Remove

[motocrossmatt]

Limit

[RickD427]

Is the limit of 5 firearms in a calendar year, or within 12 months? Does it include rifles or is the limit just on handguns?

There is no limit on the sales of 5 firearms per year.

There is a limit of five transactions in a calendar year.

There is a limit of 50 firearms in a calendar year.

There is no distinction as to the type of firearms.

Please refer to Penal Code sections 16730 and 26520, and note that section 16730 was amended in 2020. It previously limited a person to five transactions of handguns per calendar year.

[????? ????]

Penal Code section 16730 at https://leginfo.legislature.ca.gov/f...ctionNum=16730

[sbo80]

Sell your guns as you see fit, nobody is coming after you. The law for the most part was implemented to keep people from acting as unlicensed ffls. When you see a guy on cal guns selling 23 off roster firearms and is a private party with no FFL license, that's what it was implemented for.

Stop telling people things like this, it isn't helpful. It's the equivalent of "you'd never get caught" argument. Lots of things "nobody is coming for you" but remain illegal anyway. It is against the law to violate the limits, period. The law was implemented to do exactly what it clearly says, limit people to quantity of transactions. Lack of enforcement doesn't make it ok. The penal code mentions no exemptions. If you want to break the law, do so knowing that what you are doing is in fact illegal and be prepared for the consequences should they come your way, no matter how unlikely they might be. Your risk tolerance might be higher than mine which is fine, but don't mislead others about what the law says.

[motocrossmatt]

Thank you all for the fast and informative answers! It is much appreciated!

[benjamin101677]

Anybody ever heard of anyone be charged with a crime for selling too many??

[Librarian]

Anybody ever heard of anyone be charged with a crime for selling too many??

Not yet.

[scootle]

Anybody ever heard of anyone be charged with a crime for selling too many??

Not yet.

Don't push the limits on the calendar year basis and nobody will notice you, basically.

5x transactions is usually what people run into before they hit 50x guns.... 50x guns sold is a lot of selling!

[benjamin101677]

Don't push the limits on the calendar year basis and nobody will notice you, basically.

5x transactions is usually what people run into before they hit 50x guns.... 50x guns sold is a lot of selling!

I was just thinking that maybe a tough one to win in court a conviction especially if you weren't buying and selling the next day. I am way past the 5 transactions closer to maybe 25-30 transaction.

[So Cal Gunner]

Sorry to thread-jack a little bit. Am I reading the PC correctly that firearms consigned with a Dealer (through FDAS) are exempt from these restrictions? If someone were to pass and their widow wanted to sell a 500 gun collection, it wouldn't take her 10 years to liquidate, right?

[Nardo1895]

Sorry to thread-jack a little bit. Am I reading the PC correctly that firearms consigned with a Dealer (through FDAS) are exempt from these restrictions? If someone were to pass and their widow wanted to sell a 500 gun collection, it wouldn't take her 10 years to liquidate, right?

That is my assumption/understanding as well although liquidating estates probably has other flexibility.

Not all FFL's agree that consigning a group of firearms is one transaction. Not that FFL's have a role in this, just pointing out the law isn't really clear.

Its also not unusual for an older person to decide that at this point in their life they could make better use of the cash rather than their gun collection. A strict interpretation of the law could result in that taking forever, especially if consigning a group of firearms isn't one transaction. But I probably error in applying logic to CA gun laws....

[RickD427]

Not all FFL's agree that consigning a group of firearms is one transaction. Not that FFL's have a role in this, just pointing out the law isn't really clear.

The law is quite clear on the point. Please see the following quote from PC 16730, with the pertinent part in bold font:

any number of firearms."

[Nardo1895]

The law is quite clear on the point. Please see the following quote from PC 16730, with the pertinent part in bold font:

any number of firearms."

What do you interpret (b) to mean?

[Librarian]

What do you interpret (b) to mean?

?

Seems quite clear to me. What do you question?

[RickD427]

What do you interpret (b) to mean?

I interpret (b) to mean "any number of firearms." One of the canons of statutory interpretation is that, when the statute is clear, there's no interpretation to be done. Please refer to the U.S Supreme Court's treatment of interpretation issues where a statute is clear in Connecticut Nat'l Bank v. Germain.