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View Full Version : private party long gun transfer ???'s


jonb
05-14-2006, 12:11 PM
According to an ffl holder I can sell long guns to another private party w/o going through an ffl. Is this the case? I'm sure he knows the laws, but I am surprised and want to be 100% certain.
Thanks in advance for any replies.
edit: I did search to no avail, has to be somewhere but I couldn't find it.

JonB

Mssr. Eleganté
05-14-2006, 12:31 PM
The FFL is partially correct.

In California you can transfer rifles and shotguns that are at least 50 years old to another person without going through an FFL.

Section 12072(d) is the section of California law that requires firearm transfers to be processed through a California FFL Dealer...

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 either of the following:
(1) A licensed firearms dealer pursuant to Section 12082.
(2) A law enforcement agency pursuant to Section 12084.


But Section 12078(t)(2) exempts long guns over 50 years old from this Dealer transfer requirement...

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 prior to the current date, but not including replicas thereof, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations.

Note that Federal law still requires an FFL to be involved in firearms transfers if the transfer is between residents of different states.

jonb
05-14-2006, 12:41 PM
Okay,
Thanks for the clarification. I probably mis-understood the dealer.

Anybody know an ffl in S. Lake Tahoe?
Thanks again,
JonB

Mssr. Eleganté
05-14-2006, 12:59 PM
You might not have missunderstood the dealer. It's just as likely that the dealer gave you bad info. Mine told me the same thing. California gun laws are so complicated and they change frequently enough that it can be hard to keep up.

There is another big exemption to the dealer transfer requirement I forgot to mention. Transfers between a child and parent or child and grandparent are also exempt. This includes long guns or handguns of any age, but the handgun transfers need to be reported to CalDOJ and a fee paid.