Month: February 2022

BRIEF HISTORY

As of January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.

In 2007, California passed the micro-stamping law which did not take effect since 2013. Micro-stamping is the process where a bullet casing is uniquely marked after it is discharged with the gun used.

There are no firearm company who have the manufacturing tool to make these micro-stamped guns. Which means, we are stuck using 2013 designed handguns.

HOW DO I KNOW WHICH HANDGUN IS LEGAL?

You first have to go on the CA DOJ website and find the manufacturer of the handgun you wish to buy. The list must match the handgun being transferred. If you cannot find the same make, model/model number then it is not legal. Handgun Certified for Sale(AKA Handgun roster) link is here.  

It is your responsibility and the online retailer to know which is legal since I am not involve during your purchase.  If you need help, then email me along with the make and model of the firearm so I can check.

Private Party Transfers (PPT) from out of state must follow the above.

PPT between two legal California residents who intends to purchase a handgun does NOT have to follow the handgun roster.

WHAT KIND CAN I BUY THAT’S NOT ON THE ROSTER?
You can purchase off-roster handguns via PPT (private party transfer). Also, penal code 32100 allows you to purchase single action revolvers (see below).

(Penal Code 32100 – Exempted handguns)

Here it is briefly but you can read the penal code below this statement.

• At least a five-cartridge capacity
• Overall length measured parallel to the barrel of at least seven and one-half inches
• Is a single action revolver
• Barrel length of not less than three inches –

ARTICLE 6. Exceptions to Rules Governing Unsafe Handguns [32100 – 32110] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

32100.

(a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:

(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(2) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled.

(3) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.

(b) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-shot pistol with a break top or bolt action and a barrel length of not less than six inches and that has an overall length of at least 10½ inches when the handle, frame or receiver, and barrel are assembled. However, Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall apply to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semiautomatic mode.
(Amended by Stats. 2014, Ch. 147, Sec. 1. (AB 1964) Effective January 1, 2015.)

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=32100

Please read Penal Code 30515.

You have two option and pick one. One option is fixed magazine with you will then be allowed to have all the features you want. The other option, non-fix magazine, is also known as “featureless” rifles which means you cannot have any of the cool looking attachments.

For any rifles that are not semi-auto, you can add as many features as you want.

YOU HAVE 2 OPTIONS

• OPTION 1: FIX MAGAZINE
• OPTION 2: NOT FIX MAGAZINE

For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

OPTION ONE – FIXED MAGAZINE

OPTION TWO – NON-FIX MAGAZINE

OVERALL LENGTH MUST BE OVER 30 INCHES

You semi-auto rifle must be 30 inches or longer. Measured from the end of the buffer tube to the other end of the barrel.

It is considered an assault weapon is less than 30 inches.

How to measure your firearm:

Private party transfer of firearm for California residents.

In the state of California, a non-licensed individual is allowed to sell firearms to another non-licensed individual but must use an FFL dealer in San Jose or in your city who is licensed firearm dealer as an intermediary to make the transfer legal (Penal Code 28050). FFL dealers are like me, FFL Dealer Sunnyvale who process Form 4473 only and there are FFL dealers who works in a gun stores. Both types of dealers are all obligated to do private party transfers.

• REQUIRED DURING YOUR APPOINTMENT:

• You’ll need your California ID

• FSC – Firearm Safety Certificate

• Both seller and buyer during the transfer

• The buyer cannot be a prohibited person (person with a criminal record or a warrant for his/her arrest).

Just to let you know that there are a few types of Private Party Transfer (PPT) with having variation of California law. These are:

Private Party Transfer are between two California residents. This type of transfer are your most typical firearm transfers.

These are to individuals who are transferring their firearms which requires an FFL dealer to process the background check.

PPT between family members who reside in California which does NOT require an FFL dealer. This is sometimes called Intrastate familial transfer with completely different sets of rules than the PPT between two non-related individuals.

PPT between family members where one lives here in California and the other family member lives in another state. This is sometimes called Interstate familial transfer with a slightly different rules compared to a typical PPT.

