Transfering an off roster handgun

[Nardo1895]

I'm a little confused about when an off roster handgun can be legally transferred. Here is what I think >> If the non-rostered handgun is currently registered in CA it can be transferred via a face to face PPT. I'm certain this applies to handguns that predate the roster (Colt Series 70 1911 for example) and for handguns that were on the roster but have since expired.

Here is where I get confused. AB2165 added LEOs that can buy off-roster handguns, but precludes them from reselling them except to other LEOs.

When do I have to ask if the seller is a (qualified) LEO? Are there some off roster handguns that can't be sold except by qualified LOEs? If so, how do I figure out which ones? What documentation do I need to verify the seller is a qualified LEO?

I have a message into my DOJ field rep but I have an appointment to do the PPT before she gets back in the office and the DROS hotline could not answer my questions.

Last question, assuming some handguns can only be sold by qualified LEOs, is it ok for a retired (qualified) LEO to sell? I don't think a retired LEO can buy off roster, but they should be able to sell via a PPT, right?

[kemasa]

As long as the transfer is exempt, such as a PPT, it doesn't matter if it is off-roster unless it falls under the LEO issue.

To protect yourself, you should always ask if the seller falls under that law.

[Nardo1895]

This is where I get confused:

"...doesn't matter if it is off-roster unless it falls under the LEO issue."

So if its a non-LEO seller in a PPT there are no restrictions, but if its a LEO seller there are?

If that's the case then color me stupid for thinking there would be some logic involved in this :-)

[Librarian]

This is where I get confused:

"...doesn't matter if it is off-roster unless it falls under the LEO issue."

So if its a non-LEO seller in a PPT there are no restrictions, but if its a LEO seller there are?

If that's the case then color me stupid for thinking there would be some logic involved in this :-)

There can be issues.

All LEO are free to PPT guns they inherit, guns they received as gifts, off-Roster guns they bought PPT.

And, most LEO, not listed in PC 32000 (a)(6) may legally PPT guns they purchased using the LE exemption from the Roster. (Their departments may have a differing opinion, but that's outside the scope here.)

But from 2017 onward, the LE listed in (a)(6) may not resell an off-Roster handgun they acquired using their (new) LE exemption unless it is to another Roster-exempt person.

How you, the FFL, are supposed to know all these details seems to be left as an exercise to the reader.

[Nardo1895]

Just got off the phone with my DOJ field rep. She basically said 2165 is difficult to enforce. If a "prohibited" LEO sells a number of off roster guns as PPTs they will end up on DOJ's radar, but all an FFL can do is ask and rely on the seller's honesty.