Sales by private party questions..

[opos]

Hello. I have a couple of questions about private party sales in California...handguns only for this discussion...First, the regulations say that a private party may only sell less than 5 handguns in a year (believe that's a calendar year) on a private party basis. With this in mind if I sold (as I just did recently) 4 handguns to one party at one time with the transfers all taking place at the same FFL...is that one transaction or 4 seperate gun sales? Next question is if I list (consign) several guns with a FFL do I have the 5 gun limit or are my sales covered under the FFL's license? And finally, if I sell a handgun for out of state sale is that still considered a sale for the purposes of the "5 handgun sales limit in a year)?

Appreciate any help on this as I don't find any of the specifics listed...
also is the State really concerned about enforcing that 5 gun rule or are they just intrested in getting the fees? I don't want to "bend" the rule too far but I'd like to sell a total of probably 7 handguns in the year 2011 and don't know just what to think...many thanks!!

[jtmkinsd]

It's less than six transactions per calendar year, so you get 5 transactions per year, any number of handguns per transaction. So your "bulk sale" to one individual would count as 1 transaction.

Consignments are treated as Private Party Transfers if sold to an individual at the shop. If they are shipped, they are not PPTs.

I have several customers who have, at one point or another, had a good number of transactions in excess of 5 in a calendar year. It's a tool the State uses to curb dealing firearms without a license. I've no personal knowledge of any prosecutions under the statute, but that's not to say it doesn't happen.

[opos]

Many thanks for the post and also to a "friend" that sent a p/m and pointed out the section of the code that pertains to the sales, "of any numbr of handguns" .... so this verifies that it's transactions rather than individual arms...seems logical as I know of a number of folks that have sold collections of modern handguns to someone and the number of guns would often far exceed 5 individual handguns.



NOTE: The infrequent sale, lease, or transfer of firearms between individuals - meaning five or
fewer sales per year of any number of handguns or irregular and occasional sales of other firearms
is allowed. However, such sales/transfers must be completed through a dealer licensed pursuant to
Penal Code section 12071.