I will only discuss about the typical PPT between two California residents. I will go into details about familial transfer in two separate videos since the rules are different with intrastate familial versus interstate familial transfer.

How can someone sell their used gun or firearm in California? Well, there are several ways to go about it.

You can find a consignment FFL dealer in San Jose or in your city to sell your gun (dealers who are in business of consignment requires additional permit from California which most FFL do not possess.

OR

Find a buyer who is not a prohibited individual willing to pay your price. This could be your friend or neighbor. You can also go online.

• Calguns or Gunbroker as two online sites as an example where you can sell your guns.

Once you have a buyer, you must then find an FFL dealer in your area who agrees to transfer your firearm.

Schedule an appointment with the dealer making sure that the buyer and the dealer will be present at the same time. This is a requirement by the California Department of Justice.

What are required for the buyer and seller when both arrive at the FFL dealer office? You will need the following to bring to your FFL dealer in San Jose.

• California ID or driver’s license with your current address.
• If your ID does not have your current address, then your car’s registration with your current address will be needed. Read more here: https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/chapter4.pdf
• Both parties must be present for the transfer to occur per CA DOJ requirement.
• Buyer will require a firearm safety certificate (FSC).
• Buyer must not be a prohibited individual – meaning they have not been convicted of a crim (felony or misdemeanor and that they have not been dishonorably discharged from the military) or have a warrant for your arrest because you didn’t pay your speeding ticket. See this link: https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/prohibcatmisd.pdf
• Payment

The FFL will be required to file the necessary paperwork via Form 4473 background check. Once the Form is submitted, the buyer is required to wait 10 days prior possessing the firearm.

Somethings you need to know:

FFL dealer in San Jose or any dealer in any California city cannot charge no more than $10 fee for intrastate private party transfer but this fee does not include the DROS fees. The total ncludes both the FFL fee and the DROS is $47.19.
Penal Code 28055
A licensee (FFL Dealer) shall agree to and shall act properly and promptly in processing firearms transactions pursuant to Chapter 5 (commencing with Section 28050)
Specifically – Penal Code 26825
It is essentially EVERY FFL dealer’s obligation to process Private Party Transfer.
Unfortunately, there are many FFL dealers who are refusing or circumventing intrastate PPT since it is time consuming for only $10. Remember that the average FFL dealer fee is about $80 just to cover their cost to do business. Perhaps, you can give the dealer a good online review on Google and Yelp to return the favor.
Both the buyer and seller who are California resident must be present for the transfer to occur.
Buyer cannot be prohibited individual and must be the age of 21 years of age or older.
Required documents must be provided during the appointment.
Proof of California residency required if your CA driver’s license does not include your current address:
https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/chapter4.pdf

Private party transfer has a few exemptions from the State law. These are:

PPT exempt from 1 handgun in 30 days
Penal Code 27535(b)(8)
This does NOT apply to City of Los Angeles.
Private Party Transfer are exempt from the Roster.
(Penal Code 12132(a))
Private Party Transfer transactions are subject to the 10-day wait period.

You can read more about these laws by reading CHAPTER 5. Procedure For a Private Party Firearms Transaction [28050 – 28070] 

Firearm transfer to family members are the easiest and the cheapest almost hustle free transfer not requiring a FFL Dealer.

Video Transcription

Hello brothers and sisters. Did you know that there’s a way to get guns without a Federal Firearm License – FFL Dealer in San Jose or California? That’s right! In this video, I will give you all the 411 to take advantage of this California law.

For you to take advantage of this law, it must be a transfer within your family…and they must all be IN CALIFORNIA. Stick to the very end so that I can explain certain loopholes for this type of transfers.

