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  • rosecitySig
    Junior Member
    • Dec 2012
    • 24

    PPT - Seller

    Someone had a "fire sale" and then stated that they are only allowed 6 PPT/year. What happens after the 6th sale? Thx
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Originally posted by rosecitySig
    Someone had a "fire sale" and then stated that they are only allowed 6 PPT/year. What happens after the 6th sale? Thx
    at 6 handgun PPT transactions, it is no longer considered "occasional and without regularity", and you are supposed to be a dealer. that said, for situations like the seller had, CADOJ and ATF normally havent prosecuted for when one needs to do a massive liquidation to raise $$$$$.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30242

      Originally posted by rosecitySig
      Someone had a "fire sale" and then stated that they are only allowed 6 PPT/year. What happens after the 6th sale? Thx
      Per Ca laws [PC 26520], sales by non-dealers have to be "infrequent".

      Which means [PC 16730]:
      Long guns = sold occasionally and without regularity
      Handguns = no more than 5 transactions during a calendar year

      So for a "fire sale"...
      Long guns = would be fine as long as you do not conduct "fire sales" on a regular basis.
      Handguns = still need to abide by the less than 6 transactions per year.

      However, one transaction can inlcude multiple handguns.
      Examples...
      Person A sells 10 handguns to Person B = one transaction.
      Person A sells 5 handguns to Person C and 5 handguns to Person D = two transactions.

      In additon...
      Anyone liquidating their personal firearm collection due to a court order/judgement is exempt from the "infrequent" requirement. [PC 26505(d)]


      Penal Code 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.

      Penal Code 26520
      (a) Section 26500 does not apply to the infrequent sale, lease, or transfer of firearms.
      (b) As used in this section, "infrequent" has the meaning provided in Section 16730.

      Penal Code 16730
      (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.
      (b) As used in Section 27900, the term "infrequent" shall not be construed to prohibit different local chapters of the same nonprofit corporation from conducting auctions or similar events, provided the individual local chapter conducts the auctions or similar events infrequently. It is the intent of the Legislature that different local chapters, representing different localities, be entitled to invoke the exemption created by Section 27900, notwithstanding the frequency with which other chapters of the same nonprofit corporation
      may conduct auctions or similar events.
      (c) As used in this section, "transaction" means a single sale, lease, or transfer of any number of handguns.

      Penal Code 26505
      Section 26500 does not apply to the sale, lease, or transfer of any firearm by any of the following:
      (d) A person who liquidates a personal firearm collection to satisfy a court judgment.
      Last edited by Quiet; 02-04-2013, 3:27 AM.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

      Comment

      • #4
        uhlan1
        Calguns Addict
        • Aug 2012
        • 6217

        Good info, thanks.
        "Hence it happened that all the armed prophets conquered, all the unarmed perished." - Niccolo Machiavelli

        Comment

        • #5
          uhlan1
          Calguns Addict
          • Aug 2012
          • 6217

          Actually, I have a further question. Both my wife and I have bought guns. Does it matter who sells which and wouldn't we each be able to sell 6 handguns in a year. Dang these laws in this state are tough to get your head around.
          "Hence it happened that all the armed prophets conquered, all the unarmed perished." - Niccolo Machiavelli

          Comment

          • #6
            weisitke
            Junior Member
            • Feb 2013
            • 6

            thanks for your sharing,Dang these laws in this state are tough to get your head around. good info to me

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30242

              Originally posted by uhlan1
              Actually, I have a further question. Both my wife and I have bought guns. Does it matter who sells which and wouldn't we each be able to sell 6 handguns in a year. Dang these laws in this state are tough to get your head around.
              You both can do five handgun transactions per calendar year.

              Try and sell the ones you own. But, it really doesn't matter.
              sigpic

              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

              Comment

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