Screwed with gun sales cap

[Garv]

So it would be “frequent” if I sell my 6th gun this year with 6th transaction?
And since I am a “frequent” seller, what are the consequences?
1. Prosecuted?
2. The DROS will be denied?

I can’t find any of these useful information but just interpretation of the law.


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FWIW:

From what I have read here, you can be prosecuted, but it rarely happens.
There was a police officer overdoing it that was busted.
There are several threads here discussing it, with many members saying they have never had a problem going over the limit.

I have not heard of any DROS being denied for this.

The risk is apparently low, but...….

[uscmarine]

Not many is gonna answer these question on an open public forum (some did). You have to decide what is "best" for you. Roll the dice? risk/reward? Lastly, invest the time on Calguns or invest the time reading past posts, maybe you'll get your answer.

https://www.calguns.net/calgunforum/showthread.php?t=1579631

He did post it and I want to know what happened


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[Dvrjon]

The language of the statutes seems useful.

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.

26520. (a) Section 26500 does not apply to the infrequent sale, lease, or transfer of firearms.

(b) As used in this section,

With the 6th transaction, you are no longer "infrequent", and the exemption in 26520 goes away. At that point, the DOJ can halt the transfer and charge you with a misdemeanor for sales without a license. Misdemeanor can result in a fine up to $1,000 and up to 6 months in jail.

(I'm sure they have another list they'll put you on.)

The past language of the statute limited handgun sales to less than 6, but held long guns to, "For firearms other than handguns, occasional and without regularity." Now, that language is gone an DOJ no longer has any leeway in interpreting the statute. (It's also important to note that DOJ was the SPONSOR of the bill...they wrote it and got the legislature to pass it. It seems improbable that they wouldn't enforce it.)

Postings on this subject:
April 2016
June 2016
Jan 2009

[uscmarine]

The language of the statutes seems useful.



With the 6th transaction, you are no longer "infrequent", and the exemption in 26520 goes away. At that point, the DOJ can halt the transfer and charge you with a misdemeanor for sales without a license. Misdemeanor can result in a fine up to $1,000 and up to 6 months in jail.

(I'm sure they have another list they'll put you on.)

The past language of the statute limited handgun sales to less than 6, but held long guns to, "For firearms other than handguns, occasional and without regularity." Now, that language is gone an DOJ no longer has any leeway in interpreting the statute. (It's also important to note that DOJ was the SPONSOR of the bill...they wrote it and got the legislature to pass it. It seems improbable that they wouldn't enforce it.)

Postings on this subject:
April 2016
June 2016
Jan 2009

[ja308]

Not being able to sell personal property is just part of ...shall not be infringed"...

[uscmarine]

Not being able to sell personal property is just part of ...shall not be infringed"...

This restriction on selling personal property is more of infringement to me than having to build my featureless AR or coping with 10 round magazines for me, personally...


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