Private Party Transfers

PC 28050 Transfer / Private Party Transfer

 

Private Party Transfers are legal between two CA residents to transfer a firearm between each other.

 

The Process is:

1)Both parties make an appointment with 2A Self Defense.

2)Both parties arrive for the appointment.

3a)Transferer (seller) fills out their part of the paperwork. (Must bring valid ID – CADL, CAID.)

3b)Transferee (buyer) fills out their part of the paperwork. (Same requirements apply for ID. If a handgun a second form of identification is required )

4)Transferee pays $35 fee for DROS/Dealer fee.

5)10 Day Waiting Period applies to all transactions unless exempt*.

6)Purchaser picks up the firearm no sooner than Ten 24 hour periods (10 days) after DROS is run, no later than 30 days or DROS will have to be reran (including new DROS fee).

Note: Purchasers of handguns must provide secondary proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification), and either (1) possess a Firearms Safety Certificate (FSC) plus successfully complete a safety demonstration with their recently purchased handgun or (2) qualify for an FSC exemption.

 

Explanation of the PPT regulations:

California law requires effectively all firearms transfers to go through a CA licensed FFL. (Penal Code Section 27545)

Two individuals may sell to one another, using an FFL as an agent, following the procedure set forth in Penal Code Section 28050. That action is commonly known as a ‘Private Party Transfer’ or ‘PPT’.

The fees are limited by statute (Penal Code Section 28055); the fee is limited to $10 for the dealer and $25 to the State for DROS and other required charges – total THIRTY FIVE (35) dollars and no more.

PPT handgun transactions are exempt from the Handgun Roster.

In almost all places, PPT handgun transactions are exempt from 1 in 30 days.

The buyer in a PPT handgun transaction must have the Handgun Safety Certificate, unless exempt. (As of 1/1/2015 if you do not already possess a HSC or an exemption, you must first get your Firearms Safety Certificate before we may legally sell you a firearm.)

PPT transactions are subject to the 10-day wait.*

 

California Office of the Attorney General Website Information:

Generally, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer under the Dealer’s Record of Sale (DROS) process. California law imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee*. A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, a person must be at least 21 years of age.

As part of the DROS process, the purchaser must present “clear evidence of identity and age” which is defined as a valid, non-expired California Driver’s License or Identification Card issued by the Department of Motor Vehicles (DMV). A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

If the purchaser is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing the firearms dealer with documentation containing his/her Alien Registration Number or I-94 Number.

Purchasers of handguns must provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification), and either (1) possess a Handgun Safety Certificate (HSC) plus successfully complete a safety demonstration with their recently purchased handgun or (2) qualify for an HSC exemption.

(Pen. Code, § § 26800-26850.)

Firearms dealers are required to process private party transfers upon request but may charge a fee not to exceed $10 per firearm for conducting the transfer. For example:

For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction.

For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of up to $10.00 for each additional firearm.

“Antique firearms,” as defined in section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in section 478.11 of Title 27 of the Code of Federal Regulations, that are over 50 years old, are exempt from this requirement. For additional exceptions, refer to Penal Code sections 27850 through 27966.

(Pen. Code, § 27545.)

 

*Please see CalGuns Website for lawsuit information.