You see, gifting of firearms within a family doesn’t fall under the rules and regulations of what FFL dealers In San Jose must follow. Firearm transfers between family members falls under several penal codes and laws:

These codes and laws are:

ARTICLE 6. from Penal Code 27850 through 27970

• Article 6 list the regulations about Private party transfer. However, we are Specifically interested in the California Penal Code 27875 which deals with Intra-state Familial Transfers
• California Penal Code section 16990
  • This PC is related to the transfer of firearm between married couple or domestic partners called “transmutation of property”.  
    • Transmutation of property means to change form, and in the context of California, “transmutation means that property has changed form or character in one of the following ways: … Property changed from one party’s separate property to the other party’s separate property.”
• “Operation of Law” is a law which applies or tied into the reason why FFL dealer is not required for these types of transfers. 
  • This law means that an individual acquires certain rights or liabilities through no act or cooperation of his or her own, but merely by the application of the established legal rules to the particular transaction.

There are separate rules for interstate familial transfer. INTERSTATE AS IN BETWEEN TO SEPARATE STATE such as a father from Texas gifting his/her child, a California resident, a firearm. I will not discuss the different set of rules for interstate ppt. If you want me to make a video, let me know in the comment section. You can also give us a thumbs up and subscribe to receive timely information that you’ll need to get more guns!!

First, Let’s go over “Intra-Familial Firearm Transfer”. This type of private party transfer of firearm is covered by California Penal Code 27875. Here are rules you need to know so that you do not break any laws.

• Nuclear Family from parent to child or child to parent (a legally adopted child is allowed) (Penal Code 16720)
• Grandparents to Grandchild is ALLOWED.
• Unfortunately, transfers amongst sibling and step children or step-parents are not allowed.
• The recipient and the donor of the firearm must be both California residents.
• Family members involved must be 18 y/o or older.
• The recipient must have firearm safety certificate (FSC) prior to receiving the firearm. You can get FSC at any gun store.
• The recipient cannot be a prohibited individual. Meaning, they must not have criminal records.
• The firearm must not be defined as an “assault weapon” under California law.
• If you are taking advantage of this regulation, you must know that the donor can only have up to 6 transaction per year (Penal Code Section 16730).
  • And transfer up to 50 firearms per year.
• The term “transaction” is defined as one single sale or one transfer (a transfer can be 1 to 50 firearms per transfer).

Lastly, lets discuss partnership in bonding.

Married or Domestic Partners are mentioned in Penal Code section 16990 section (G) covers the “transmutation of property” this is written in California Family Code Section 850.

A spouse or domestic partner can gift a firearm to their partners by way of “transmutation of property” and operation of law without using FFL dealer San Jose or anywhere in California. Furthermore, ARTICLE 1 penal code 26500 through 26590 list all of transfers that does not require FFL dealers. What we are specifically interested in is Penal Code 26500 Section (A) A person acting pursuant to operation of law.

Intra-State familial transfer, like I said, does not require FFL dealers San Jose. What’s awesome about this type of transfer is that it doesn’t have to follow the rules and regulations that FFL dealers must follow. What are these rules that you’re exempted from following while transferring to family members?

Are you ready? Here are the fantastic exemptions. You are exempted from:

1 handgun in 30 days

• Typically, anyone purchasing a firearm, is limited to one handgun per 30 days.
• Starting July 1, 2021, this 1 in 30 will include semi-automatic centerfire rifles.
• Thank goodness you do not have to follow this reg. Be aware that other FFL dealers will tell you that you’re wrong if you mention that you’re exempted from this rule but trust me, you are. I can’t find the specific regulation but BOF Form 4544A states “B. Firearm(s)Information (To report additional firearm(s) copy and attach additional applications)” and if it wasn’t allowed, then that means you’ll be paying $19 for each firearm. Furthermore, if you were not exempted from this rule, and God forbid, one of your parents died who happens to have twenty-four firearms. Then it will take you over two years and cost you $456 to report it if you weren’t exempted from this specific regulation.
• 10-day waiting period.
• Which means the FFL dealer San Jose or any FFL in California will hold your firearm for 10 days before you can have possession of your toy. However, not with this type of transfer.
• 18 through 20-year-old individuals can legally possess the firearm unlike traditional firearm transfers.
• In the State of California, you must be 21 years of age to legally possess a handgun which is mentions in penal code section 27510
• The gifted Firearm can be “off roster” such as Glock 17 gen 5. Glock Gen 4 and 5 are just two examples of the hundreds of guns that we can’t buy here in California since they are off roster handgun meaning you cannot buy it brand new since the State of California passed microstamping laws for newly made guns in 2007 and took effect in 2013 with the approval of then Attorney General Kamala Harris. Any handgun made after 2013 is deemed unsafe and cannot be sold in the State of California if it is not microstamped. I do digress!

