PPT FAQ - Sales limit etc.

[Librarian]

This is a sticky thread with answers to Frequently Asked Questions about California's Private Party Transfer

Penal Code

Seee the sticky thread in the FFLs Forum

http://www.calguns.net/calgunforum/s...d.php?t=725126

Meaning and description of "PPT"

PPT is NOT 'person to person' in California

PPT is for 2 CA residents only; PPT does not work between a CA resident and a resident of some other state.

PPT requires those two CA residents - people with CA ID - to use a CA FFL to transfer guns; the BUYER must return to that SAME FFL to pick up the gun.

By law, the dealer fee for a PPT is just TEN DOLLARS; the buyer customarily pays that fee and DROS.

PPT requires all the same paperwork as a 'dealer sale' and, unless you are exempt, requires the 10-day wait.

Both parties must have CA ID

CA ID is a CA driver license or Identification Card.

Military ID, with "PCS" orders to CA, also works

BUYER must have REAL ID or supplemental documentation.

Seller merely needs CA ID

BUT see the sticky on Real ID, http://www.calguns.net/calgunforum/s....php?t=1629288

For handguns, PPT is exempt from the Roster

This is the most common way non-LE can get an off-Roster handgun

PPT is exempt from 1-handgun-in-30-days (with one big exception)

The exception is transactions at FFLs inside the City of Los Angeles.

The restriction is NOT on 'residents of LA', it's on transactions inside the city limits

CA resident "immediate family" need not PPT

If the transfer is parent/child or grandparent/grandchild - and NO OTHER RELATIONSHIP: brothers, cousins etc. are EXCLUDED - those two can use a non-FFL transfer called 'intrafamilial transfer'

BUYERS: number of PPT is unlimited

If you have the money, you can buy as often as you like (except, as noted, inside City of LA)

Yes, you may have several guns in their 10-day waits at the same time.

NEW PURCHASE LIMIT 2021 - see next post

SELLERS: Yes, there is a limit on how many guns you can sell, and how many transactions you can have

Penal code does not want you to be a 'dealer without a license'

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.

SELLERS Yes, LE may PPT their off-Roster guns to non-LE

And to other LE, too.

It can be much more complicated than that; see the sticky in the LE forum, http://www.calguns.net/calgunforum/s....php?t=1527456

SHIPPING: NO

As written, the Penal Code requires the parties to a PPT to use exactly one FFL.

Shipping is legal, but has consequences: the transaction is no longer a PPT, so
- the Roster would apply
- the dealer fee is whatever he wants to charge

[Librarian]

PURCHASE LIMIT as of July 1, 2021

As of July 1, 2021, new rule from SB-61

What applies here is PC 27535

ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 27590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )


27535.

(a) A person shall not make an application to purchase more than one handgun or semiautomatic centerfire rifle within any 30-day period. This subdivision does not authorize a person to make an application to purchase both a handgun and semiautomatic centerfire rifle within the same 30-day period.

(b) Subdivision (a) does not apply to any of the following:

(1) Any law enforcement agency.

(2) Any agency duly authorized to perform law enforcement duties.

(3) Any state or local correctional facility.

(4) Any private security company licensed to do business in California.

(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.

(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.

(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.

(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).

(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.

(10) The exchange of a handgun or semiautomatic centerfire rifle where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.

(11) The replacement of a handgun or semiautomatic centerfire rifle when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.

(12) The return of any handgun or semiautomatic centerfire rifle to its owner.

(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.

(c) This section shall become operative on July 1, 2021.
(Repealed (in Sec. 4) and added by Stats. 2019, Ch. 737, Sec. 5. (SB 61) Effective January 1, 2020. Section operative July 1, 2021, by its own provisions.)

ETA - this affects all purchases, not just PPT.

[Quiet]

I know a county probation officer who’s willing to sell an off roster handgun, can I legally purchase it via ppt? Or no?

