How many long guns can I sell this year as a PP ?

[minermax]

Hello, I am hoping to find out here how many long guns I can sell as a private party buyer and seller. Reason I ask this is I have an opportunity to buy 9 rifles and shotguns from another private party local to me at a bulk price . Of the nine I would only want to keep 2 or 3. Also I have several of my own to sell to make room in the safe, so that get me trying to sell close to a dozen at the next couple gun shows. On a quick note, has the 10 day waiting period been changed or is it still the same. Thank in advance.

[dachan]

No limit. Waiting period laws and exemptions have not changed.

[kemasa]

Actually, there is a limit since if you sell too many it is considered that you are a dealer.

26500. (a) No person shall sell, lease, or transfer firearms unless
the person has been issued a license pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2.
(b) Any person violating this article is guilty of a misdemeanor.

16730. (a) As used in Section 31815 and in Division 6 (commencing
with Section 26500) of Title 4, "infrequent" means:
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without
regularity.
(b) As used in Section 27900, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by Section 27900, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(c) As used in this section, "transaction" means a single sale,
lease, or transfer of any number of handguns.

Note: this may or may not be accurate as I have not updated my download of the CA PC in 2014, but a quick check does not show that it was updated.

[dachan]

Actually, there is a limit since if you sell too many it is considered that you are a dealer.

(2) For firearms other than handguns, occasional and without
regularity.

So what's the limit you speak of?

[kemasa]

So what's the limit you speak of?

When they arrest you, you will then know the limit. It is a bad law and it is vague, but it is still a law and they can go after you should they take notice of you. This means that there is a limit, but what exactly the limit is is not know.

Is selling 10 firearms occasional? I would not think so, but others might.

[dachan]

When they arrest you, you will then know the limit.

That's not much guidance for the OP, just like saying "when you step in a pile of doggy doo, you will know".

[kemasa]

I didn't write the law nor do I enforce the law and unfortunately it is what it is.

Due to the difference between the two, handguns and non-handguns, it seems like you might be able to buy and sell more non-handguns than handguns. The bottom line is that a person needs to be very careful in this regard. If you ship the firearm, then it is not much of an issue, but if you do it as a PPT, then it is recorded in the DROS as to who the seller is and due to that it is easy to track.

So what do you suggest in terms of guidance for the OP?

[lugnutwrench]

That's not much guidance for the OP, just like saying "when you step in a pile of doggy doo, you will know".

From :

As used in Section 31815 and in Division 6 (commencing
with Section 26500) of Title 4, "infrequent" means ... [f]or firearms other than handguns, occasional and without regularity.

This is not legal advice, so don't rely on it (if someone knows better, please chime in), but I am unaware of statutory language that further defines "infrequent" or "occasional" for long gun transfers.

I did find two other places that might provide guidance:

, which read:

For tax purposes, , which reads:

I do not

[lugnutwrench]

See also this memo from C. D. Michael on May 5, 2011 (but I can't find a link to it from his calgunlaws.net blog posts). Note, this deals with ATF and federal court interpretations, not CA DOJ or CA court ones. His memo reads in pertinent part (emphasis in original):

occasionallyBroughman, the court pointed out that the dealer involved there did not even assert that he was only engaged in occasionalBroughman

[lugnutwrench]

See also this memo from C. D. Michael on May 5, 2011 (but I can't find a link to it from his calgunlaws.net blog posts). Note, this deals with ATF and federal court interpretations, not CA DOJ or CA court ones. His memo reads in pertinent part (emphasis in original):

[ChrisBrooklyn]

Sell them on gun broker. Ship them out of state. Safest bet.