#1
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Only can sell 6 firearms a year???
I am cleaning out my safe and have about 14 firearms to sell. I am sure MOST people are not going to want to buy more than one. My LGS said I am ONLY allowed to sell 6 firearms a year?????? WTF????
I am NOT able to sell all of these firearms when I legally purchased, registered them and payed my California Extortion fee of the 10 day hold period??? |
#4
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There's some law about going over 5 or 6 PPTs per year and potentially appearing to be an unlicensed gun seller. I think it only involves handguns, and is not # of handguns, but # of PPT's
Someone will be along with more information, I'm sure. |
#5
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You can sell as many as you want, however you are limited to less than 6 PPTs for handguns (that means 5) per year. Unlimited guns per transaction.
Rifles is "infrequent" with no numerical value set. |
#6
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Quote:
Long guns = occasionally and without regularity. [PC 16730(a)(2)] Transaction = any number done under one sale/transfer to a single buyer/transferee. [PC 16730(c)] 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 25620 (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. (c) As used in this section, “transaction” means a single sale, lease, or transfer of any number of handguns. |
#7
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I'm curious as to whether it's ever been enforced against someone who sells a bunch to a bunch of buyers over a short time period, rather than against someone who buys/sells/buys/sells/buys/sells
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#8
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Quiet has it right. I did 7 handgun transactions before I knew about the law. Never got in trouble. They were probably happy to have them now registered as it was mostly stuff I had bought in the 70s & 80s.
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#9
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I once asked a well-known attorney about that. He said while it does expose one to prosecution, he knew of no one either investigated or arrested, except for LEO selling many, many off-roster pistols.
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#10
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Under Federal laws/regulations... When transferring 2+ handguns or 2+ semi-auto rifles chambered in a caliber larger than .22, within 5 business days through the same FFL, that FFL must report the transfers to BATFE. BATFE will then flag the parties involved and do a follow up investigation if they get reported again. ^This is how the Feds catch people acting as unlicensed dealers. |
#11
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You're fine. The purpose of the law is control. It's just like cars. You're limited to how many cars you can sell a year also....unless you get a resale license.
They had to pick a number that they consider you acting as a dealer if you go over. As long as you are legitimately selling your privately owned firearms you'll be fine as we all know that the state can NOT actually dictate to you how many personal items you can sell in a year. (well they can try but good luck getting a conviction) Hell, I bought a couple guns from a guy on this forum about 10 years ago that listed over 50 firearms at one time as he was liquidating a collection. |
#14
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I was under the impression that PPT you can purchase as many as you want. How would somebody go about purchasing a collection from somebody that has either passed away or wants to just get rid of it in general?
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#15
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BATFE
Quote:
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#16
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I think I found the answer to my own question. It looks like the FFL reporting requirements to BATFE for multiple gun transactions only applies if the buyer is the same person. As far as I can tell it is not required when the same seller is selling to multiple different people. https://www.atf.gov/resource-center/...firearms-sales
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#17
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If your off-loading your collection, I wouldn’t worry about it. They are looking for multiple instances. Just sell your off roster stuff via PPT, the rest can go through gun broker via FFL which is not PPT. Firearm will be logged into the dealers possession and sold as if he was the dealer.
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#18
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Cops have been charged with as unlicensed firearms dealers for doing this.
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If you find yourself in a fair fight, you're doing it all wrong. |
#19
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Quote:
https://www.pasadenastarnews.com/201...-100-firearms/ Highlights of note: Quote:
Quote:
Quote:
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Anchors Aweigh Last edited by Mayor McRifle; 01-06-2019 at 9:16 AM.. |
#20
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Moral of the story, if you're selling off a collection use multiple FFL's
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#21
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Even from a gun grabbers point of view this is a stupid law as it requires you to keep firearms when you might otherwise wish to dispose of them e.g. you get married and don’t want guns in the house with children, you acquire a health condition that requires you to give up shooting, you are going to relocate to another country, your spouse dies and you don’t want the guns, you simply are no longer interested in shooting etc.
All of the above circumstances would legitimately mean the disposal of multiple firearms in a short period of time. Last edited by boltstop; 01-06-2019 at 10:31 AM.. |
#22
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dumping a collection, or large part of a collection, could easily fall under "occasional and without regularity" if it's long guns. That part of the code is vague enough that it would be very difficult to try to convict someone for, unless there's a pattern over time. Handguns they seem to set a limit of 5 explicitly. Though that's CA PC, so if you transferred to an out of state FFL not sure they could ever be aware to count it.
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#24
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Yeah but there is a difference between PPT and FFL Transfer where you shipped the gun to an FFL for the individual to DROS. The Transfer only shows up as a purchase from an FFL, same process as buying from that FFL
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#25
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Quote:
How are sales tracked? If guns are sold through Gunbroker and are shipped out of CA to the buyers FFL, What links the transaction back to the seller in CA?
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Originally Posted by OCEquestrian View Post Excellent! I am thinking about it as well and I only have 4 points and an unfortunate "match bump" up to expert classification where I am far less "competitive" with my peers there. |
#26
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I am assuming this only applies to selling to a CA residents?
If not....oops. .
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Bring hay for my horse....wine for my men....and mud for my turtle! What do you hear ???...... Nothing but the rain. Well grab your gun and bring in the cat. "A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud |
#27
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Quote:
https://leginfo.legislature.ca.gov/f...r=1.&article=1. Reading that, it doesn't seem to apply to sales to out of state retailers and residents (Though I didn't read those sections very closely) If you're a Collector (FFL03 + CoE), you can sell as many Curio & Relic firearms (including Handguns) as you want without a dealer license, but only to a dealer. |
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