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gun flipping,,legal limits??

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  • stitchnicklas
    Calguns Addict
    • Feb 2010
    • 7091

    gun flipping,,legal limits??

    i have a potential deal for a motor vehicle and the buyer want to give me 1-2 guns plus cash for it.

    i do not need or want the guns but am considering the offer because i can just sell the guns for the value i wanted ,now what are the limits to selling them immediately after acquiring them??

    i have not sold any guns this year so far so i am under the 5 in a year limit for sales.

    any other concerns??
  • #2
    SantaCabinetguy
    I need a LIFE!!
    • Feb 2011
    • 15137

    The less than 6 a year is probably the biggest thing to consider.

    And it goes without saying that the transfers need to be through an FFL (unless they are C&R and you have a permit/or the guns are that old )

    Are you going to sell them here? What kind of guns are they?
    Hauoli Makahiki Hou


    -------

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    • #3
      Futurecollector
      I need a LIFE!!
      • Oct 2008
      • 11557

      Handguns and Long guns have different limits... Handguns, 6 a year. Long guns have no 'limit'.... so they say
      None of my posts are serious or real, nothing I post is legal advice.

      Originally posted by SanDiego619
      I am a complete idiot

      Comment

      • #4
        stitchnicklas
        Calguns Addict
        • Feb 2010
        • 7091

        all transfers would be done through a 01 ffl,still waiting on buyer to make a decision before i list them i must have them.

        Comment

        • #5
          Cokebottle
          Señor Member
          CGN Contributor - Lifetime
          • Oct 2009
          • 32373

          Originally posted by Futurecollector
          Handguns and Long guns have different limits... Handguns, 6 a year. Long guns have no 'limit'.... so they say
          +1

          "Infrequent" is all that is said.


          I don't think the DOJ is going to spank you over the "flipping" of two guns in a 30 day period.
          - Rich

          Originally posted by dantodd
          A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

          Comment

          • #6
            Reductio
            Senior Member
            • May 2010
            • 1923

            Originally posted by Cokebottle
            I don't think the DOJ is going to spank you over the "flipping" of two guns in a 30 day period.
            They might not have even noticed if you didn't post a thread about it.

            But everybody else here is correct about limits.
            Originally posted by CSACANNONEER
            Ah, the old "form over function" argument. I guess some people would rather be seen with a hot blonde who won't put out than with a "Neil 8" who will make you .

            Comment

            • #7
              sirgrumps
              Senior Member
              • Apr 2009
              • 2493

              Originally posted by Ubermcoupe
              The less than 6 a year is probably the biggest thing to consider.
              Calender year or 12 month period?
              ?The constitutional right to bear arms in public for self-defense is not a ?second-class right,? subject to an entirely different body of rules than the other Bill of Rights guarantees.? ?.. "We know of no other constitutional rights that an individual may exercise only after demonstrating to government officers some special need."
              - Justice Clarence Thomas

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              • #8
                Futurecollector
                I need a LIFE!!
                • Oct 2008
                • 11557

                Originally posted by sirgrumps
                Calender year or 12 month period?
                Calendar.
                None of my posts are serious or real, nothing I post is legal advice.

                Originally posted by SanDiego619
                I am a complete idiot

                Comment

                • #9
                  dantodd
                  Calguns Addict
                  • Aug 2009
                  • 9360

                  what you intend does not make you a "dealer" nor is it, in any way illegal. Good luck selling your "motor vehicle."
                  Coyote Point Armory
                  341 Beach Road
                  Burlingame CA 94010
                  650-315-2210
                  http://CoyotePointArmory.com

                  Comment

                  • #10
                    skylindrftr
                    Member
                    • Jan 2011
                    • 178

                    So there is a law stating that doing a PPT on handguns more than 6 times a year is illegal?

                    Comment

                    • #11
                      SantaCabinetguy
                      I need a LIFE!!
                      • Feb 2011
                      • 15137

                      Originally posted by skylindrftr
                      So there is a law stating that doing a PPT on handguns more than 6 times a year is illegal?


