Second hand Dealer License

[ARBITER]

I just had a Ca DOJ Firearms Division inspection last week and the agent said I needed to obtain a secondhand dealer license as of July 1 2010. I called my Sheriff and he never heard of such a License. At the Sonora Gun Show one of the Dealers said they were just inspected and DOJ said they did not need a 2ndhand Dealer License even though they buy and sell used Long guns and Handguns. Also in Placerville Newtown gun store was told they did not need a 2nd hand license as well as a Granite bay Gun Store. Just Guns and Stuff said the License cost about $143 year and Sam in Placerville is paying $190 a year. Is there a loophole out of this ??

[jtmkinsd]

California Business and Professions code 21626:

21626. (a) A "secondhand dealer," as used in this article, means
and includes any person, copartnership, firm, or corporation whose
business includes buying, selling, trading, taking in pawn, accepting
for sale on consignment, accepting for auctioning, or auctioning
secondhand tangible personal property. A "secondhand dealer" does not
include a "coin dealer" or participants at gun shows or events, as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who are not required to be licensed
pursuant to Section 12071 of the Penal Code, who are acting in
compliance with the requirements of Section 12070 and subdivision (d)
of Section 12072 of the Penal Code, and who are not a "Gun Show
Trader," as described in paragraph (5) of subdivision (b) of Section
12070 of the Penal Code.

If you take in consignment guns, or buy and sell used guns (this would not include simply transferring used guns)...you need a second hand dealers permit.

[spencerhut]

I spoke with the DOJ at length about this and was told since my county/city does not issue "second hand dealers" a license, I was not required to have one. I also spoke to the sheriff department at length on the matter and they agreed, no license was required. All we needed to do to remain compliant was report pistols (no rifles) we acquired to the DOJ, not the sheriff, just the DOJ.

Someone chime in to correct me if I'm mistaken.

[ARBITER]

2ndHand Dealer License

[QUOTE=spencerhut;5133050]I spoke with the DOJ at length about this and was told since my county/city does not issue "second hand dealers" a license, I was not required to have one. I also spoke to the sheriff department at length on the matter and they agreed, no license was required. All we needed to do to remain compliant was report pistols (no rifles) we acquired to the DOJ, not the sheriff, just the DOJ.


Thanks for the Info, that goes along with what the Sacrament Sheriff has been telling me. What I do not understand is why Just Guns & Stuff ( Gun Store in unincorporated Area) would get a 2nd hand Dealers License when its not required and why BOF would not tell me the county does not issue. It would appear they knew this for the past ten years otherwise they would have said something before.