If the County Probation Officer acquired the off-Roster handgun via LEO exemption [PC 32000(b)(6)(J)], then they can only PPT them to LEOs. [PC 32000(c)(1)]

If the County Probation Officer acquired the off-Roster handgun via other means (PPT, C&R, OTP, SAE, SSE2), then they can PPT them to any non-prohibited person.



Penal Code 32000
(a) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(b) This section shall not apply to any of the following:
(6) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities or sworn members of these entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training pursuant to Section 832:
(J) A county probation department.
(c)(1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.

[FightYouRightNow]

^^^
I remember seeing this on DOJ’s website recently and didn’t really know what to make of it. I even showed an FFL and they’d never seen it...seems like it has huge implications for LEO’s selling to non-LEO, which i thought was legal. How new is this? Part of the state’s crackdown on the issue?

Also, if LEO ppt’s to LEO, the buyer LEO doesn’t obtain the “unsafe handgun“ through roster exemption. So, could buyer LEO turn around and sell it to non-LEO?

[Quiet]

^^^
I remember seeing this on DOJ’s website recently and didn’t really know what to make of it. I even showed an FFL and they’d never seen it...seems like it has huge implications for LEO’s selling to non-LEO, which i thought was legal. How new is this? Part of the state’s crackdown on the issue?

Also, if LEO ppt’s to LEO, the buyer LEO doesn’t obtain the “unsafe handgun“ through roster exemption. So, could buyer LEO turn around and sell it to non-LEO?

In 2018, the CA legislature expanded who qualifies for the LEO exemption [PC 32000(b)(6)], but in doing so they added the restriction that they can not sell off-Roster handguns they acquired via the LEO exemption to non-exempt persons [PC 32000(c)(1)].



Penal Code 32000
(b) This section shall not apply to any of the following:
(6) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities or sworn members of these entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training pursuant to Section 832:
(A) The Department of Parks and Recreation.
(B) The Department of Alcoholic Beverage Control.
(C) The Division of Investigation of the Department of Consumer Affairs.
(D) The Department of Motor Vehicles.
(E) The Fraud Division of the Department of Insurance.
(F) The State Department of State Hospitals.
(G) The Department of Fish and Wildlife.
(H) The State Department of Developmental Services.
(I) The Department of Forestry and Fire Protection.
(J) A county probation department.
(K) The Los Angeles World Airports, as defined in Section 830.15.
(L) A K–12 public school district for use by a school police officer, as described in Section 830.32.
(M) A municipal water district for use by a park ranger, as described in Section 830.34.
(N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35.
(O) A county for use by the coroner or the deputy coroner, as described in Section 830.35.
(P) The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Section 830.36.
(Q) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following:
(i) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2.
(S) A California Community College police department, as described in Section 830.32.
(T) A harbor or port district or other entity employing peace officers described in subdivision (b) of Section 830.33, the San Diego Unified Port District Harbor Police, and the Harbor Department of the City of Los Angeles.
(c)(1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.

[FightYouRightNow]

[Yodaman]

In 2018, the CA legislature expanded who qualifies for the LEO exemption [PC 32000(b)(6)], but in doing so they added the restriction that they can not sell off-Roster handguns they acquired via the LEO exemption to non-exempt persons [PC 32000(c)(1)].



Penal Code 32000

[Librarian]

Just so I’m tracking.

Someone from let’s say, (S) couldn’t sell to someone who is not LE exempt correct?

Correct in one circumstance - the officer got the gun because s/he used the LE exemption to the Roster.

If that officer had received the gun via a PPT or intrafamilial transfer or inheritance, perfectly legal to transfer to non-LE, exactly as Quiet wrote -

If the County Probation Officer acquired the off-Roster handgun via LEO exemption [PC 32000(b)(6)(J)], then they can only PPT them to LEOs. [PC 32000(c)(1)]

If the County Probation Officer acquired the off-Roster handgun via other means (PPT, C&R, OTP, SAE, SSE2), then they can PPT them to any non-prohibited person.
...

But that's a LE question more than a PPT question - see the sticky in the LE forum http://www.calguns.net/calgunforum/s....php?t=1527456

[Yodaman]

Correct in one circumstance - the officer got the gun because s/he used the LE exemption to the Roster.

