Private party transfer

A Private Party Transfer is the legal name of a procedure in which an unlicensed individual sells to another unlicensed individual through the intermediary of a licensed gun dealer in California.

The procedure is codified at Penal Code section 28050 et seq.

California gun dealers are required to process Private Party Transfers.

Penal Code section 26825 requires, "A licensee shall agree to and shall act properly and promptly in processing firearms transactions pursuant to Chapter 5 (commencing with Section 28050)."

An attraction of Private Party Transfers in California is that it is one of the few ways that a person can acquire an off-roster handgun. Penal Code section 321

Penal Code section 32110 says:

Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:

(a) The sale, loan, or transfer of any firearm pursuant to Chapter 5 (commencing with Section 28050) of Division 6 in order to comply with Section 27545.

Penal Code regarding California “Private Party Transfer”

Firearms sales via Private Party Transfer must follow all the rules a sale directly from a dealer must follow.

Proof of identity and age 26815.

No firearm shall be delivered: (a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later. (b) Unless unloaded and securely wrapped or unloaded and in a locked container. (c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer. For handguns, handgun safety certificate (unless the buyer is exempt) 26840.

No dealer may deliver a handgun unless the person receiving the handgun presents to the dealer a valid handgun safety certificate. The firearms dealer shall retain a photocopy of the handgun safety certificate as proof of compliance with this requirement. For handguns, proof of residency 26845.

(a) No handgun may be delivered unless the purchaser, transferee, or person being loaned the firearm presents documentation indicating that the person is a California resident. Handgun safety demonstration 26850.

(a) Except as authorized by the department, no firearms dealer may deliver a handgun unless the recipient performs a safe handling demonstration with that handgun. CA FFLs are obligated to handle PPTs. ARTICLE 2. Grounds for Forfeiture of License [26800. - 26915.] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

26825.

A licensee shall agree to and shall act properly and promptly in processing firearms transactions pursuant to Chapter 5 (commencing with Section 28050). PPT Fees must be posted 26875.

A licensee shall post conspicuously within the licensed premises a detailed list of each of the following: (a) All charges required by governmental agencies for processing firearm transfers required by Section 12806, Chapter 5 (commencing with Section 28050), and Article 3 (commencing with Section 28200) of Chapter 6. (b) All fees that the licensee charges pursuant to Section 12806 and Chapter 5 (commencing with Section 28050). PPT Fee listing must be accurate 26880.

A licensee shall not misstate the amount of fees charged by a governmental agency pursuant to Section 12806, Chapter 5 (commencing with Section 28050), and Article 3 (commencing with Section 28200) of Chapter 6.

One handgun in 30 days does not apply. ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500. - 27590.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

27535.

(a) No person shall make an application to purchase more than one handgun within any 30-day period. (b) Subdivision (a) shall not apply to any of the following: ... (8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050). Unlicensed persons MUST use a CA FFL for transfers (except intrafamilial transfer, and, until Jan 1 2014, long guns 50 years old and older) ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500. - 27590.] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

27545.

Where neither party to the transaction holds a dealer’s license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050). Definition of terms ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200. - 28250.] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

28200.

As used in this article, the following words have the following meanings: (a) “Purchase” means the purchase, loan, or transfer of a firearm. (b) “Purchaser” means the purchaser or transferee of a firearm or the person being loaned a firearm. (c) “Sale” means the sale, loan, or transfer of a firearm. (d) “Seller” means, if the transaction is being conducted pursuant to Chapter 5 (commencing with Section 28050), the person selling, loaning, or transferring the firearm. DROS information provided to PPT buyer or seller on request 28210. .. (f) If the transaction is a private party transfer conducted pursuant to Chapter 5 (commencing with Section 28050), a photocopy of the original shall be provided to the seller or purchaser by the dealer, upon request. The dealer shall redact all of the purchaser’s personal information, as required pursuant to subdivision (a) of Section 28160 and subdivision (a) of Section 28165, from the seller’s copy, and the seller’s personal information from the purchaser’s copy. The Roster does not apply to PPT 32110.

Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following: (a) The sale, loan, or transfer of any firearm pursuant to Chapter 5 (commencing with Section 28050) of Division 6 in order to comply with Section 27545.

http://leginfo.legislature.ca.gov/fa...er=5.&article= CHAPTER 5. Procedure For a Private Party Firearms Transaction [28050. - 28070.] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )

28050.

(a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Sections 26700 to 26915, inclusive, in accordance with this chapter in order to comply with Section 27545. (b) The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm. (c) The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with Section 27540. (d) If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 26815 and 27540, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of Section 27500, 27505, 27515, 27520, 27525, 27530, or 27535. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000. (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

28055.

(a) For a sale, loan, or transfer conducted pursuant to this chapter, the purchaser or transferee or person being loaned the firearm may be required by the dealer to pay a fee not to exceed ten dollars ($10) per firearm. (b) No other fee may be charged by the dealer for a sale, loan, or transfer of a firearm conducted pursuant to this chapter, except for the applicable fees that may be charged pursuant to Sections 23690 and 28300 and Article 3 (commencing with Section 28200) of Chapter 6 and forwarded to the Department of Justice, and the fees set forth in Section 31650. (c) The dealer may not charge any additional fees. (d) Nothing in these provisions shall prevent a dealer from charging a smaller fee. (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

28060.

The Attorney General shall adopt regulations under this chapter to do all of the following: (a) Allow the seller or transferor or the person loaning the firearm, and the purchaser or transferee or the person being loaned the firearm, to complete a sale, loan, or transfer through a dealer, and to allow those persons and the dealer to preserve the confidentiality of those records and to comply with the requirements of this chapter and all of the following: (1) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2. (2) Article 1 (commencing with Section 27500) of Chapter 4. (3) Article 2 (commencing with Section 28150) of Chapter 6. (4) Article 3 (commencing with Section 28200) of Chapter 6. (b) Record sufficient information for purposes of Section 11106 in the instance where a firearm is returned to a personal firearm importer because a sale or transfer of that firearm by the personal firearm importer could not be completed. (c) Ensure that the register or record of electronic transfer shall state all of the following: (1) The name and address of the seller or transferor of the firearm or the person loaning the firearm. (2) Whether or not the person is a personal firearm importer. (3) Any other information required by Article 2 (commencing with Section 28150) of Chapter 6. (Amended by Stats. 2011, Ch. 745, Sec. 47. Effective January 1, 2012.)

28065.

Notwithstanding any other provision of law, a dealer who does not sell, transfer, or keep an inventory of handguns is not required to process private party transfers of handguns. (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

28070.

A violation of this chapter by a dealer is a misdemeanor. (Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)