PPT Limit & Consignments

[Mike512usa]

Based on? Is there an actual statute and penalties assigned to it?

I'm not going to do it, I am leaving this wretched state and won't have to play in the kiddie pool anymore... but I am just wondering the same as sheepdawg:



This.

Based on the fact that this is California and any gun violation is going to get the full measure. I didn't tell you what to do. You seemed to be asking for advice so I gave it. By the way, congrats on leaving California. Cali sucks and is only getting worse.

[sheepdawg]

Several. Two were LEOs abusing their off roster status. That prompted the change to the law. One was an LT ( I recall) from Pasadena PD. The other was a LEO for an alphabet agency out of Santa Fe Springs, I recall. Both raids where covered here on Calguns and local media and included ATF.

https://www.justice.gov/usao-cdca/pr...censed-selling and https://www.justice.gov/usao-cdca/pr...federal-prison

[vino68]

https://www.justice.gov/usao-cdca/pr...censed-selling and https://www.justice.gov/usao-cdca/pr...federal-prison

You are correct. Wei Xu was the one I saw live on the news as they rolled out a cannon from his garage.

[????? ????]

Based on? Is there an actual statute and penalties assigned to it?

Under Californian law, the theoretical crime is selling firearms without a license, which is a misdemeanor punishable by a maximum of up to 6 months in jail.

Under Penal Code section 26500:

(a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(b) Any person violating this article is guilty of a misdemeanor.

However, under Penal Code section 26520, people engaged in the infrequent sale of firearms don't need a license:
Notice that it doesn't distinguish between types of transactions, whether it be sales, leases, or transfers, so I take that that means any types of transactions, whether it be PPT or consignment should be less than six. As for what is considered a single transaction, I would assume one DROS = one transaction.

The federal crime would be 18 USC 922(a)(1), which by the way, was what Lt. Gourdikian and Agent Xue were convicted of.

18 USC 922(a)(1) says:
Under 18 USC 924, it's a felony offense, but it should be emphasized that 18 USC 922(a)(1) is meant to punish the unlicensed dealing in firearms, and that you don't see people engaged in dealer-less PPTs in other states being charged in federal court. Also, federal prosecutors are rarely concerned about petty stuff that doesn't involve drugs or immigration, though who knows what direction a change in Administration would cause.

[ACfixer]

Based on the fact that this is California and any gun violation is going to get the full measure. I didn't tell you what to do. You seemed to be asking for advice so I gave it. By the way, congrats on leaving California. Cali sucks and is only getting worse.

I didn't mean to imply that you did Mike, my apologies if it came off that way. And thank you, but I am not going to lie, it's tough to pack up and leave even though I know it is the right thing to do.

Under Californian law, the theoretical crime is selling firearms without a license, which is a misdemeanor punishable by a maximum of up to 6 months in jail.

Under Penal Code section 26500:

(a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(b) Any person violating this article is guilty of a misdemeanor.

However, under Penal Code section 26520, people engaged in the infrequent sale of firearms don't need a license:
Notice that it doesn't distinguish between types of transactions, whether it be sales, leases, or transfers, so I take that that means any types of transactions, whether it be PPT or consignment should be less than six. As for what is considered a single transaction, I would assume one DROS = one transaction.

Thank you. I wonder if anyone has ever actually been charged for selling one or two over the limit? I'm not going to test the waters, but I do know someone that might want to... but it appears the limit applies only to handguns so I think in his case he'd be ok.

[sheepdawg]

Thank you. I wonder if anyone has ever actually been charged for selling one or two over the limit? I'm not going to test the waters, but I do know someone that might want to... but it appears the limit applies only to handguns so I think in his case he'd be ok.

I think the law changed this year so it’s five PPT transactions of any kind of firearm. Before it said that five or less handgun transactions and for long guns, as long as it was irregular. But then the law changed to five or less transactions of any kind of firearm, and less than a total of 50 firearms.

And I’m still waiting to hear anyone being prosecuted under Californian law for this.

[edgerly779]

aren't consignment sasmeas pawn cannot be delivered to buyer for 30 days.

[sheepdawg]

aren't consignment sasmeas pawn cannot be delivered to buyer for 30 days.