Author: MICHAEL

California’s AB 173: Navigating the New 1-in-30 Firearm Purchase Law

As of January 2024, California has introduced Assembly Bill 173 (AB 173), a legislative measure that impacts firearm enthusiasts and purchasers across the state. AB 173 restricts individuals to purchasing only one firearm per 30-day period. This unconstitutional law, while seen by some as a regulatory burden, can be navigated effectively by informed and responsible gun owners. In this article, we will delve into the specifics of AB 173, its implications for firearm enthusiasts, and what you need to know to stay compliant and continue enjoying your Second Amendment rights.

Understanding AB 173

AB 173 is a law passed by the California State Legislature and signed into law to regulate the frequency of firearm purchases. The core provision of this law is the limitation on the number of firearms an individual can buy within a 30-day period. This applies to all types of firearms, including receivers, frames, rimfires, handguns, rifles, and shotguns.

Key Provisions of AB 173

1. 30-Day Purchase Limitation:
   • Individuals are now restricted to purchasing one firearm every 30 days. This rule is designed to prevent stockpiling and potential trafficking of firearms but can be seen as an opportunity to make more thoughtful and planned purchases.
2. Enhanced Background Checks:
   • The law mandates more rigorous background checks, ensuring that all legal and safety requirements are thoroughly met before approving any firearm purchase. This helps reinforce the integrity and responsibility of lawful gun owners.
3. Amendment to Penal Code Section 27545:
   • Penal Code Section 27545 has been amended to include specific exemptions and conditions under which the 30-day limitation may not apply. These exemptions include purchases by law enforcement officers, licensed firearms dealers, private security companies, and individuals replacing lost or stolen firearms. Additionally, individuals with special permits may also be exempt from the 30-day restriction. If you have a Curio & Relic (FFL #3) license, also known as firearms collector, you are allowed to purchase more than one firearm in 30 days. For this to work, the collector must also have a C.O.E.
4. Dealer Compliance:
   • Firearms dealers are required to enforce this limitation, ensuring that no individual can purchase more than one firearm in 30 days. This underscores the importance of working with knowledgeable and compliant dealers.
5. Penalties for Non-Compliance:
   • Violating the 1-in-30 rule can result in significant penalties, including fines, suspension of firearm purchasing rights, and even criminal charges. Compliance ensures that responsible gun owners avoid legal issues.

Why AB 173 Was Implemented

AB 173 was introduced as part of California’s efforts to regulate firearm purchases. By limiting the number of firearms an individual can purchase within a specified period, the law aims to:

• Reduce Illegal Trafficking: Prevent bulk purchases that could be diverted to the black market.
• Promote Responsible Ownership: Encourage buyers to make considered, thoughtful purchases.
• Enhance Public Safety: Decrease the chances of firearms falling into the wrong hands through stringent background checks and purchase limitations.

Staying Compliant and Informed

As a firearm enthusiast, staying informed about changes in legislation is crucial. Here are some steps to ensure compliance with AB 173:

• Regular Updates: Keep abreast of updates from the California Department of Justice and other relevant authorities.
• Consult with Dealers: Work with knowledgeable and licensed firearms dealers who can provide guidance and ensure your purchases comply with the new law.
• Education: Continuously educate yourself on safe and responsible firearm ownership practices.

Conclusion

Assembly Bill 173, as codified in Penal Code Sections 27535, 27540, and 27545, introduces significant changes to the way firearms are purchased in California. By understanding and adhering to the provisions of this new law, firearm enthusiasts can continue to enjoy their passion responsibly and legally. While the 1-in-30 rule may require some adjustments, it also underscores the importance of thoughtful and responsible gun ownership. Embrace this opportunity to demonstrate the positive aspects of the firearm community and your commitment to lawful and safe gun ownership.

Single Shot AR Pistols in California: A Comprehensive Guide

Single shot AR pistols are a unique category of firearms that have gained popularity in California due to the state’s strict gun laws. This guide will cover the legal framework, acquisition process, and other relevant information for those interested in purchasing a single shot AR pistol in California.

TacticCAL – We sell our very own AR pistol single shot

Legal Framework

California has some of the most stringent gun laws in the United States, and this extends to AR pistols. Here are the key legal points regarding single shot AR pistols:

1. Definition and Configuration:
   • A single shot AR pistol is defined as a pistol that can only fire one round before needing to be manually reloaded.
   • Usually, it does not have magazine but a “sled” where you can load on bullet at a time. However, Franklin’s CA7 does have a magazine and they call their pistol “bolt action repeater” but lacks the gas tube which makes it a single shot.
2. Compliance with California Laws:
   • The pistol must comply with California’s overall firearm regulations, which requires a fixed magazine and cannot have a forward pistol grip.
   • It should not be classified as an assault weapon under California law, which dislikes AR-15 style firearms. Lacking a fixed magazine on your single shot AR makes it an assault weapon under California law.
3. Roster of Handguns Certified for Sale:
   • California maintains a roster of handguns certified for sale, but this roster does not apply to single shot pistols. Single shot AR pistols, therefore, do not need to be listed on the roster, which is a significant loophole used to purchase these firearms legally.

