Under 21 Private Sale

[Anschiss]

My giftgiver would prefer I pick a handgun. I dig classic Makarovs and Walthers so I will be scouring the marketplace here and GunBroker but more pertaining to the topic title: I have read the new handgun thread, CA DoJ, gun laws in CA wiki article, and several other sources. I have two questions.

1. My understanding is an FFL dealer cannot sell to a person < 21 but can honor PPT as long as the buyer (me) is > 18. Am I correct here or would my parents need to purchase & gift?

2. Is the Handgun Safety Certificate required for private sale PPT? I could not get a clear understanding from what I've been reading.

Thanks guys!

[ke6guj]

1. My understanding is an FFL dealer cannot sell to a person < 21 but can honor PPT as long as the buyer (me) is > 18. Am I correct here or would my parents need to purchase & gift?

that would be incorrect. a federally licensed FFL cannot transfer a handgun to you if you are under 21. it doesn't matter if it is a PPT.

2. Is the Handgun Safety Certificate required for private sale PPT? I could not get a clear understanding from what I've been reading.

Thanks guys!

yes, you have to have a HSC to receive a handgun, even in a PPT.

[Anschiss]

Thank you very much for your response. I will delight my mother with the news she would have to handle this!

[dachan]

that would be incorrect. a federally licensed FFL cannot transfer a handgun to you if you are under 21. it doesn't matter if it is a PPT.


yes, you have to have a HSC to receive a handgun, even in a PPT.

If you and your mom are both CA residents, you do not need to involve a FFL, i.e., perform a PPT, so the first question becomes moot. If you and your mom are both CA residents, you are over 18yrs old and possess a HSC, she can directly gift a handgun to you. You then must report the transfer to the DOJ within 30days with the OpLaw form. If you and and your mom are not both CA residents, then a FFL must be involved per federal law as it involves an interstate transfer of a firearm. In that case, you are SOL.

PC12078(c)(2) Subdivision (d) of Section 12072 shall not
apply to the infrequent transfer of a handgun by gift,
bequest, intestate succession, or other means by one
individual to another if both individuals are members of
the same immediate family and both of the following
conditions are met:
(A) The person to whom the firearm is
transferred shall, within 30 days of taking possession of
the firearm, forward by prepaid mail or deliver in
person to the Department of Justice, a report that
includes information concerning the individual taking
possession of the firearm, how title was obtained and
from whom, and a description of the firearm in
question. The report forms that individuals complete
pursuant to this paragraph shall be provided to them by
the Department of Justice.
(B) The person taking title to the firearm shall
first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18
years of age or older.