Can I sell a C&R gun private party transfer without a C&R license

[Geodetic]

Been thinking about flipping a few older rifles I have cleaned up and refinished the stocks on. I do not have a C&R license. Can I sell these face to face without an FFL or C&R license? I thought I read somewhere that I could? Thanks

[Quiet]

Non-licensed CA residents can "cash & carry" transfer C&R long guns that are over 50 years old.

In CA, C&R handguns and C&R long guns that are not 50+ years old, need to be transfered through a FFL dealer.



Penal Code 12078
(t)(2) Subdivision (d) and paragraph (1) of subdivision (f) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.

Penal Code 12072
(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.

Penal Code 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.

[oaklander]

Yes, under CA law they must be at least 50 years old, and be long guns.

[Geodetic]

Thanks! My plan may just work out if I'm hit with some hard economic times.

[jverham]

so does this mean that if I want to buy a C&R eligible handgun, I need to get a ppt if neither party has a C&R license?

[domokun]

so does this mean that if I want to buy a C&R eligible handgun, I need to get a ppt if neither party has a C&R license?

That is correct.

[paul0660]

all handgun transfers have to be made through a FFL01, PPT or otherwise, regardless of the buyer and sellers C&R licenses.

[jverham]

ok thank you

[jello2594]

Yes, i sold 3 of my long guns, all older than 50 years old to 3 different Calgunners a couple of months back... handed over the gun, got the cash, wished them a good day.

[packnrat]

That is the way any PPT should be,
no matter what the item is.
aka:
gun,
car,
house,
stick,
etc.

.

[Wyseguy]

Yes, i sold 3 of my long guns, all older than 50 years old to 3 different Calgunners a couple of months back... handed over the gun, got the cash, wished them a good day.

If you are a C&R holder, you need to record all your C&R transactions in a logbook, not just wish them a good day. If not, I guess you're good to go!

[jello2594]

Yeah, I dont have a log book. Um, is that a crime? One of my buyers had one...

[ke6guj]

If you don't have a C&R FFL or any other FFL, you do not need to have a log book. The log book is only required for licensees.

Now, your buyer would need to write your ID info into HIS bound book to comply with federal law.

[jello2594]

Phew - then we're all good.

[stag1500]

Are C&R handguns exempt from the California roster?

[ke6guj]

Are C&R handguns exempt from the California roster?
Yes, C&R handguns are Roster-exempt, but they are not exempt from the requirement that private party transfers of all handguns be transfered through a dealer.

[Dr. Peter Venkman]

What exactly did you "refinish"?