PPT as Seller

[cz74]

Sorry please link to previous thread if this was asked before. In addition to my own ID, do I need to bring my original DROS receipt? At what point can I shred my original DROS paperwork? After the buy picks up after 10 days and his/her DROS released/approved? Thanks!

[QuinnBayArea]

All you need is Valid CA ID or DL. I would keep the DROS showing you PPT'd the weapon to whomever as long as you live in CA. Never know when DOJ will come a knocking wanting to know where the weapon is.

[Librarian]

All you need is Valid CA ID or DL. I would keep the DROS showing you PPT'd the weapon to whomever as long as you live in CA. Never know when DOJ will come a knocking wanting to know where the weapon is.

This.

As QuinnBayArea says, as a seller, all you need is valid CA ID.

[naz]

Some FFL have additional requirements.

I was told if buyer fails dros, dealer is required to do dros before returning gun to seller, so that FFL wanted seller to provide other docs up front, just in case buyer fails dros

[morrcarr67]

Some FFL have additional requirements.

I was told if buyer fails dros, dealer is required to do dros before returning gun to seller, so that FFL wanted seller to provide other docs up front, just in case buyer fails dros

I'd find a different FFL.

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[Yodaman]

Some FFL have additional requirements.

I was told if buyer fails dros, dealer is required to do dros before returning gun to seller, so that FFL wanted seller to provide other docs up front, just in case buyer fails dros

That's ridicules. It's a "Return to owner" at that point and no DROS is needed.


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[Yodaman]

I'd find a different FFL.

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This [emoji1369]


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[edgerly779]

I had a buyer denied at island view and they asked me to come back and pickup. I drove back and signed release and brought shotgun home no dros.

[steel30]

I experienced a buyer who failed DROS and I had to Re DROS to get the gun back...

[Quiet]

Penal Code 28050
(a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Sections 26700 to 26915, inclusive, in accordance with this chapter in order to comply with Section 27545.
(b) The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm.
(c) The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with Section 27540.
(d) If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 26815 and 27540, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of Section 27500, 27505, 27515, 27520, 27525, 27530, or 27535. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.

Penal Code 28060
The Attorney General shall adopt regulations under this chapter to do all of the following:
(a) Allow the seller or transferor or the person loaning the firearm, and the purchaser or transferee or the person being loaned the firearm, to complete a sale, loan, or transfer through a dealer, and to allow those persons and the dealer to preserve the confidentiality of those records and to comply with the requirements of this chapter and all of the following:
(1) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(2) Article 1 (commencing with Section 27500) of Chapter 4.
(3) Article 2 (commencing with Section 28150) of Chapter 6.
(4) Article 3 (commencing with Section 28200) of Chapter 6.
(b) Record sufficient information for purposes of Section 11106 in the instance where a firearm is returned to a personal firearm importer because a sale or transfer of that firearm by the personal firearm importer could not be completed.
(c) Ensure that the register or record of electronic transfer shall state all of the following:
(1) The name and address of the seller or transferor of the firearm or the person loaning the firearm.
(2) Whether or not the person is a personal firearm importer.
(3) Any other information required by Article 2 (commencing with Section 28150) of Chapter 6.

[divingin]

My take (no legal bearing here):

PPT starts, plan is to transfer ownership from Person A to person B. FFL holds the firearm (ownership does not transfer from original owner to FFL.)
If everything goes right, Background check clears, ownership changes from person A to person B, and DROS is completed.

If person B is denied, there has been no transfer of ownership, so no DROS is required (no sale, no Dealer Record of Sale.) Gun goes back to person A (perhaps with a receipt showing they took possession, but no DROS.)

[high_revs]

looks like ca doj also leaves it to the ffl to require REAL id too?

https://oag.ca.gov/news/press-releases/california-department-justice-issues-consumer-alert-use-“federal-limits-apply”

[SharedShots]

My take (no legal bearing here):

PPT starts, plan is to transfer ownership from Person A to person B. FFL holds the firearm (ownership does not transfer from original owner to FFL.)
If everything goes right, Background check clears, ownership changes from person A to person B, and DROS is completed.

If person B is denied, there has been no transfer of ownership, so no DROS is required (no sale, no Dealer Record of Sale.) Gun goes back to person A (perhaps with a receipt showing they took possession, but no DROS.)

If the buyer gave the seller the money but there is no sale until the DROS clears then how can there be a refund? Who would enforce a return of the money? I doubt DOJ would get involved and then it could become a mess if seller declined to return the money.

Seems you better have a valid receipt saying you paid for the gun, say a bill of sale which like selling/buying a vehicle doesn't change ownership until the DMV issues a new title.

It would seem the "sale" and DROS are two different things and one can happen with out the other. If the Dros fails then the sale is refunded.

True or not true? Not asking for a friend- just curious.

[sfe187]

2A does not need no BOS bs.

If DROS failed, buyer needs to compensate my time to deal with it. Not my problem if you can't pass DROS. Anyone can pre-qualify before hand to see if you can pass DROS or not.

[hermosabeach]

Time

My take (no legal bearing here):

PPT starts, plan is to transfer ownership from Person A to person B. FFL holds the firearm (ownership does not transfer from original owner to FFL.)
If everything goes right, Background check clears, ownership changes from person A to person B, and DROS is completed.

If person B is denied, there has been no transfer of ownership, so no DROS is required (no sale, no Dealer Record of Sale.) Gun goes back to person A (perhaps with a receipt showing they took possession, but no DROS.)

The law was posted above. With in a window - return. To seller

After that window - must re dros to seller.


Many who sell PPt have buyer agreee to a 25% or more re stock fee if the buyer fails DROS


Some buyers forgot about old issues.
Police departments are uploading old paper files all the time.
Sometimes part of an old issue is digitized and you appear to be prohibitive