General PPT Questions

[CH-47]

Over the last 8 months or so I bought and sold a few guns through Calguns and the PPT process.
I would like to do one more but can't recall if I'm over or under the limit for the year. Input for the following questions would be greatly appreciated:
Is 5 transfers per year a real number or is that a recommended "not to exceed" number?
Is there a quick way I can check myself (like calling the DOJ)?
If 5 per year is a real number, is that a calendar year. If I did 5 transfers in November, can I do 5 more in January?

And yes.......I know, if I spend an hour reading everything on the DOJ website I can probably find the answer but this is more fun!

[Garbcollector]

From what I understand it's no more than 5 per year. But I'm sure someone with more knowledge will chime in soon

[CheapBloke]

I did 6 last year. And then started as soon as jan hit, and hit 5 this year, and created a thread asking the same question about the limit. And now im a bit paranoid whether to try for a 6th or just wait til jan hits.

Sent from my SM-N960U using Tapatalk

[????? ????]

Penal Code section 25600 is the general rule that only licensed gun dealers may sell firearms. Penal Code section 25620 is an exception to the general rule that a license is not needed if firearm sales are "infrequent."

"Infrequent" is defined under Penal Code section 16730. It says:

(a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, “infrequent” means both of the following are true:

(1) The person conducts less than six transactions per calendar year.

(2) The person sells, leases, or transfers no more than 50 total firearms per calendar year.

(b) As used in this section, “transaction” means a single sale, lease, or transfer of any number of firearms.

So all of the above means, you can sell firearms in up to five Private Party Transactions from January 1 to December 31. Each transaction can have multiple firearms, but the total number of firearms that can be sold from January 1 to December 31 is 50.

To exceed either of the limits above is selling without a license, which is a misdemeanor. However, this seems to be a crime that is very rarely prosecuted unless you're a law enforcement officer who is flipping triple-digit number of firearms, and if you are are a law enforcement officer who is flipping tons of off-rosters, it's a pretty good bet you'll be brought up on federal felony charges instead.

[ChampCarStar]

Over the last 8 months or so I bought and sold a few guns through Calguns and the PPT process.
I would like to do one more but can't recall if I'm over or under the limit for the year. Input for the following questions would be greatly appreciated:
Is 5 transfers per year a real number or is that a recommended "not to exceed" number?
Is there a quick way I can check myself (like calling the DOJ)?
If 5 per year is a real number, is that a calendar year. If I did 5 transfers in November, can I do 5 more in January?

And yes.......I know, if I spend an hour reading everything on the DOJ website I can probably find the answer but this is more fun!

Per the current law, it is sales via PPT that has a limit. As the seller, you cannot sell more than the law allows without being licensed.

You can buy as many guns as you want via PPT, no limit. I have exceeded that many times.

[L.A. Saiga]

OP,

No more than 5 SALES PPT transactions ( in which you sell guns to someone via PPT) per calendar year.
*You can sell multiple guns per PPT transaction , but you may only perform 5 PPT transactions (SELLING) per year without a license.

You can do unlimited # of PPT transactions (BUYING) per year...it's the PPT transaction of SELLING that youre limited to 5 transactions (Each sales transaction can be multiple guns).


You need a license to sell guns.
We are allowed to sell from our collection without a license but it should be occasionally without regularity.


--this is my interpretation

cheers
good luck

[????? ????]

General PPT Questions

That's not how I read this. It specifically says "Infrequent" means if both of the following are true (1)..., (2)...'

Correct me if I'm wrong.

[L.A. Saiga]

Please quote where is says that in the law.

no thanks



Good luck, OP

Most folk here will tell you to stick to 5 or less SALES PPT transactions per year and you'll be fine

[TheGood]

OK, I re-read it. I'll delete my prior post. It's a due to the double-negative. It should say "frequent means one of the following is true", but they are defining 'infrequent' not 'frequent'.

[dw.watts]

Appreciate you posting this. Thank you.

Penal Code section 25600 is the general rule that only licensed gun dealers may sell firearms. Penal Code section 25620 is an exception to the general rule that a license is not needed if firearm sales are "infrequent."

"Infrequent" is defined under Penal Code section 16730. It says:

(1) The person conducts less than six transactions per calendar year.

(2) The person sells, leases, or transfers no more than 50 total firearms per calendar year.

So all of the above means, you can sell firearms in up to five Private Party Transactions from January 1 to December 31. Each transaction can have multiple firearms, but the total number of firearms that can be sold from January 1 to December 31 is 50.

To exceed either of the limits above is selling without a license, which is a misdemeanor. However, this seems to be a crime that is very rarely prosecuted unless you're a law enforcement officer who is flipping triple-digit number of firearms, and if you are are a law enforcement officer who is flipping tons of off-rosters, it's a pretty good bet you'll be brought up on federal felony charges instead.

[Librarian]

OP,

No more than 5 SALES PPT transactions ( in which you sell guns to someone via PPT) per calendar year.
*You can sell multiple guns per PPT transaction , but you may only perform 5 PPT transactions (SELLING) per year without a license.

You can do unlimited # of PPT transactions (BUYING) per year...it's the PPT transaction of SELLING that youre limited to 5 transactions (Each sales transaction can be multiple guns).


You need a license to sell guns.
We are allowed to sell from our collection without a license but it should be occasionally without regularity.


--this is my interpretation

cheers
good luck

Don't emphasize 'selling' - it's any transfer, including trades - any arrangement where you have a gun and, through some operation, you no longer have it, and another person does have it, is a 'transfer'.

[L.A. Saiga]

Don't emphasize 'selling' - it's any transfer, including trades - any arrangement where you have a gun and, through some operation, you no longer have it, and another person does have it, is a 'transfer'.

Thank you

[stillwater562]

Don't emphasize 'selling' - it's any transfer, including trades - any arrangement where you have a gun and, through some operation, you no longer have it, and another person does have it, is a 'transfer'.

wasn't there a caveat? Like if you're in a financial hardship you're allowed to sell/transfer more than the limit. I don't think they could convict you if you're really needing money and you sell your own property. but with this Gov. who knows, just my thoughts...

[Librarian]

wasn't there a caveat? Like if you're in a financial hardship you're allowed to sell/transfer more than the limit. I don't think they could convict you if you're really needing money and you sell your own property. but with this Gov. who knows, just my thoughts...

Nothing is in writing to provide a 'recognized' loophole. That said, so far the anecdotes do not indicate heavy enforcement against 'normal people'. But that could change at any time, so counting on lax enforcement is, IMVHO, not wise.