                      There is a small limitation on the number of occasions of sales; the penal code says PPT is for "infrequent" transactions, and PC 12070 (c) says

                      (c) (1) As used in this section, "infrequent" means:
                      (A) For handguns, less than six transactions per calendar year.
                      For this purpose, "transaction" means a single sale, lease, or
                      transfer of any number of handguns.

                      (B) For firearms other than handguns, occasional and without
                      regularity.
                      Hauoli Makahiki Hou


                      -------

                      Comment

                      • #12
                        stitchnicklas
                        Calguns Addict
                        • Feb 2010
                        • 7091

                        so i am fine to flip then..

                        Comment

                        • #13
                          Stonewalker
                          Veteran Member
                          • Jun 2010
                          • 2780

                          And here is yet another example of how even the most good-intentioned laws can miss the mark and be completely ineffective in the real world at solving the problem said law was meant to solve.
                          -Mr. stitchnicklas wants to sell 2 guns.
                          -Selling 2 guns does not cause crime to happen.
                          -Selling more than 6 guns per year does not cause crime to happen. If it did, then why the hell does the CA DoJ allow FFLs to sell more than 6 handguns per year???
                          (It's about to get good)
                          -Convicting somebody of violating the law against selling more than 6 handguns per year does not STOP crime from happening. This is true for 3 reasons:
                          -----(1) BAD GUYS SELL GUNS TO OTHER BAD GUYS off the record, and a law against selling more than 6 handguns per year doesn't stop them from doing so.
                          -----(2) Bad guys without a criminal record will always be willing to do straw purchases for other bad guys who couldn't pass a background check.
                          -----(3) When you sell handguns you are required to go through an FFL and the buyer must have a background check done on him anyways.... so if the buyer is not a criminal THEN HOW DOES STOPPING THE SALE REDUCE CRIME???
                          -Mr. stitchnicklas, a good guy, is now left sweating bullets over whether or not he can legally sell these two guns. Meanwhile bad guys all over the state have transfered dozens of handguns while the DoJ is none-the-wiser.

                          But at least they stopped non-criminals from trading more than 6 handguns per year.... (wait for it) which was the point of that law all along. Criminals selling handguns to eachother? The DoJ knows they can't do anything to stop that, but our politicians figure they might as well win some points with anti-gun voters by passing their bull**** laws.

                          I should apologize to you stichnicklas, because I don't have any expertise to offer in your situation - I just felt like soap-boxing on top it. Good luck with your vehicle/gun transaction!
                          Last edited by Stonewalker; 12-17-2011, 10:08 PM.
                          member: Electronic Frontier Foundation, NRA, CGF

                          Deer Hunting Rifles? "Let's get rid of those too" - Adam Keigwin, Chief of Staff for Senator Leland Yee

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                          • #14
                            Ron-Solo
                            In Memoriam
                            • Jan 2009
                            • 8581

                            Originally posted by Stonewalker
                            -Selling more than 6 guns per year does not cause crime to happen. If it did, then why the hell does the CA DoJ allow FFLs to sell more than 6 handguns per year??? !
                            California law allows dealers to sell more than six HHS a year because they are licensed as a dealer. If you are in the business of selling guns, you must be licensed. Ca law says if you sell more than six guns in separate transactions, they may consider you to be a dealer.

                            It's actually quite simple.
                            LASD Retired
                            1978-2011

                            NRA Life Member
                            CRPA Life Member
                            NRA Rifle Instructor
                            NRA Shotgun Instructor
                            NRA Range Safety Officer
                            DOJ Certified Instructor

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                            • #15
                              awall919
                              Senior Member
                              • Sep 2010
                              • 636

                              Originally posted by Futurecollector
                              Handguns and Long guns have different limits... Handguns, 6 a year. Long guns have no 'limit'.... so they say
                              Im curious as to this will change after jan 1,2014? Isn't that when the long gun registration starts?
                              WTB: 3/8" dovetail(airgin/.22 size) rail to picatinny rail adapter or 3/8" rail size dovetail 1"'rings

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