Private party limits on sales

[opos]

I had asked a similar question a long time ago and while I know and understand the "law" as written I need to try and find a solution to a problem I've got if at all possible.

The law is specific that a private party can sell not over 5 handguns (seperate transactions...if 3 guns go in one deal to one buyer, that's one transaction) in a calendar year period. I have sold 5 handguns to 5 buyers in 5 seperate transactions in the year beginning 1-1-11 so am at the "limit".

I'm becoming more and more sight disabled all the time and would really like to dispose of the few handguns I have left and not wait till January 1 of 2012. Does anyone know of a provision or any possible part of the law that would allow me to get rid of them now? I could use the money for other things and there are only 4 total that are left. I can wait if necessary but if there is a way to skirt the part of the law without getting in any hot water I'd like to move on...

Many thanks,
opos

[Gryff]

I wonder how this would do in court. This is the government effectively denying you the right to sell your own property.

[kemasa]

I suspect that the law is in regards to buying and selling and you are only selling. Also, if you sell a firearm out of state, they can't track that. Not that it really means anything, but you could call the CA DOJ and ask about it, sometimes they are reasonable :-). The law says that you can't offer to sell high capacity magazines, but they said that they don't have an issue with a person offering them for sale outside of CA.

[blakdawg]

The restriction comes from CA Penal Code 12070.

See http://www.calguns.net/calgunforum/a.../t-175020.html

[halifax]

Had a widow woman wanting to dispose of her deceased husband's guns, about 40...a mixture of handguns and long guns. Called the DOJ and was told no problem since it was a one time liquidation and she would not be considered to be dealing in guns. That is what the law is attempting to curb, he said. FYI.

[opos]

Thought I'd sort of "close the loop" on this post..I got a phone message yesterday from the DOJ office in Sacramento in reply to an e mail I sent them...nice gal and very helpful. Said in the case of "need" to dispose of handguns (like estate being liquidated, illness causing the need to get rid of guns, etc) that a simple letter or e mail to DOJ explaining the situation would suffice...she said that if I received any inquiry from ATF or DOJ should I sell the remaining guns and go over the "5 limit" just give them the details and no problem.

She indicated that they look for patterns of abuse. If each year there is a pattern of going over the allowed 5 transfers that there would probably be an inquiry and investigation. If the "overage" is a one time thing with a valid reason she said it was not a problem.

So my take is that in a "unique" situation such as I described to the DOJ the "maximum 5 transactions in 1 year" law can be circumvented with notice and with a valid reason...I was very pleased with their response in a timely manner and the attitude I was shown.

"your mileage may vary" so proceed at your own risk...I'm only relaying what I was told in my specific situation..if you have questions, e mail the DOJ and find out the answer for your specific problem.