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supernachos
06-12-2011, 4:38 PM
Well on the street where I live has some very friendly LEO's as my neighbors. They work for different cities police departments. Well the inevitable question arose and I mentioned that if they knew anybody from their respective department seeking to sell a firearms let me know as I might be interested.

One neighbor said from time to time a fellow officer would sell a firearm to another LEO. So I asked where was their preferred FFL to do the PTP transfer and he mentioned that many of them don't even do PTP transfers, they simply just exchange money for the firearm and that's it!

Just 2 Questions:

Is this practise widespread amongst LEO's of selling firearms between LEO's without going to the PTP transfer process?

What are the legal ramifications if, for whatever reason, my house is searched and I have in a possession a firearm that is *not* stolen, has a serial number not under my name but simply in my possession?

Thanks in Advance!

TRICKSTER
06-12-2011, 4:44 PM
There is no exemption for handgun transfers for LEO's. They have to transfer it at a dealer just like everyone else.
As far as a handgun, there is no law requiring that it be registered to you unless you are caught with it while committing a crime.

Notorious
06-13-2011, 12:12 AM
There is no exemption for LEO to LEO transfers. All firearm transfers must go through a FFL, including long guns. The only exemption is via operation of law such as family members or wills and trusts then you have to file the form with DOJ for $19.

As for handgun possession of a handgun not in your name, you have to have a HSC or be exempt from HSC, and you cannot have it for more than 30 days because after 30 days, it is presumed that it is an illegal handgun transfer without a FFL.

Clear as mud?

supernachos
06-13-2011, 8:13 AM
Well after reading the California gun law of 2007, I sort of figured that any transfer of a firearm needs to be via a FFL for everybody. Just wondering if this practise of firearm sales amongst LEO's are common place... I guess not?!

Hmmm...also the way I read the gun law is that long guns (rifles) does *not* have a limit in the number of days you can have it under your possesion and not registered under your name.

So to me it looks like the only way you would be in trouble if you were caught using it in a crime, which includes transporting the rifle in your vehicle while loaded and/or unlocked while in your possesion?

Thanks for all your replies...

biochembruin
06-13-2011, 12:18 PM
There is no mandatory registration of non-AW long guns, so you wouldn't have any registration to transfer anyway.

supernachos
06-13-2011, 1:26 PM
There is no mandatory registration of non-AW long guns, so you wouldn't have any registration to transfer anyway.


Ahh ... so would a PTP transfer between private parties of a pump action shotgun over 30" or bolt action rifle be redundant? I'm so confused now...
8-)

TRICKSTER
06-13-2011, 1:50 PM
All handguns must be transferred through a FFL
All long guns less than 50 years old must be transferred through a FFL.
Handgun serial numbers are reported to the state by the FFL. (registered)
Long gun serial numbers are not reported by the FFL.(not registered)

FLIGHT762
06-13-2011, 2:01 PM
I think where you are getting confused is the word "registration" with "Transfer".

All private party transfers ( except C&R long guns) have to go through a FFL dealer. When you PPT a handgun, it gets "registered" (DROS'ed) with make, model and serial number to the new buyer (owner). All long gun transfers (rifle / shotgun) do not "register" or record the make, model or serial number. The paper work only shows that the seller and buyer made a long gun transfer.

I remember many years ago, I was able to transfer a pistol to another Police Officer by filling out a DOJ form and sending it to them with a check for $14.00 for the background check, without having to go to a FFL dealer. I don't know if that has changed, but I believe it has.

There is no requirement that all Handguns be "Registered", if you owned a handgun prior to the PPT law, you do not have to "Register" it, however, if you want to transfer it to another party, you must now go through a FFL. All firearms, except qualified (long gun) C&R's (curio and relics) must go through a FFL for PPT.

supernachos
06-13-2011, 2:13 PM
Ok thanks all ... for the information.

Bottom line is then, if I were to buy a firearm from a LEO I will have to ask him to accompany me to a FFL for the transfer.. Unless of course he or she refuses as the firearm may have been transferred several times between LEO's without going through the *official* PTP process... hahaha!

ap3572001
06-13-2011, 3:13 PM
All handgun transfers must be done via PPT. There is no law that says that every modern handgun You own must come back to You. Someone correct me if I am wrong.

Librarian
06-13-2011, 5:29 PM
Flight 762 got it.

Since 1991, substantially all CA firearms transfers are required to go through a CA-licensed FFL.

See the wiki http://wiki.calgunsfoundation.org/index.php/Buying_and_selling_firearms_in_California and http://wiki.calgunsfoundation.org/index.php/Firearms_registration

Princeau99
06-21-2011, 1:55 PM
I believe I am allowed one dumb question per year.
Does the buyer have the same 10 day waiting period (I guess with the FFL storing)?

Notorious
06-21-2011, 5:15 PM
All firearms transfers via FFL have the 10 day wait except if you get a letterhead as a Leo.