Selling a 1955 Tokerev Legality

[Scar13]

Hopefully someone can answer this question for me. I am a 03 holder and have a couple of Tokerevs, one of which I would like to sell to a friend. He does not have a 03. What is the process of such a transaction?

[Armistice]

Person to Person transfer through an 01 (any gun store). He'll have tonwait the 10 days

[Scar13]

Ok, and no issues with him getting this off rooster gun and no ffl03? And legal for me to sell this pistol that I obtained with my FFL 03?

[HibikiR]

There is a rule about not generating a significant amount of income from C&R sales of the stuff you bought with your FFL 03, but this shouldn't raise any flags.

I think the ATF watches for frequency and income when it comes to sales. I don't know anything about specific values though.

[Armistice]

Oh, off roster. Ehh, best wait for someone else to chime in. Not sure how off roster C&R stuff goes

You can sell it though

HibikiR- You can't buy and turn around and sell, but if you are selling off stuff you've had, and value has increased, then no biggie if you get a huge profit on it. I don't think there's any rule that says you can only get so much back

[Capybara]

C&R handguns are exempt from roster requirements.

[SanPedroShooter]

C&R is roster exempt.

Beat me to it.

Just make sure you can prove its 50+ years or on the list

[billybob_jcv]

Oh, off roster. Ehh, best wait for someone else to chime in. Not sure how off roster C&R stuff goes

You can sell it though

HibikiR- You can't buy and turn around and sell, but if you are selling off stuff you've had, and value has increased, then no biggie if you get a huge profit on it. I don't think there's any rule that says you can only get so much back

Huh? C&R is exempt from the roster.

Effective January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.

[TRICKSTER]

There is a rule about not generating a significant amount of income from C&R sales of the stuff you bought with your FFL 03, but this shouldn't raise any flags.

I think the ATF watches for frequency and income when it comes to sales. I don't know anything about specific values though.

The rule is that you can't buy and sell as a business. ATF has no way of knowing how much you buy or sell a firearm for and there is no requirement for you to keep such a record.

[Armistice]

Thank you. I'm sure I heard that, but forgot. I'll try to remember it now, lol. I don't deal with handguns :P

[HibikiR]

I know, the law says that FFL 03 doesn't allow you to be a dealer. What constitutes dealer activity is the mystery.

[SanPedroShooter]

Its the difference between operating a business for profit and buying and selling to enhance a collection.

You can make a profit, you just cant be in business. I have the bought and sold numbers in my book on pieces of tape for my reference. I can pull them off in case of inspection since they aren't really anyone's business and im not required to keep them.

The ATF will let you know if they decide you crossed the line....

Makes you think about the number of gun laws that are near unenforceable without some very obvious or very stupid lawbreakers.

[OniKoroshi]

PPT is roster exempt so its irrelevant if its C&R (assuming friend is a CA resident).