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Bull Elk
01-10-2012, 2:44 PM
So my hunting buddy is a bit nervous. He does not have, nor wishes to have an FFL. He sold 7 handguns in 2011, but didn't know there was a law that limited him to 5 in a calendar year. He's what I would call a hobbiest, not a collector. He likes to shoot them a few times, sell them and buy more. He inherited a few of the handguns and sold them without shooting them. He wants to know if he's going to get a knock on the door from the Fed's. I told him that from my perspective, he's probably not going to hear from anyone, as I assume the fed's have bigger fish to fry. Anyone wish to weigh in on this. The poor guy is a nervous wreck.

Thanks

tenpercentfirearms
01-10-2012, 3:08 PM
So my hunting buddy is a bit nervous. He does not have, nor wishes to have an FFL. He sold 7 handguns in 2011, but didn't know there was a law that limited him to 5 in a calendar year. He's what I would call a hobbiest, not a collector. He likes to shoot them a few times, sell them and buy more. He inherited a few of the handguns and sold them without shooting them. He wants to know if he's going to get a knock on the door from the Fed's. I told him that from my perspective, he's probably not going to hear from anyone, as I assume the fed's have bigger fish to fry. Anyone wish to weigh in on this. The poor guy is a nervous wreck.

Thanks

The Feds will not be coming after him for a CA state law, so that is the good news. Will the CA DOJ come after him for selling one more handgun than he was supposed to? Probably not. Ony time will tell. Odds are a definite "not likely".

mej16489
01-10-2012, 3:21 PM
I'm not an FFL

Also keep in mind its 5 transactions, not 5 handguns.

tenpercentfirearms
01-11-2012, 5:53 AM
I'm not an FFL

Also keep in mind its 5 transactions, not 5 handguns.

I have never bothered to look since I am a dealer, but where is this six transaction law?

Quiet
01-11-2012, 6:17 AM
I have never bothered to look since I am a dealer, but where is this six transaction law?

In order to be considered "infrequent", need to do less than six handgun "transactions" within a calendar year. [PC 16730(a)(1)]

More than six "transactions" and it is considered dealing without a license (misdemeanor). [PC 26500]



Penal Code 26500
(a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(b) Any person violating this article is guilty of a misdemeanor.

Penal Code 26520
(a) Section 26500 does not apply to the infrequent sale, lease, or transfer of firearms.
(b) As used in this section, "infrequent" has the meaning provided in Section 16730.

Penal Code 16730
(a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, "infrequent" means:
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without regularity.
(b) As used in Section 27900, the term "infrequent" shall not be construed to prohibit different local chapters of the same nonprofit corporation from conducting auctions or similar events, provided the individual local chapter conducts the auctions or similar events infrequently. It is the intent of the Legislature that different local chapters, representing different localities, be entitled to invoke the exemption created by Section 27900, notwithstanding the frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(c) As used in this section, "transaction" means a single sale, lease, or transfer of any number of handguns.