Philadelphia Business Daily

How do you legally transfer gun ownership to another person in California?

What paper work or anything else do you need to legally tranfser gun ownership from one person to another in California?

Public Comments

1. Ask an attorney.
2. All transfers need to be done through a gun store. Edit: Giving us all thumbs down? Even private sales must go through an FFL holder. So you still have to fill out the 4473. I don't know if you have to wait 10 days like you have to for new guns.
3. 1. Recommended. The safest way to avoid problems with the massive amounts of gun laws in California is to go to a gun store and have them help you sell the gun to the other party. You may have to pay the gun store some money for their help but they will ensure you do it correctly and do not have to worry about a knock on the door. #2. Another way is to meet your party in Nevada and sell them the gun there. There is no restriction on private party sales in Nevada. After the sale, the new owner can take the gun back to California and he will have to deal with all the legalities. If the gun needs to be registered, he will have to do it. If the gun is one of those banned, he will have to deal with that also. (It is such a shame that we have to jump through hoops trying to exercise our Constitutional rights.)
4. Unfortunately, California has some of the worst gun laws in the country. In free states, a private party transfer involves (drumroll...) selling your gun to someone. You can't sell it to someone who's a felon, but otherwise it's just a piece of property like anything else. In California, they harass gun owners by making you do the transfer through a dealer (whose licenses they limit to make a bottleneck) so that you have to pay a fee and wait. Basically, go to a gun store, unless you know someone with a dealer's license. Just another way to charge you for your Bill of Rights, and make life as difficult and expensive as possible... I would definitely go the Nevada route. If you happen to sell your gun to someone in Nevada, and they happen to bring it to California, then that's that. Paying yet another artificial cost to exercise your 2nd Amendment rights is as offensive as having to pay a fee for your 1st Amendment rights.
5. Depends on if it's a private party sale or Operation of Law Transfer. Private party sales must be completed through a licensed dealer, all the appropriate paperwork completed and fees paid. For long guns the DROS Fee (Dealer Record of Sale) will be $25 plus any handling fee the dealer wants to charge (it pays to shop around). The same DROS fee for handguns, but the buyer will need to have an HSC (Handgun Safety Certificate)--also $25 and you have to take a test that is usually available from any dealer selling handguns. \ Transfers between specified family members may be directly registered by the recipient. I have included a link to the form. It's a little cheaper and there is no waiting period. Do not try the going out of state suggestion, it is illegal under current California law. (I don't know about violations of Nevada law.) The seller breaks no California laws when selling a firearm out of state, but the buyer is breaking the law when they bring it back into California. This is a fairly recent ruling that was issued because California residents were traveling out of state to buy handguns from private parties that are otherwise unavailable to California residents, i.e. not on the Approved Handgun List.
6. The other responses are kind of correct... In California, only licensed California firearms dealers who possess a valid Certificate of Eligibility (COE) are authorized to engage in retail sales of firearms. These retail sales require the purchaser to provide personal identifier information for the Dealer Record of Sale (DROS) document that the firearms dealer must submit to the Department of Justice (DOJ). There is a mandatory ten-day waiting period before the firearms dealer can deliver the firearm to the purchaser, during which time DOJ conducts a firearms eligibility background check to ensure the purchaser is not prohibited from lawfully possessing firearms. Although there are exceptions, generally all firearms purchasers must be at least 18 years of age to purchase a long gun (rifle or shotgun) and 21 years of age to purchase a handgun (pistol or revolver). Additionally, purchasers must be California residents with a valid driver’s license or identification card issued by the California Department of Motor Vehicles. Generally, it is illegal for any person who is not a California licensed firearms dealer (private party) to sell or transfer a firearm to another non-licensed person (private party) unless the sale is completed through a licensed California firearms dealer. “Private party transfers” can be conducted at any licensed California firearms dealership that sells handguns. The buyer and seller must complete the required DROS document in person at the licensed firearms dealership and deliver the firearm to the dealer who will retain possession of the firearm during the mandatory ten-day waiting period. In addition to the applicable state fees, the firearms dealer may charge a fee not to exceed $10 per firearm for conducting the private party transfer. The infrequent transfer of firearms between immediate family members is exempt from the law requiring private party transfers to be conducted through a licensed firearms dealer. For purposes of this exemption, “immediate family” means parent and child, and grandparent and grandchild but does not include brothers or sisters. Please note if the firearm being transferred is a handgun, prior to taking possession of the firearm, the transferee must comply with the Handgun Safety Certificate requirement described below. Within 30 days of the transfer he/she must also submit a report of the transaction to DOJ. You may obtain the required report form (FD 4542) by contacting the DOJ Firearms Division at (916) 227-3703 or you can download the form yourself from the Firearms Division web site at www.ag.ca.gov/firearms/forms. The reclaiming of a pawned firearm is subject to the DROS and 10-day waiting period requirements.
7. “Wake up America! Obama is attempting to limit your gun ownership rights by secretly introducing legislation through Attorney General Eric Holder, said legislation to curtail gun ownership!” Berg continued, “ It is very important to be aware of a new bill HR 45 introduced into the House. This is the Blair Holt Firearm Licensing & Record of Sale Act of 2009. [I learned about this from the Peter Boyles radio program.] Even gun shop owners didn't know about this because it is flying under the radar. To find out about this - go to any government website and type in HR 45 or Google HR 45 Blair Holt Firearm Licensing & Record of Sales Act of 2009. Basically this would make it illegal to own a firearm - any rifle with a clip or ANY pistol unless: •It is registered •You are fingerprinted •You supply a current Driver's License •You supply your Social Security # •You will submit to a physical & mental evaluation at any time of their choosing •Each update - change of ownership through private or public sale must be reported and costs $25 - Failure to do so you automatically lose the right to own a firearm and are subject up to a year in jail. •There is a child provision clause on page 16, section 305 stating a child-access provision. Gun must be locked and inaccessible to any child under 18. They would have the right to come and inspect that you are storing your gun safely away from accessibility to children and violations are punishable for up to 5 yrs. in prison.