[Dr.Spebble]

This has probably been covered here ad nausea, but what is the legal way to purchase a Ca approved handgun from a friend? We're both CA residents and the transaction takes place in this state. Does a licensed dealer have to be involved? Waiting period? Little help here? Thanks

[DVSmith]

From:
Frequently Asked Questions - Public - Bureau of Firearms - California Dept. of Justice - Office of the Attorney General

14.
I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?

Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the; buyer is denied), must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement.

Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example:

a.For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction.
b.For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of$10.00 per each additional firearm transferred.
(PC section 12072(d))

[DVSmith]

I didn't notice that the DOJ does not address it in that FAQ, but the normal 10 day waiting period applies as well. ETA, 10 days means 10 24 hour periods.

[paul0660]

The buyer needs a HSC or exemption and proof of residency as well as Driver's license. Also, in a ppt the handgun does not have to be on the list.

[Dr.Spebble]

Thanks, guys. I'll store this info in my memory banks.

[CCWInstructor]

Originally Posted by paul0660

The buyer needs a HSC or exemption and proof of residency as well as Driver's license. Also, in a ppt the handgun does not have to be on the list.

Buyer AND SELLER!

[paul0660]

Buyer AND SELLER!

What?

Seller does not need an HSC or proof of residence beyond DL.

[9x45]

you can also do a voluntary registration



http://www.ag.ca.gov/firearms/forms/pdf/volreg.pdf

[45 ACP]

Originally Posted by paul0660

What?

Seller does not need an HSC or proof of residence beyond DL.

Edited: Nevermind

[Quiet]

Originally Posted by 9x45

you can also do a voluntary registration



http://www.ag.ca.gov/firearms/forms/pdf/volreg.pdf

In CA, it is legal to own an unregistered firearm.

If a CA resident wants to register firearm(s) with CA DOJ, they can use that form.

It is not legal to use that form to do a firearm transfer between CA residents.

[Rond4x4]

If you received a handgun from a family member (brother in this case) in another state, what would be the best way to register it?

[CCWInstructor]

Originally Posted by paul0660

What?

Seller does not need an HSC or proof of residence beyond DL.

Uh yes they do. This is required by CA-DOJ. If the Buyer doesn't clear background, they run the seller to make the seller can take possession of it again.

I've been the dealer in the middle of Private Party Transaction (PPT). DOJ calls me and denies the DROS. They then asked if I have the sellers HSC or exemption code.

[paul0660]

IF you mean that AFTER the prospective buyer fails backround check the original seller must satisfy the HSC and POR requirement, ok, but that is not in the statute and the DOJ representive is giving you a bum steer. They run a quick backround check and the seller gets his gun back if that is passed.

I don't think that you mean that the seller has to show up with a current HSC and car reg., or similar, as well as DL, at time of sale, right?

[CCWInstructor]

Originally Posted by paul0660

IF you mean that AFTER the prospective buyer fails backround check the original seller must satisfy the HSC and POR requirement, ok, but that is not in the statute and the DOJ representive is giving you a bum steer. They run a quick backround check and the seller gets his gun back if that is passed.

I don't think that you mean that the seller has to show up with a current HSC and car reg., or similar, as well as DL, at time of sale, right?

Yes I do mean that. Have you been thru a DOJ Audit?

[CCWInstructor]

Originally Posted by Rond4x4

If you received a handgun from a family member (brother in this case) in another state, what would be the best way to register it?

Family Transfer means up or down a generation, not across the same gen. The gun MUST be on the CA approved list. It must go FFL to FFL.