Where and How to Buy a Single Shot AR Pistol

1. Licensed Firearms Dealers:
   • You can purchase single shot AR pistols from licensed firearms dealers who are familiar with California’s laws. These dealers typically offer AR pistols that have been modified to comply with single shot regulations. As a FFL 7, I am allowed to assemble single shot AR pistols. We are currently selling single shot AR made whatever receiver you’d like or purchase one that is already available at our shop. Starting Price for our own billet lowers is $999 which includes quality parts.
2. Online Retailers:
   • There are online retailers specializing in California-compliant firearms. Ensure that any online purchase is shipped to a local Federal Firearms License (FFL) holder who will handle the transfer in accordance with state laws. Franklin Armory, Juggernaut Tactical (we are a dealer), and Camdon Defense are the three AR pistols that are currently on the roster.
3. Private Party Sales:
   • Private Party sales are also an option, but they must be conducted through an FFL dealer to ensure legal compliance, including the necessary background checks and documentation.

Purchasing Process

1. Background Check and Waiting Period:
   • All firearm purchases in California, including single shot AR pistols, require a background check and a 10-day waiting period. This is mandatory and applies to both dealer and private sales.
2. Firearm Safety Certificate (FSC):
   • Prospective buyers must obtain a Firearm Safety Certificate (FSC) by passing a written test on firearm safety. This certificate is required for the purchase of most firearms in California.
3. Documentation:
   • You will need to provide valid identification, proof of residency, and complete all necessary paperwork as required by state law much like othe firearms.
4. Transfer and Delivery:
   • After the 10-day waiting period and successful background check, the firearm can be transferred to you by the FFL dealer. Ensure that the firearm remains in its single shot configuration to remain compliant with state laws.

Other Pertinent Information

• Modifications Post-Purchase:
  • Personal opinion – Much like with a used car, when you own a firearm, you should be able to modify it however you see fit. You can change the engine, repaint it, replace the upholstery, and make any other changes you desire. None of these modifications are illegal, and they don’t constitute manufacturing a new car.
    
    Similarly, peace officers in California are allowed to purchase “unsafe handguns” and then sell them to the general public at twice the MSRP, which is not considered illegal. These off-roster firearms, deemed “unsafe,” are now owned by thousands of Californians. The Unsafe Handgun Act is unconstitutional, but this still needs to be proven in court.
  • Be aware that modifying the single shot AR pistol after purchase to enable semi-automatic fire or to accept detachable magazines may violate California law. California DOJ has stated:
    
    “The conversion of a single shot pistol to a semi-automatic pistol may constitute the manufacturing of an unsafe handgun, in violation of California Penal Code section 32000 (a), a misdemeanor.”
• Use and Transport:
  • Follow all state regulations regarding the safe storage and transport of firearms. Single shot AR pistols must be transported in a locked container, and unloaded while transporting.
• Staying Updated on Laws:
  • California firearm laws are subject to change. Regularly check for updates from the California Department of Justice and consult with knowledgeable dealers to ensure ongoing compliance.

By understanding and adhering to these guidelines, you can legally purchase and own a single shot AR pistol in California. Always prioritize safety and legal compliance to enjoy your firearm responsibly.

California’s latest move to introduce a “sin tax” on firearms and ammunition has sparked significant controversy among law-abiding gun owners and Second Amendment advocates. This new tax, aimed at discouraging gun ownership and generating additional revenue for the state, unfairly targets responsible citizens exercising their constitutional rights. The tax is set to go into effect on July 1, 2024.

What are taxed?
– Firearms
– Ammunition
– Precursor Parts

The law does not mention ammunition parts such as primers, projectiles, and casing. It also does not mention parts for the lower or upper receivers. However, it just a matter of time before they include everything else in the law.

A Misguided Approach

The term “sin tax” typically applies to products like cigarettes and alcohol, items consumed for pleasure that have clear, detrimental health impacts. Equating firearms with these products is a misguided approach. Firearms are tools used for a variety of legitimate purposes, including self-defense, hunting, sport shooting, and collecting. For many, owning a firearm is not only a right but a necessity for personal safety.

Burdening Law-Abiding Citizens

By implementing this tax, California places an additional financial burden on law-abiding citizens. Responsible gun owners already comply with extensive regulations, including background checks, waiting periods, and safety training. Adding another layer of cost penalizes those who follow the rules, rather than addressing the root causes of gun violence.

Impact on Low-Income Individuals

The firearm sin tax disproportionately affects low-income individuals who rely on firearms for protection in high-crime areas. These citizens may find it harder to afford the tools they need to ensure their safety. This tax effectively creates an economic barrier to self-defense, undermining the very purpose of the Second Amendment.

