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People's Republic of California gun laws

BoyWonderBoyWonder Member Posts: 63 ✭✭
edited June 2002 in Gun Rights and Constitutional Law
As a new resident of California (by orders, not choice) I've heard that it's illegal for a private citizen to sell a gun to another private citizen (i.e. classified ads have a warning saying all transactions must be conducted through an FFL holder). In reading through the state gun laws I came across this however, and I wanted to see if anyone else has any thoughts:

ARTICLE 4. LICENSES TO SELL FIREARMS
12070. (a) No person shall sell, lease, or transfer firearms unless he or she has been issued a license pursuant to Section 12071. Any person violating this section is guilty of a misdemeanor.
(b) Subdivision (a) does not include any of the following:
BREAK
(4) The infrequent sale, lease, or transfer of firearms.

Later on they define infrequent. This says to me that as long as you aren't in business you can sell your old hunting rifle face to face to another private citizen. Any other interpretations? Here's the reference:
http://caag.state.ca.us/firearms/dwcl/12070.htm
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Comments

  • EOD GuyEOD Guy Member Posts: 931 ✭
    edited November -1
    Nice try but not even close. The only firearms that can be transferred in a private party sale in California are C&R rifles and shotguns that are over 50 years old. All other transfers (with a few exceptions) must be processed through a dealer. The section you quoted only means that you don't need a license to do the transfer.
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  • daddodaddo Member Posts: 3,408
    edited November -1
    You should leave Kal. You have no rights there.
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  • Laredo LeftyLaredo Lefty Member Posts: 13,451 ✭✭✭
    edited November -1
    The term "Private Party Transfer" is somewhat up to interpretation. A hand to hand sale without going thru a dealer is not legal. A private party transfer, which is the term put on the D.R.O.S. form by the dealer so that the D.O.J. will know it was that type of sale. In Cal handguns must be on the approved list to be sold here, and there is a limit of one gun a month to handgun buyers. However, If the sale is a "Private Party Transfer", it is exempt from both having to be on the list and the gun a month rule, but it still has to go through the licensed dealer.
    Before the gun a month law went into effect I would buy maybe 2 handguns a year, now I buy one every month.
    Happy shootin, Joe
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  • n4thethrilln4thethrill Member Posts: 366 ✭✭✭
    edited November -1
    MOVE there are some twisted people there

    you can be king or street sweeper but everyone is going to dance with the reaper
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  • P9S45P9S45 Member Posts: 1 ✭✭
    edited November -1
    Here's another CA law that many people do not know about.
    Welcome to the land of fruit and nut legislators.


    Effective January 1, 1998.

    If you are a new California resident and you own a handgun, you must report it or dispose of it within 60 days

    http://caag.state.ca.us/firearms/ab991.htm
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  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    There is absolutely NO way I would ever live in the Kalifornia Sozialist Republik. Every last one of my guns would be illegal anyway.

    Death to Tyrants!!!

    -Gunphreak
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  • White347LXWhite347LX Member Posts: 17 ✭✭
    edited November -1
    quote:
    A hand to hand sale without going thru a dealer is not legal. A private party transfer, which is the term put on the D.R.O.S. form by the dealer so that the D.O.J. will know it was that type of sale. In Cal handguns must be on the approved list to be sold here, and there is a limit of one gun a month to handgun buyers. Before the gun a month law went into effect I would buy maybe 2 handguns a year, now I buy one every month.
    Happy shootin, Joe


    Who votes for the people that make these laws?
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  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    Who votes these people into office? Probably the same idiots who thought they were voting for Algore when they voted for Buchanan would be my guess. These same pathetic little sheep depend on their Plutokrat shepherds to deliver them everything they want at the expense of those who really worked for what they wanted and needed.

    You know, I heard something interesting the other day from a dear friend of mine. Apparently, the queen of talk-show gun-grabbing, Rosie O'Donnell, who openly embraces the idea of gun control, has a pistol-packing body guard. Hypocrisy in it's finest, wouldn't you say???

    "Guns are not really necessary for defense, which is why the Armed Forces have thousands of them."

    "Trigger locks do not inhibit the use of a firearm for defense. That's why there are so many of the police have them on their duty pieces."



    Death to Tyrants!!!

    -Gunphreak
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  • imadorkimadork Member Posts: 147 ✭✭✭
    edited November -1
    The "one gun a month" rule doesn't apply to private party transactions, only sales from a dealer. I can see why they enacted that-- straw purchasing is the single largest source of crime guns, after all-- but the fact that they don't apply it to private transfers is a pretty big loophole. There is a de-facto registration requirement as well. Owners are listed on the DOJ's automated firearms record system so police can check who the owner is of any handgun found in your possession if you get stopped for a traffic violation, for example. It's meant to disarm gangs on the spot, but surely it gets misused. Presumably they could show up at your door after you're charged with a felony and confiscate all of your registered guns that they know of.

    Believe it or not, California actually has an official definition of a member of a "criminal street gang" and sentence enhancements for helping members of such gangs. Many of the codes are designed with gangs in mind, but they end up hurting us too.
    I'm not really a dork...I just play one on TV.
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