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Consignment sales count against PPT total?

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  • Inviscid07
    Member
    • Dec 2009
    • 399

    Consignment sales count against PPT total?

    Hi, I was hoping maybe someone can help answer a question I have above. I am getting close to my 5 ppt's a year limit assuming that the 2 consignment sales are counting against my ppt count total for the 12 months. I am also curious if the ppt count is by calendar year or every 12 month period? Thx in advance!
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    12070. (a) No person shall sell, lease, or transfer firearms unless he or she has been issued a license pursuant to Section 12071. Any person violating this section is guilty of a misdemeanor.

    (b) Subdivision (a) does not include any of the following:
    (4) The infrequent sale, lease, or transfer of firearms.

    (c)(1) As used in this section, "infrequent" means:
    (A) For pistols, revolvers, and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

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    • #3
      Inviscid07
      Member
      • Dec 2009
      • 399

      So it sounds like the ppt limit applies only to pistols? 3 of my sales/transactions involved rifles so I should be ok then because those don't count?

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by Inviscid07
        So it sounds like the ppt limit applies only to pistols? 3 of my sales/transactions involved rifles so I should be ok then because those don't count?


        12070(c)(1) As used in this section, "infrequent" means:
        (A) For pistols, revolvers, and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person.
        (B) For firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, occasional and without regularity.
        Jack



        Do you want an AOW or C&R SBS/SBR in CA?

        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

        Comment

        • #5
          jtmkinsd
          Senior Member
          • Mar 2010
          • 2352

          Originally posted by Inviscid07
          So it sounds like the ppt limit applies only to pistols? 3 of my sales/transactions involved rifles so I should be ok then because those don't count?
          Now, figure out what "occasional and without regularity" means. If you're flirting with just 5 or six transactions in a year then you probably don't have to worry too much...Law was meant to criminalize "dealing" in firearms without a license...buying and selling for profit mostly, in other words buying a firearm not for yourself, but to sell to another. If you are selling off guns that are and have been yours you shouldn't worry about it too much. The law is the law...where you go from there is up to you. DOJ likes doing things on a rolling time period...I can't be 100% certain at the moment, but I would speculate they wouldn't want you to go over the limit in a rolling 12 month period.
          Last edited by jtmkinsd; 08-29-2010, 11:59 PM.
          Originally posted by orangeglo
          Welcome to failtown, population = you.

          Comment

          • #6
            EOD Guy
            Senior Member
            • Oct 2005
            • 1229

            Originally posted by jtmkinsd
            Now, figure out what "occasional and without regularity" means. If you're flirting with just 5 or six transactions in a year then you probably don't have to worry too much...Law was meant to criminalize "dealing" in firearms without a license...buying and selling for profit mostly, in other words buying a firearm not for yourself, but to sell to another. If you are selling off guns that are and have been yours you shouldn't worry about it too much. The law is the law...where you go from there is up to you. DOJ likes doing things on a rolling time period...I can't be 100% certain at the moment, but I would speculate they wouldn't want you to go over the limit in a rolling 12 month period.
            The penal code specifically states "calendar year." This would mean Jan-Dec.

            Comment

            • #7
              Capt_Communist
              Senior Member
              • Dec 2009
              • 851

              I've done more than the 5 a year and haven't gotten any grief from anyone... I wouldn't worry about it at all... just don't make a business out of it like was said earlier and you should be fine.


              hope this post doesn't lead to a little black helo paying me a visit....

              Comment

              • #8
                PyroFox79
                Veteran Member
                • Jul 2010
                • 2603

                Is there really a way to track the sales especially if you use dffferent ffls do do the ppt
                USMC '05-'09 - 2111 - Keeper Of The Cold Steel

                To be American is to disobey.

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                • #9
                  kel-tec-innovations
                  Veteran Member
                  • Apr 2009
                  • 3931

                  Originally posted by PyroFox79
                  Is there really a way to track the sales especially if you use dffferent ffls do do the ppt
                  I think the DOJ would know
                  WTS: Mossberg RARE Bullpup
                  WTS: Glock 27 Nickel Boron coated 2 tone
                  American Defense 20 MOA mount, AK47 AK74 Bullpup kit, Midwest AK rails Krink
                  WTS: 7n6 5.45x39 spam cans / Crates IE area Riverside San Bernardino

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                  • #10
                    kel-tec-innovations
                    Veteran Member
                    • Apr 2009
                    • 3931

                    I have a bad habit of buying guns playing with it get bored sell it and get other guns. Hope DOJ doesn't come knocking on my door and having to explain I get bored of the same guns. Mind as well get an FFL hmmmm
                    WTS: Mossberg RARE Bullpup
                    WTS: Glock 27 Nickel Boron coated 2 tone
                    American Defense 20 MOA mount, AK47 AK74 Bullpup kit, Midwest AK rails Krink
                    WTS: 7n6 5.45x39 spam cans / Crates IE area Riverside San Bernardino

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