PDA

View Full Version : Thinning Out My Collection & Penal Code 12070 (c)(1)


duane_black
10-21-2010, 9:42 AM
Hi Guys !

Maybe someone can chime and give a opinion. I am trying to thin out my firearms collection a little bit but don't want to run afoul of any state or federal laws while doing so.

I am making some changes to my life and right now can't store many dozens of firearms at my place.

I figured I would sale a few handguns here on Calguns, then transfer some combination of handguns / long guns to a FFL in Arkansas for transfer to my Father.

This would be a permanent transfer. I plan on filing a no longer in possession form after the transfer (for the handguns).

Am I correct in assuming from reading Penal Code 12070 (c)(1)) that if I were to transfer 10 guns (both handguns & long guns) via FFL --> FFL for transfer to my father in Arkansas this would be considered 1 transaction and not 10 ?

I really don't need any legal drama right now. Any insight would be appreciated.


From Calguns Wiki

Penal Code 12070 (c)(1)) Note that the "infrequent" unlicensed sale of handguns is limited to five transactions per year, Penal Code 12070 (c)(1)(a), ("For pistols, revolvers, and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person.")

loather
10-21-2010, 10:41 AM
That is correct - you can sell all the handguns as one transaction and that will count as one sale for your 5-per-year limit.

ETA: There is some verbiage in law, if I recall correctly, that states the sale of a collection (e.g. downsizing) is perfectly legal, even in the event you go over the number of transactions in a particular year. What these laws were intended to do was keep people from becoming unlicensed firearms dealers; your sale is a) not for profit b) simply to downsize a collection, so you don't qualify as a firearms dealer.

duane_black
10-21-2010, 10:59 AM
Loather -

I sure do appreciate the information. I REALLY don't want any legal drama. I wish participating in this hobby wasn't so dangerous. Irritates the hell out of me.