Need help selling a SIG P365!!

[tsl1111]

[SkyHawk]

If I am missing a way to sell this some other way please (kindly) educate me. Intrafamilial transfer is not an option according to what I consider an astute FFL. Any non-sworn person is out of the question. Pawn or consignment can only be sold to a LEO because it’s still off roster from what I understand. Again, I’m open to suggestions.

Intrafamily transfer IS an option. PC32000(c) only applies to a CA FFL (aka a person licensed) doing the transfer. It does not apply to the LEO and it does not apply to the recipient.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=32000&lawCode=PEN

(c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.

If no FFL is used, there is no crime in transferring it as long as the FFL-less transfer is otherwise legal.

So giving it to wife, child/grandchild/parent/grandparent is legal.

And once you transfer it to family, if they at some point down the road decided to sell, there is no law against it nor any restrictions on a FFL who handles a transfer for them.

IANALEO, IANAL - but I can read. There is no law that prohibits a legal FFL-less (ie intrafamily in-state) transfer of an off roster gun acquired by newly exempt/2nd tier LEO.

The lawmakers put the burden of the law entirely on FFLs. It only applies to them. They could have put the burden on the LEOs, but they did not.

[tsl1111]

My FFL said it could be family transfered but it would have to stay in the family and would fall under the same regulations if "she" tried to sell it later. Ill have to do more research. Thanks for your response.

[SkyHawk]

My FFL said it could be family transfered but it would have to stay in the family and would fall under the same regulations if "she" tried to sell it later. Ill have to do more research. Thanks for your response.

Again, respectfully, that is not what the law says. It is all right there in PC32000(c). If the seller is not one of the people listed in PC32000(b)(6), the law does not apply.

A son who such a firearm was given for instance would not have obtained the firearm using the roster exemption in 32000(b)(6). He would have obtained it using the roster exemption in PC32110. So PC32000(c) would not apply to the FFL who was handling a transfer for the son who was gifted the firearm, if he was trying to sell it later in a PPT.

In any case, the law applies to FFLs only, there is no burden for any other party to a lawful transfer. So it is up to the FFL, and in my experience most of them aren’t going down the rabbit hole with provenance.

That said, I would not do an intrafamily gift and then encourage an immediate sale. Hopefully the person receiving the gift enjoys it for a while, maybe they’ll even decide it’s a keeper.

[tsl1111]

Appreciate the info, thank you!

[Bobula]

What's a second tier leo?

[Librarian]

What's a second tier leo?

As Skyhawk said,

one of the people listed in PC32000(b)(6)

[Yodaman]

Just post below retail and say only sell to LEO. Problem solved.

[tsl1111]

Issue has been solved. LEO to LEO transfer will take place next week. Thanks for the input.....


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[Yodaman]

Glad it worked out. Be safe.

[1911su16b870]

I think the P365 currently is the best sub compact, "single stack" 9mm pistol made. Glad it worked out OP!