Person to Person Transfer Limits

[Ryco7]

I was in my FFL today doing an PTP, and was asked if I had sold/ transferred more than 5 firearms this year (I have not)? Anyways the person working told me CA changed the law recently limiting Selling or PTP to 5, another person working in the same store then said, no its 7 but it only applies to handguns?. Sort of concerning they didnt know.

Does anyone know what the actual law is? Is it the number of firearms, or the number of transactions?

Appreciate any clarity; Im moving out of state and have some off roster handguns Id like to sell before moving.

[Sig so sour of ca]

Less than 6 transactions per year. You can sell 300 per transaction but you have to do less than 6 transactions. No limit on hand gun or rifle.

[RickD427]

Originally Posted by Sig so sour of ca

Less than 6 transactions per year. You can sell 300 per transaction but you have to do less than 6 transactions. No limit on hand gun or rifle.

NEGATIVE.

The above used to be true, but is no longer true.

Penal Code section 26520 exempts you from the need to be a licensed dealer if you only engage in the "Infrequent" sales of firearms. "Infrequent" is defined by Penal Code section 16730 as follows:

"(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."

It's also important to note the language used in section 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."

The "less than six" language used to define the number of permitted "transactions" can be kinda confusing. A "transaction" is an integer, therefore you are limited to five "transactions" per calendar year.

But you are also limited to "no more than 50 total firearms per calendar year." That effectively limits you to a maximum of 50 firearms per transaction.

Please note that the statutes make no distinction between handguns, long guns, and other forms of firearms. They're all treated the same.

The definition in PC 17630 was last changed by SB-376 in 2020. I'm only able to access the last change to the definition and it doesn't appear to have been disturbed by SB-376, but I do recall PC 17630 being as you described many years ago. It ain't that way today.

[G-forceJunkie]

Typo bolded.

Originally Posted by RickD427

NEGATIVE.

The above used to be true, but is no longer true.

Penal Code section 26520 exempts you from the need to be a licensed dealer if you only engage in the "Infrequent" sales of firearms. "Infrequent" is defined by Penal Code section 16730 as follows:

"(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."

It's also important to note the language used in section 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."

The "less than six" language used to define the number of permitted "transactions" can be kinda confusing. A "transaction" is an integer, therefore you are limited to five "transactions" per calendar year.

But you are also limited to "no more than 5 total firearms per calendar year." That effectively limits you to a maximum of 50 firearms per transaction.

Please note that the statutes make no distinction between handguns, long guns, and other forms of firearms. They're all treated the same.

The definition in PC 17630 was last changed by SB-376 in 2020. I'm only able to access the last change to the definition and it doesn't appear to have been disturbed by SB-376, but I do recall PC 17630 being as you described many years ago. It ain't that way today.

[RickD427]

Originally Posted by G-forceJunkie

Typo bolded.

Typo noted and fixed. Thanks

[Librarian]

And just to be excruciatingly technical, the California transaction is not "person to person", it's a Private Party Transaction, mediated by a CA FFL.

See the sticky, https://www.calguns.net/calgunforum/...d.php?t=725126

[mc.219]

To follow up on OP's post as I'm in a similar situation

5x handguns in a calendar year but for FFL inside the LA city limits, you are limited to 1x gun transfer every 30 days.

Is this correct? So if I wanted to do 5x transfers before leaving the country, I can do 1x within city limits and the other 4x I would have to do outside the city?

[9Cal_OC]

Originally Posted by mc.219

To follow up on OP's post as I'm in a similar situation

5x handguns in a calendar year but for FFL inside the LA city limits, you are limited to 1x gun transfer every 30 days.

Is this correct? So if I wanted to do 5x transfers before leaving the country, I can do 1x within city limits and the other 4x I would have to do outside the city?

Correct.

[P5Ret]

Originally Posted by mc.219

To follow up on OP's post as I'm in a similar situation

5x handguns in a calendar year but for FFL inside the LA city limits, you are limited to 1x gun transfer every 30 days.

Is this correct? So if I wanted to do 5x transfers before leaving the country, I can do 1x within city limits and the other 4x I would have to do outside the city?

I believe that the 1 in 30 for the city of LA regulates purchases, not sales. Hopefully someone more familiar with the actual ordinance will clarify.

[Dvrjon]

https://codelibrary.amlegal.com/code...c/0-0-0-138055

(d) No dealer shall transfer the title of any handgun to any person or process a handgun transaction between unlicensed parties pursuant to California Penal Code Section 12072 if the dealer prior to transfer has received notice from the California Department of Justice, herein referred to as the ?DOJ,? that DOJ has received an application for that person to purchase a handgun within the State of California within a thirty (30) day period prior thereto. For the purposes of this subsection, the date of application of purchase shall be the date the DOJ receives the Dealer Record of Sale or receives the transmission of required information by any medium of communication authorized under state law.

The 1-in-30 applies to buyer, not seller.