Limit on firearm sales in CA

[progray45]

I currently have a few fire arms that I would need to sell, however year-to-date I have sold four firearms. What I have come to learn is that California limits the number of guns an individual could sell to five (5) during one year before considering that individual as an unlicensed dealer.

I have asked this question from several different sources including various individuals at local gun stores, but seems like everyone has a different answer or interpretation.

I have contacted the DOJ to clarify this, however I was not able to speak with anyone and was only able to leave a voicemail which I have not received a response to.

Looking for any information or sources that would help clarify.

Thank you!

[SkyHawk]

Five handgun transactions per calendar year, multiple handguns can be sold in a single transaction presumably to a single buyer and it counts as one transaction.

Long guns sales are not limited by number but are supposed to be 'occasional and without regularity.'

If you have to liquidate for financial hardship, I have heard they may let you do more sales. There are also exemptions for someone who inherits a bunch of guns and wants to sell them, someone who get convicted and becomes prohibited, to satisfy a court judgement, etc.

I have never heard of anyone being charged for selling a few extra, but YMMV and following the law is always the safest play.

Here is the penal code:

PC26520

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=26520.&lawCode=PEN

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.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

PC16730
http://leginfo.legislature.ca.gov/fa...ctionNum=16730.

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.
(b) As used in Section 27900, the term “infrequent” shall not be construed to prohibit different local chapters of the same nonprofit corporation from conducting auctions or similar events, provided the individual local chapter conducts the auctions or similar events infrequently. It is the intent of the Legislature that different local chapters, representing different localities, be entitled to invoke the exemption created by Section 27900, notwithstanding the frequency with which other chapters of the same nonprofit corporation may conduct auctions or similar events.
(c) As used in this section, “transaction” means a single sale, lease, or transfer of any number of handguns.

[claylakers]

My understanding is that you're limited to less than 6 handgun transactions (see 5). Multiple handguns on the same transfer only count once though, which is how people are able to sell large collections....so sounds like you'll need to make your next sale this year a group if I understand the current restrictions correctly (which I may not). Good luck

[claylakers]

Skyhawk obviously beat me to it and is more well informed. Good info

[geoint]

Just saved this thread. Thanks guys

[Killer Bee]

I currently have a few fire arms that I would need to sell, however year-to-date I have sold four firearms. What I have come to learn is that California limits the number of guns an individual could sell to five (5) during one year before considering that individual as an unlicensed dealer.

I have asked this question from several different sources including various individuals at local gun stores, but seems like everyone has a different answer or interpretation.

I have contacted the DOJ to clarify this, however I was not able to speak with anyone and was only able to leave a voicemail which I have not received a response to.

Looking for any information or sources that would help clarify.

Thank you!

I'm the furthest thing from a lawyer but I'll throw you a little tidbit to consider..

so long as you're not buying and selling, buying and selling, etc., I doubt you'll bring any unwanted attention to yourself..

I believe these codes were written to prevent illegitimate dealing, not to prohibit individuals from selling guns when they need to..

they're also probably intended to help prevent roster exempt folks from pumping large volumes of off roster guns to non exempt buyers, etc.

if you can easily explain why you're selling the quantity you intend to without incriminating yourself as dealing without a license, I wouldn't sweat it..

but that's my opinion not advice.. I am married to a detective and don't wear a lot of tinfoil so I tend not to feel like they're all out to get me..

good luck with your sales!

[progray45]

Thank you all!

[HPGunner]

Sorry to bring up this old thread.
I just sold my sixth handgun of the year and I have another lined up for next week. I'm selling to fund renovations to the house. Would everyone suggest I hold off selling the 7th one? Any recommendations or insight would be much appreciated.

[Barbarosa]

Did you lump any of the sales into one? It is 5 transactions, not 5 guns.

[M1NM]

Sorry to bring up this old thread.
I just sold my sixth handgun of the year and I have another lined up for next week. I'm selling to fund renovations to the house. Would everyone suggest I hold off selling the 7th one? Any recommendations or insight would be much appreciated.

I hadn't heard of the law until I had done my 6th transaction. I didn't worry about it too much as I had owned each of the guns for 20+ years and it was not a regular occurance that I sold guns. As with all laws there is the letter of the law and the spirit of the law. The letter of the law is to deny a person the ability to engage in the act of selling handguns in a frequent manner making him a dealer. The infrequent sales clause seems to let joe average off the hook when he has to sell guns to meet personal financial needs. I mean if you needed to sell guns or go bankrupt you'd end up having to sell them anyway to pay off your debts. Round and round catch 22 welcome to the Penal Code of CA.

[Ubermcoupe]

Sorry to bring up this old thread.
I just sold my sixth handgun of the year and I have another lined up for next week. I'm selling to fund renovations to the house. Would everyone suggest I hold off selling the 7th one? Any recommendations or insight would be much appreciated.

Bingo. If anyone comes knocking, that's all the reason you'll need.
Family (and the roof over their heads) is a no-brainer.

Just don't make it a habit.

[HPGunner]

Great thanks. These were individual transactions. Three were from earlier this year. And the other three were recent to help pay for renovations. That's it, after this last sale, I will find other ways to raise or save cash.

[sa champion]

Does buying count?
I've sold two, bought two and one was a trade so that's another bought & sold

would that count as six transaction?

have another trade planned next week.

[71MUSTY]

California passed a law which said if you sold over 5 cars a year you became a used car dealer and were subject to getting a Dealers License, paying tax on the sales etc.

The purpose of this law was to cut down on people flipping used cars for a profit and not paying taxes.

Then some clueless politician decided to regulate guns.

So he replaced cars with guns and wrote a new gun law that made absolutely no sense to anyone.

Well there you have it.

[hunterb]

I'm the furthest thing from a lawyer but I'll throw you a little tidbit to consider..

so long as you're not buying and selling, buying and selling, etc., I doubt you'll bring any unwanted attention to yourself..

I believe these codes were written to prevent illegitimate dealing, not to prohibit individuals from selling guns when they need to..

they're also probably intended to help prevent roster exempt folks from pumping large volumes of off roster guns to non exempt buyers, etc.

if you can easily explain why you're selling the quantity you intend to without incriminating yourself as dealing without a license, I wouldn't sweat it..

but that's my opinion not advice.. I am married to a detective and don't wear a lot of tinfoil so I tend not to feel like they're all out to get me..

good luck with your sales!

THIS.

I know lots and lots and lots of people that have sold more than 5 handguns in a year. Only one out of the many was contacted by DOJ, he had sold about 20 pistols. He said it was a one time sale due to inheritance, they said fine, NOTHING EVER CAME OF IT.


Don't LIVE IN FEAR. Sell your property as you need. The chicken littles will always claim that the sky is falling. IF any of the chicken littles can cite a single court conviction for this, I'm all ears...