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View Full Version : Penal Code's 26500 26520 16730 PPT "transaction" question?


us3
02-13-2012, 5:43 PM
Hi

Below I have quoted Quiet's text about the 6 handgun transactions per year CA law. (thank you for this info Quiet)

Does this mean I can only complete 6 handgun PPT's per year whether I'm buying or selling? (since a PPT is a "transfer" and they are considered a transaction?)


Everyone and LGS's state you can do as many PPT's as you want. As I read the quote, it states I can only do 6 handgun transfers per year.

Please show me I'm wrong....

Thank you for any comments or other info

Matt




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.

Librarian
02-13-2012, 6:36 PM
If you conduct more than 5 PPT sales transactions, of any number of guns in each transaction, there is some likelihood that DOJ might wonder if you were really supposed to have an FFL. That appears to be the level that in law leads them to think one might be 'in the business'.

Purchase transactions need not be counted.

us3
02-13-2012, 7:07 PM
If you conduct more than 5 PPT sales transactions, of any number of guns in each transaction, there is some likelihood that DOJ might wonder if you were really supposed to have an FFL. That appears to be the level that in law leads them to think one might be 'in the business'.

Purchase transactions need not be counted.


Thank you for the quick reply Librarian

Are buying and selling truly separated though because both are really a "transfer"?

I just want to be 100% sure, I'm geting back into shooting after 20 years and want to sell some old guns and buy some newere ones. (things were different back then, cash and a hand shake were a done deal)

Thanks again

Matt

Librarian
02-14-2012, 2:19 AM
Yes, DOJ's interest is expressed in PC 26500. If you don't sell a lot, they won't bother you, and they won't care at all about how often you buy.

us3
02-14-2012, 3:39 PM
Yes, DOJ's interest is expressed in PC 26500. If you don't sell a lot, they won't bother you, and they won't care at all about how often you buy.


Thanks again for the replies

Have a great day

Matt