If that officer had received the gun via a PPT or intrafamilial transfer or inheritance, perfectly legal to transfer to non-LE, exactly as Quiet wrote -

But that's a LE question more than a PPT question - see the sticky in the LE forum http://www.calguns.net/calgunforum/s....php?t=1527456

Thanks Liberian!


Sent from my iPhone using Tapatalk

[NERV]

I read the FAQ, the thread, and other sources regarding the firearm safety certificate (FSC) but I could not find a clear answer on this: as a PPT seller, am I required to have a FSC for the sale / transfer of a handgun? Or is it only necessary for the buyer?

[Librarian]

I read the FAQ, the thread, and other sources regarding the firearm safety certificate (FSC) but I could not find a clear answer on this: as a PPT seller, am I required to have a FSC for the sale / transfer of a handgun? Or is it only necessary for the buyer?

Only needed for the buyer.

If the transfer might be rejected, the FFL would want to re-DROS the gun to the seller, and in that circumstance the seller would need the FSC.

[williamsld8]

So I hope I'm understanding this, but I want to make sure I'm completely clear, because I've been reading different CA codes for a couple hours trying to figure out the answer.

PPT regulations apply to PPT transfers, where a buyer and seller meet at one FFL to make the transaction. Got it.

PPT Seller is limited to 5 transactions per year. Got it.

If there is shipping between FFLs, like shipping from my FFL to the buyers FFL, whether the buyer is in CA or not, whether the FFLs are 2 miles apart or 2,000 miles apart, it's no longer a PPT transfer. Is that right?

If that IS the case, then the restriction of 5 PPT sales per year no longer applies to the seller once more than one FFL is involved. Is that also right?

Trying to figure out how to sell/trade a rifle I have but I've already made 5 PPT sales transactions in CA this year.

[Librarian]

So I hope I'm understanding this, but I want to make sure I'm completely clear, because I've been reading different CA codes for a couple hours trying to figure out the answer.

PPT regulations apply to PPT transfers, where a buyer and seller meet at one FFL to make the transaction. Got it.

PPT Seller is limited to 5 transactions per year. Got it.

If there is shipping between FFLs, like shipping from my FFL to the buyers FFL, whether the buyer is in CA or not, whether the FFLs are 2 miles apart or 2,000 miles apart, it's no longer a PPT transfer. Is that right?

If that IS the case, then the restriction of 5 PPT sales per year no longer applies to the seller once more than one FFL is involved. Is that also right?

Trying to figure out how to sell/trade a rifle I have but I've already made 5 PPT sales transactions in CA this year.

Shipping the gun makes the transaction not a PPT, as you say.

But the restriction on number of sales is not limited to the special conditions of PC 28050 - the restriction applies to all private sellers/sales via PC 16730, quoted in the first post.

I would therefore suggest that, if you have had 5 transactions in 2020, it would be wise to defer any more sales until 2021.

[williamsld8]

I was hoping I had found the light at the end of the tunnel, but I guess that tunnel is still 2.5 months long. Thank you for the info, Librarian. You're guidance is priceless.

[Quiet]

Question, If the intrafamilial transfer is a handgun, for CYA purposes, CFARS it to show ownership ?

Since 01-01-1993, CA laws required handguns that are transferred between immediate family members to be reported to CA DOJ BOF within 30 days of the transfer.

Starting 01-01-2014, CA laws requires all firearms that are transferred between immediate family members to be reported to CA DOJ BOF within 30 days of the transfer.

Failure to report is a misdemeanor and it is considered a continuing offense (statue of limitations starts when they discovered it wasn't reported, not when the transfer occurs or when the reporting window ends.). That said, CA DOJ BOF is currently allowing reporting after the 30 day window without any penalty.

This reporting requirement can be done by:

Option A.
Mailing in a completed Report of Operation of Law or Intra-Familial Firearm Transaction to CA DOJ BOF.

Option B.
Going online to CFARS, accessing CRIS, and submitting a Report of Intra-Familial Firearm Transaction online.