Selling Multiple Handguns

[boltmopar]

Long story short, I want to sell off some of my collection to get some money together. I want to sell my house and move to a better neighborhood, so I would like the extra money to be able to afford more. Now my question is, what will happen if I sell more than the 6 or 8 handguns (whatever it is)? WIll I just get a call from the DOJ? I am just curious as to what can happen? Any info would be appreciated, and I also plan on calling the DOJ this week.

[jpscoot_21]

Nothing will happen.. No phone call from DOJ. Nothing. You are selling a few guns off, that's all.
If you sold hundreds of guns every year without an FFL dealer's license it would be another story.
Good luck with your sales.

[boltmopar]

Thanks, I plan on selling close to twenty handguns. I have over 50 smiths so it is just a matter of keeping the ones I really want.

[acespawnshop]

No big deal the issue would be if you purchased those 50 handguns and are trying to flip them to make a profit. Then ATF might have an issue thinking you were acting as a dealer without a license. However, in your OP you state its your collection and you are liquidating to get money to move. Nothing wrong with that.

[boltmopar]

Oh no, I have been collecting for over ten years (where has the time gone?) so they are ones I have had for a while. The real difficult choice would be deciding which ones to let go. I have a lot of rare and desirable smiths and paid almost nothing for some of them.

[Quiet]

Under CA laws...
You can only do less than 6 handgun transactions during a calender year, in which you are the seller. [PC 16730(a)(1)]
A single transaction can include multiple handguns. [PC 16730(c)]
As a seller, doing more than five transactions in a calender year is a misdemeanor*.
*CA DOJ acknowledges that detection and enforcement of this is lax and they are working on a solution for better enforcement.


Therefore...
Within one calender year you can legally sell handguns to 1-5 buyers and each buyer can acquire multiple handguns.





Penal Code 26520
(a) Section 26500 does not apply to the infrequent sale, lease, or transfer of firearms.
(b) As used in this section, "infrequent" has the meaning provided in Section 16730.

Penal Code 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.

[dachan]

Nothing will happen.. No phone call from DOJ. Nothing. You are selling a few guns off, that's all.
If you sold hundreds of guns every year without an FFL dealer's license it would be another story.
Good luck with your sales.

Not so simple.

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.

Without a license to sell firearms, completing 6 or more handgun transactions (single or multiple handguns in each transaction) is a misdemeanor; so is going 60mph in a 25mph zone. What's the chances of being caught, in either case, or getting prosecuted if caught? That's for you to decide.

[Full Clip]

Of course it's not simple. It's California.

[boltmopar]

Yeah that was what I was trying to avoid. It will only be a one time thing, I still have to call them and see what they say. I would rather get the okay from them first instead of getting hassled later down the line.

[scott_kart]

Yeah that was what I was trying to avoid. It will only be a one time thing, I still have to call them and see what they say. I would rather get the okay from them first instead of getting hassled later down the line.

So, do you think the DOJ is going to give you an exemption or a waiver to the penal code?

[halifax]

So, do you think the DOJ is going to give you an exemption or a waiver to the penal code?

I was asked to help a widow woman dispose of her dead husband's firearm collection. Knowing that it meant selling a dozen handguns to different buyers, I called the DOJ and was told "go ahead...the law was not meant for these infrequent (one-time) liquidations". We did and nothing bad happened to her or me.

[scott_kart]

I was asked to help a widow woman dispose of her dead husband's firearm collection. Knowing that it meant selling a dozen handguns to different buyers, I called the DOJ and was told "go ahead...the law was not meant for these infrequent (one-time) liquidations". We did and nothing bad happened to her or me.

Did they send you a written document that you were exempt this one time or merely acknowledge that they probably won't enforce?

[halifax]

Did they send you a written document that you were exempt this one time or merely acknowledge that they probably won't enforce?

Just said "go ahead" and we did. Life is full of risks.

[code_blue]

Where would consignments fall under this category? The FFL handles the entire transaction and is required to collect taxes.

The Seller is not technical the seller any longer. If that is an exemption from the PC, then consignment may be another option to look into.

There are also vendors that will buy your pistols in bulk. I'm sure that you could work something out with them also.

[iamnoone]

Take them to Nevada and sell them.