If you meet these requirements, under Penal Code 27875(a)(3) you must report the transfer within 30 days directly to the California DOJ by filling out an application called BUREAU OF FIREARMS Form 4544A and also called Report of Operation of Law or Intra-Familial Firearm Transaction All of the instructions are included in the application for you to follow.

Your cost will be $19 and your time.

Alternatively, you can create an account with California Firearms Application Reporting System (also known as CFARS) and you can report it electronically. I will not go over that since filling out the form is the easiest in my opinion.

The Work Around:

A little bonus section: Since siblings and step kids or step parents are not included in this sweet deal, here are legal ways to make this work. If two siblings want to gift another sibling a firearm then they can transfer the gun to one of their parents, then the parent can then gift the gun to the other child. This should work also with step children too. For example, if a generous step father wants to gift his step son a firearm. All he has to do is gift the gun to his wife by way of “transmutation of property” who then can gift the firearm to her biological child. Everyone involve must be a resident of California to avoid using FFL dealer San Jose or any FFL in California.

If you want me to cover interstate familial transfer which has a few similar benefits, then hit the thumbs up and subscribe so you receive notification when I create and upload that video.

That’s about it. Simple and easy-peasy transfer.

Thank you. My name is Mike your local FFL dealer San Jose.  

 

Family Firearm Transfer Process:

In California, familial transfer of firearms is permitted under certain conditions. To receive an off-roster firearm from a relative, they must be a direct ancestor or descendant, such as a grandparent, parent, or child. However, relatives such as uncles and siblings do not qualify under this provision.

NOTE: Magazine 10 rounds or less and No threaded barrels

Required Documentation:

You’ll need a letter confirming your relationship to the person gifting you the firearm. This letter should include details such as the serial number, make, and model of the firearm. Additionally, it must be physically signed by the giver; digital signatures are not accepted. Alongside the letter, include a clear photocopy of a valid DMV ID or driver’s license.

In addition to the above statement, please read this page for documentation required for your background check: QUICK REFERENCE – FFL Dealer Sunnyvale (ffl-dealer.com)

Shipping:

Long guns can be shipped through USPS, while handguns are limited to UPS and FedEx. Alternatively, to simplify the process, you can purchase the handgun from our online store, which will then be sent to our Sunnyvale office. If your relative opts to purchase from our online store, please inform us beforehand. Purchases from our online store enjoy free shipping and are exempt from FFL fees. You will not be able to get the magazine if it arrives with 11 rounds or more capacity. Out online store is: www.TacticCALGunStore.com

Fees:

A $100 FFL fee.
DROS fee is $37.10.

If purchased from my online store:
FFL Fee $0
DROS fee is $ 37.19

What’s Next?
Once your relative ships the firearm, you’ll need to wait until it arrives at our office. Once we’ve received the firearm, you’ll receive an email by the end of the day with instructions on scheduling your appointment and providing the required documents.

Example letter:
Please provide one letter and one copy DMV ID for each firearm. Two firearms = two letters / two copies of ID.

Subject: Firearm Gift
To: FFL Dealer Sunnyvale

This letter is to confirm that I am gifting the firearm(s) listed below to ______________ (name) their phone number is _______. This person is my ___________ (relationship). I am including a copy of the front and back of my state Driver’s License/ID Card for documentation purposes.

Wet Signature: ____________________________

Address:
City / State:
Phone Number:

Make/Manufacturer:
Model:
Caliber:
Serial Number:

Proof of residency:
See this pdf: https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/chapter4.pdf