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  #1  
Old 09-20-2022, 5:26 PM
Xplosiv3 Xplosiv3 is offline
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Default Question regarding AZ resident moving to CA with off-roster handguns.

I have a cousin whom is a resident of AZ and has zero ties to CA. She has 5 handguns not on the CA roster.

I am aware she can bring them assuming they are CA compliant and she has no intentions of selling them.

But what if she changes her mind once she is a resident of CA and decides to sell them even though she had no plans to sell them before moving to CA?

That is a hypothetical situation but I am just trying to find out how there are so many Sig P365s, Hellcats, Staccatos, and Gen 5 Glocks for sale on the Handgun Marketplace? Do that many LEOs/Active Duty Military members buy and sell them to private parties?

Last edited by Xplosiv3; 09-20-2022 at 5:30 PM..
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  #2  
Old 09-20-2022, 5:32 PM
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Yes, she can sell them later if she decides that she doesn't want them.
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  #3  
Old 09-20-2022, 5:34 PM
one*eyed*jack one*eyed*jack is offline
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Selling them isnt a problem. She has 60 days to either register or sell them.
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  #4  
Old 09-20-2022, 5:39 PM
Xplosiv3 Xplosiv3 is offline
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Quote:
Originally Posted by rromeo View Post
Yes, she can sell them later if she decides that she doesn't want them.
I see. So I wonder if there are people that do this for a living. Move to AZ for 6 months or however long it takes to legally be able to buy a handgun there, cut ties with CA, move back to CA after they have a bunch of off roster guns with no intentions of selling them, change their mind about not selling them, and then make a huge profit.

Or are LEOs/Military not limited in terms of selling their firearms to private civilians. Or are they under the same rule, that they can buy the handguns with no intentions of selling them, but can legally change their mind once they have them and then sell them.
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  #5  
Old 09-20-2022, 5:45 PM
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Unless the person is a CA FFL dealer, that person is limited by the amount of transfers and firearms they can legally conduct within a calendar year. [PC 26520]



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.

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 both of the following are true:
(1) The person conducts less than six transactions per calendar year.
(2) The person sells, leases, or transfers no more than 50 total firearms per calendar year.
(b) As used in this section, “transaction” means a single sale, lease, or transfer of any number of firearms.
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  #6  
Old 09-20-2022, 5:51 PM
Xplosiv3 Xplosiv3 is offline
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Quote:
Originally Posted by Quiet View Post
Unless the person is a CA FFL dealer, that person is limited by the amount of transfers and firearms they can legally conduct within a calendar year. [PC 26520]



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.

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 both of the following are true:
(1) The person conducts less than six transactions per calendar year.
(2) The person sells, leases, or transfers no more than 50 total firearms per calendar year.
(b) As used in this section, “transaction” means a single sale, lease, or transfer of any number of firearms.
So "less than 6" must mean that 5 transactions are legal per year with up to 10 firearms per transaction?
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Old 09-20-2022, 6:19 PM
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Quote:
Originally Posted by Xplosiv3 View Post
I see. So I wonder if there are people that do this for a living. Move to AZ for 6 months or however long it takes to legally be able to buy a handgun there, cut ties with CA, move back to CA after they have a bunch of off roster guns with no intentions of selling them, change their mind about not selling them, and then make a huge profit.

Yes, and some end up being called prison inmates and/or prohibited possessors.
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  #8  
Old 09-20-2022, 7:55 PM
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Quote:
Originally Posted by Xplosiv3 View Post
So "less than 6" must mean that 5 transactions are legal per year with up to 10 firearms per transaction?
You can do up to 50 firearms in a single transaction (in which case you can only do that one transaction within the year).
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Old 09-21-2022, 4:44 AM
jeremiah12 jeremiah12 is offline
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Off-roster handguns also make their way into the state through interstate intrafamilial transfer process.

A parent, grandparent, or adult child that is living out of state can gift an off-roster handgun to a CA resident as long as the transfer is done through a CA FFL.

If some time later the person decides they no longer want that off-roster gun, they can sell in CA through the PPT process.
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  #10  
Old 09-21-2022, 7:49 AM
Xplosiv3 Xplosiv3 is offline
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Quote:
Originally Posted by jeremiah12 View Post
Off-roster handguns also make their way into the state through interstate intrafamilial transfer process.

A parent, grandparent, or adult child that is living out of state can gift an off-roster handgun to a CA resident as long as the transfer is done through a CA FFL.

If some time later the person decides they no longer want that off-roster gun, they can sell in CA through the PPT process.
Oh yeah. Forgot about that. I thought that was only for inheriting but makes sense.
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  #11  
Old 09-22-2022, 10:16 AM
Chewy65 Chewy65 is offline
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Even if you do not sell more than the amount of guns permitted a non-dealer per annum, can't you still be tagged for conducting business as an unlicensed dealer? Time for the Jailhouse Rock.
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Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
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