PPT Seller limit

[shadowsweeper]

I know there is a transaction limit of 5 (less than 6 per penal code) below:

(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.

My question is this: If 1 of those transactions was "cancelled" due to the buyer not picking up within 30 days and then redrossing again, does that 1 "cancelled" transaction count towards the 5?

I have already done 5 transactions as a seller this year and 2 were due to the "cancellation" and redrossing.

I would like to do 1 more transaction this year as opposed to waiting 5 more months

[caliguy93]

A failed transaction is still a transaction nonetheless.

I’d say you could still do the next transfer as I think the total number of convictions or charges for accidentally violating this statute are at 0

[shadowsweeper]

One FFL I had a discussion with said he's known of people getting arrested going over 5 transactions which is why he asks sellers how many they have done. He did say that a cancelled transaction doesnt count towards the 5.

I think it depends on if the DOJ has you on a list that they are waiting for you to do something.

[TurboChrisB]

[sfe187]

Yeah I sometime wonder about subject as well. Posts in the past have mentioned selling more than 5 and nobody cares, but when op mentioned some ffl saying they have known people getting arrested, I wonder what is the real deal.

Any members here actually have been arrested or investigated of selling over 5 per year?

[TurboChrisB]

[Erion929]

[aaron1984]

I sold 7 this year alone, no issues.

[shadowsweeper]

Were those 7 transaction or multiple guns in 1 transaction? And they were pistols only?

[caliguy93]

One FFL I had a discussion with said he's known of people getting arrested going over 5 transactions which is why he asks sellers how many they have done. He did say that a cancelled transaction doesnt count towards the 5.

I think it depends on if the DOJ has you on a list that they are waiting for you to do something.

this is likely FUD.

the rule is when someone attempts to purchase a handgun and gets denied, they may not attempt to purchase another until the 30 days has passed. so for at least the 1 in 30 handgun rule, a canceled or failed transaction is still a transaction and is still subject to the 1 in 30 rule.

I see no difference in applying the same analysis to a canceled/denial to consider a transaction as a transaction regardless of the disposition.

[TKM]

Time for a Curio and Relics 03 FFL.

[M1NM]

There is something in there about occasional sales - as long as you don't exceed 5 year after year you should be OK. The state would play he** trying to get a conviction because you had to sell your gun collection to pay your grandmas medical bills.

[caliguy93]

There is something in there about occasional sales - as long as you don't exceed 5 year after year you should be OK. The state would play he** trying to get a conviction because you had to sell your gun collection to pay your grandmas medical bills.

theres also an exemption for someone completely liquidating their collection.

[I Swan]

It seems to be low priority and not enforced often I've only ever seen someone have a problem a few times and in those cases it was the ATF I believe. I like to think DOJ also uses common sense if they see the type guns being sold and how long you previously owned them before sale they may take that in to account?

For instance buying a gun and immediately selling it multiple times may raise red flags? But selling a gun you had DROSed 10 years before not so much? Or maybe a ratio of how much you sell as opposed to buy? I buy way more than I sell. I do sell to upgrade as many collectors do.

My only concern is I have dumped a lot of guns recently due to an impending move out of state within a year so hopefully if I do get contacted they will understand and accept that. I still am buying so that is a concern. Just want to leave some guns here and also less to move.

[Two Nuggets]

I sold 8-9 a couple years ago. No black helicopters or jack booted thugs.