Would this be legal?

[Saigon1965]

Would this be another way to do it? Please elaborate -

http://www.calguns.net/calgunforum/showthread.php?t=368589&highlight=professional

You can always "grandfather" in a rifle also since they are not registered to anyone in CA.

[Hopalong]

Yes, what you want to do is perfectly legal. I've done it myself for a couple different customers. One was two cop buddies, and one had a morning swift and one had a night shift or something, and there just was no way they would both be able to get to the dealer at the same time. So the seller just shipped us the gun with his ID.

It's treated as a regular dealer transfer, and not a PPT obviously, and the FFL can charge what they choose. You can mail the gun in, drop it off, whatever. Doesn't matter.

Again, legal.

I'm curious, and I don't get it. Why is this a dealer transfer and not a PPT?
What's the difference between what I did with the consignment, except for the amount of time? (I just dropped off a gun with ID etc), and some guy came in later and bought it.) If my gun was on the roster, would my deal have been a dealer transfer, and subject to more fees besides the consignment percentage?
Two, wouldn't the PPT be cheaper, since it's a known fee?
And three, doesn't the buyer pay all these fees anyway?
Geez, this is confusing, is all this weirdness because of the roster, or do other states operate this way as well?

[CHS]

I'm curious, and I don't get it. Why is this a dealer transfer and not a PPT?

A PPT in California ONLY exists when both buyer and seller show up to the dealer at the same time to transfer the firearm.

If both parties are not present at the same time, then it's treated no different than a dealer transfer.

What's the difference between what I did with the consignment, except for the amount of time? (I just dropped off a gun with ID etc), and some guy came in later and bought it.) If my gun was on the roster, would my deal have been a dealer transfer, and subject to more fees besides the consignment percentage?

Consignments are treated specifically according to the law as well. I don't know what the fees allowed are going to be for a consignment gun.

Two, wouldn't the PPT be cheaper, since it's a known fee?
And three, doesn't the buyer pay all these fees anyway?

PPT is cheapest.
Buyer usually pays all fees.

Geez, this is confusing, is all this weirdness because of the roster, or do other states operate this way as well?

Roster has nothing to do with it.

The OP is saying that he wants to sell a gun to someone, but their schedules make it impossible to both come into the dealer at the same time for a PPT. He just wants to know if there's something weird in the PC that would prevent him from dropping off the gun at a dealer for the dealer to transfer to the buyer at a later time/date.

And no there isn't. It's legal.

[Hopalong]

A PPT in California ONLY exists when both buyer and seller show up to the dealer at the same time to transfer the firearm.

If both parties are not present at the same time, then it's treated no different from a dealer transfer.



Consignments are treated specifically according to the law as well. I don't know what the fees allowed are going to be for a consignment gun.



PPT is cheapest.
Buyer usually pays all fees.



Roster has nothing to do with it.

The OP is saying that he wants to sell a gun to someone, but their schedules make it impossible to both come into the dealer at the same time for a PPT. He just wants to know if there's something weird in the PC that would prevent him from dropping off the gun at a dealer for the dealer to transfer to the buyer at a later time/date.

And no there isn't. It's legal.

I just sold a non roster gun on consignment. It was considered a PPT, at least that's what they told me. I did not show up at the same time as the buyer. I never met the buyer. The buyer paid the PPT fee.
I got my money, the buyer got his gun.
So, either there is an exception for a consignment gun
There is an exception for a non roster gun
They lied to me
They were mistaken
They did something illegal
Or you don't have to show up at the same place at the same time.
That's why I'm confused.
I guess it's really a moot point if you're selling a gun since the buyer pays the fee, although I can understand both parties trying to keep fees at a minimum.

[CHS]

I just sold a non roster gun on consignment. It was considered a PPT, at least that's what they told me. I did not show up at the same time as the buyer. I never met the buyer. The buyer paid the PPT fee.
I got my money, the buyer got his gun.
So, either there is an exception for a consignment gun
There is an exception for a non roster gun
They lied to me
They were mistaken
They did something illegal
Or you don't have to show up at the same place at the same time.
That's why I'm confused.
I guess it's really a moot point if you're selling a gun since the buyer pays the fee, although I can understand both parties trying to keep fees at a minimum.

A consignment follows most of the rules that a PPT follows, but is also not considered a PPT by the law.

Besides, with a consignment the dealer ends up with a percentage of the sale. So there are still more fees than a standard PPT.

[ke6guj]

A consignment follows most of the rules that a PPT follows, but is also not considered a PPT by the law.

Besides, with a consignment the dealer ends up with a percentage of the sale. So there are still more fees than a standard PPT.

if it isn't considered a PPT by the law, how do cosignment guns qualify for the PPT exemption to the roster?

[rockman]

Great question, man we sure have to go thru a pile of bulls**t just because we live in Ca.

[CHS]

if it isn't considered a PPT by the law, how do cosignment guns qualify for the PPT exemption to the roster?

That's a very good question.

More importantly, if it *IS* considered a PPT by the law, then how is an FFL allowed to make money off of the sale of consignment guns? Besides the $10, of course.

[ke6guj]

there is some grey area in this part of the law.

The roster exemption for PPTs is listed as such.

12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section 12082 in order to comply with subdivision (d) of Section 12072.

and 12082 deals with PPTs.

Cosignments don't really fit under the PPT section, and yes, the $10 would seem to apply. But somehow CADOJ allows cosignments to cost more than $10 and still fall under PPT regs, without being a misdemeaner.

But it is one of those things that doesn't seem to be backed up by law.
If a cosignment is a PPT, then why doesn't the $10 rule apply?
If a cosignment is a PPT, then how can it be DROSed without the buyer and seller both being at the store at the same time?

If a cosignment isn't a PPT, then how can the dealer transfer an off-roster handgun to someone not exempt?

Chris, you'd know more about this than me, how did cosignment handguns gets papered at riflegear? I've been told that dealers owuld have the seller fill out the seller's part of a PPT DROS and then when it is sold, then the rest of the PPT DROS paperwork is finished.