Questionable Efficacy

Proponents of the tax argue that it will reduce gun violence and fund public safety programs. However, there is little evidence to suggest that higher taxes on firearms will deter criminals, who typically do not purchase guns through legal channels. Instead, the tax will likely have minimal impact on crime rates while making it more difficult for responsible citizens to purchase firearms and ammunition.

Legal Challenge by CRPA

In response to this controversial new law, the California Rifle & Pistol Association (CRPA) has announced that it will be filing a lawsuit challenging the firearm sin tax. The CRPA argues that this tax infringes on the constitutional rights of gun owners and imposes an undue burden on those who legally own and use firearms. The lawsuit aims to overturn the tax and protect the rights of responsible gun owners across the state.

Alternative Solutions

Rather than imposing punitive taxes on gun owners, California should focus on measures that address the actual sources of gun violence. This includes improving mental health services, enhancing law enforcement capabilities, and promoting community-based violence prevention programs. Effective solutions should target criminal behavior, not penalize lawful gun ownership.

Conclusion

California’s new firearm sin tax, set to take effect on July 1, 2024, is a flawed policy that unfairly targets responsible gun owners without effectively addressing the root causes of gun violence. By burdening law-abiding citizens and disproportionately impacting low-income individuals, this tax undermines the principles of the Second Amendment. The CRPA’s lawsuit highlights the serious constitutional and practical issues with this tax. It is essential to pursue alternative strategies that enhance public safety without infringing on the rights of responsible firearm owners.

As enthusiasts and professionals alike explore the realm of precision rifles, two prominent offerings from Desert Tech stand out: the WLVRN and the MDRX. Each rifle represents the pinnacle of Desert Tech’s engineering prowess, yet they cater to distinct needs and preferences within the shooting community.

We are a Desert Tech Dealer.
No FFL Fee and Free Shipping
If ordered from FFL Dealer Sunnyvale / TacticCAL.
Email Us for Any questions.

Design Philosophy and Configuration

The Desert Tech WLVRN and MDRX share the same DNA of innovation and precision, but their design philosophies and configurations set them apart. While the WLVRN is primarily optimized for long-range shooting and precision applications, the MDRX leans towards versatility and adaptability in various tactical scenarios.

Operating Mechanism

One of the most noticeable differences between the WLVRN and MDRX lies in their operating mechanisms. The WLVRN employs a bolt-action system, renowned for its inherent accuracy and reliability. This system, favored by precision shooters, allows for smoother cycling and inherently tighter tolerances, enhancing consistency and precision over long distances.

In contrast, the MDRX features a semi-automatic, gas-operated action. This design prioritizes rapid follow-up shots and maneuverability, making it ideal for dynamic shooting environments where speed and versatility are paramount. The semi-automatic action of the MDRX also offers a higher rate of fire, catering to scenarios where engaging multiple targets quickly is essential.

There are 51 less parts in the WLVR compared to MDRX for increased reliability thus it is 1.5 pounds lighter.
WLVRN has Integrated the barrel mount and bolt carrier rails into the receiver.
WLVRN also completely redesign of the bolt carrier group.

Barrel Interchangeability

Another key distinction between the WLVRN and MDRX is their approach to barrel interchangeability. While both rifles offer modularity, the WLVRN’s quick-change barrel system is tailored for caliber swaps optimized for precision shooting. This feature enables shooters to adapt the rifle to different long-range scenarios, ensuring optimal performance with minimal downtime.

Conversely, the MDRX’s barrel interchangeability is geared towards versatility in a broader spectrum of applications. With its forward-ejecting / side ejecting system and compact design, the MDRX allows for effortless barrel swaps in the field, catering to users who require adaptability across various calibers and mission profiles without sacrificing reliability or performance.

Ergonomics and Handling

The Desert Tech WLVRN and MDRX prioritize ergonomics and handling, albeit with different emphases. The WLVRN’s ergonomic design is tailored towards precision shooting, featuring adjustable components to achieve a personalized fit for enhanced control and stability during long-range engagements. Every aspect of its design is optimized to facilitate precise shot placement and minimize shooter fatigue.

On the other hand, the MDRX’s ergonomic profile emphasizes versatility and ease of use in dynamic shooting scenarios. Its compact size and ambidextrous controls ensure intuitive handling and quick target acquisition, making it well-suited for close-quarters engagements and maneuvering in confined spaces.

Conclusion

In conclusion, while both the Desert Tech WLVRN and MDRX exemplify Desert Tech’s commitment to excellence, they cater to distinct segments of the shooting community. The WLVRN excels in precision shooting applications, offering unparalleled accuracy and consistency with its bolt-action design and optimized barrel interchangeability. In contrast, the MDRX prioritizes versatility and adaptability, featuring a semi-automatic action and forward-ejecting system for rapid follow-up shots and seamless caliber changes in dynamic tactical environments. Ultimately, the choice between the WLVRN and MDRX depends on the shooter’s specific needs, preferences, and intended use cases.

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