Selling & Trading Limits

[Philinsocal]

I have a question regarding the number of guns a hobbyist (Non FFL) can sell in a calendar year. Also - would a trade be treated the same as a sale? Does the limit pertain only to PPT or does it also include guns sold or traded to a gun shop?

[OCEquestrian]

I have a question regarding the number of guns a hobbyist (Non FFL) can sell in a calendar year. Also - would a trade be treated the same as a sale? Does the limit pertain only to PPT or does it also include guns sold or traded to a gun shop?

You should learn to use the search function BEFORE coming here...

https://www.calguns.net/calgunforum/showthread.php?t=146211

http://www.calguns.net/calgunforum/archive/index.php/t-920153.html

https://www.atf.gov/file/100871/download

[hermosabeach]

Phil-

You have a great and non answerable question....

The state of CA has a guideline and the feds have a guideline.



People buy and sell... Cars- houses- lots of stuff-

But if you buy a gun for say $300 from a widow and then flip the gun a week later on gunbroker for say $500, some say you are engaging as a dealer as you are buying and reselling, all with an FFL, for profit.

The problem with your simple question is a ton of laws that can be enforced against you should you end up on someones radar.

[aspenvalley]

[Philinsocal]

That is a good idea...I don't plan on selling a ton but tonight I will be at 5 for the year (including trades). If profit is the determining factor, I don't have anything to worry about.

[Philinsocal]

Phil-

You have a great and non answerable question....

The state of CA has a guideline and the feds have a guideline.



People buy and sell... Cars- houses- lots of stuff-

But if you buy a gun for say $300 from a widow and then flip the gun a week later on gunbroker for say $500, some say you are engaging as a dealer as you are buying and reselling, all with an FFL, for profit.

The problem with your simple question is a ton of laws that can be enforced against you should you end up on someones radar.

Thanks. In searching on-line, I could not really find anything definitive.

[Philinsocal]

You should learn to use the search function BEFORE coming here...

https://www.calguns.net/calgunforum/showthread.php?t=146211

http://www.calguns.net/calgunforum/archive/index.php/t-920153.html

https://www.atf.gov/file/100871/download

I did and they did not exactly answer all of my questions (e.g. trades as opposed to sales and selling directly to an FFL). Since this is a discussion board, I thought I'd ask.

[BarrettM99]

I have a question regarding the number of guns a hobbyist (Non FFL) can sell in a calendar year. Also - would a trade be treated the same as a sale? Does the limit pertain only to PPT or does it also include guns sold or traded to a gun shop?

I’ve sold/bought/traded a Lot of firearms this year and no problems whatsoever.

There is NO limit per se...It is more about if you are selling to make money as in an income. Or if you purchase firearms with the intent of selling them.

I have a lot of firearms. I buy and sell all the time and I have no problems. When buying, you obviously will have the one in 30 rule as a non-exempt. But other than that, you should be good to go as long as you’re operating within the law and don’t do this as a source of income.

You can sell to an FFL or through an FFL to a private party, it’s still a transaction.

[Librarian]

I’ve sold/bought/traded a Lot of firearms this year and no problems whatsoever.

There is NO limit per se...It is more about if you are selling to make money as in an income. Or if you purchase firearms with the intent of selling them.

I have a lot of firearms. I buy and sell all the time and I have no problems. When buying, you obviously will have the one in 30 rule as a non-exempt. But other than that, you should be good to go as long as you’re operating within the law and don’t do this as a source of income.

You can sell to an FFL or through an FFL to a private party, it’s still a transaction.

The limit for CA is 5 handgun transactions per calendar year, any number of handguns per transaction.

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.

A trade is treated the same as a sale.

The Feds don't have a number.

Both sets of laws seem to be intended to discourage buying and selling as a business, without the designated government licenses.

We don't hear of prosecutions in CA on the point; we do hear of Federal prosecutions, so far usually associated with CA LEO flipping off-Roster guns.

BTW, this is not a 'handgun' question, but a 'CA law' question, and belongs in the forum for law questions.

[Philinsocal]

The limit for CA is 5 handgun transactions per calendar year, any number of handguns per transaction.

A trade is treated the same as a sale.

The Feds don't have a number.

Both sets of laws seem to be intended to discourage buying and selling as a business, without the designated government licenses.

We don't hear of prosecutions in CA on the point; we do hear of Federal prosecutions, so far usually associated with CA LEO flipping off-Roster guns.

BTW, this is not a 'handgun' question, but a 'CA law' question, and belongs in the forum for law questions.

Thank you! This clarifies things.