Purchase of Firearms, Part 1

Sales and Transfers of Firearms Laws

Anyone wanting to purchase or transfer ownership of a gun must do so through a licensed California firearms dealer. They are the only ones, by law, that are allowed to engage in retail sales of firearms. Part of the protocol requires the person purchasing the firearm to give the personal information necessary to fill out the Dealer’s Record of Sale (DROS) document. This document must be submitted to the Department of Justice by the licensed firearm dealer. Then the person purchasing the firearm must wait the 10-day mandatory waiting period, before he or she can obtain the firearm.

During the 10-day waiting period the DOJ will perform a background check to determine if the purchaser is allowed to possess a firearm. Generally, anyone wanting to purchase a firearm must be at least 18 years old in order to purchase a long gun (shotgun or rifle) and at least 21 years old in order to purchase a handgun (revolver or pistol). Also, the person purchasing a firearm, in California, must be a California resident with a valid driver’s license or an ID card issued but the California Department of Motor Vehicles.

Anyone wanting to complete a “Private Party Transfer” must still complete the sale in the presence of a licensed California firearm dealer. The parties involved would be required to fill out all the proper paperwork at the firearm dealership. The firearm would be retained by the licensed firearm dealer during the 10-day waiting period. Along with the fees that will need to be paid to the state, the firearms dealer may also charge a small fee, up to $10.00 per firearm, for conducting the private transfer.

There is one “exception” to this law, and that is the transfer between immediate family members.  They are exempt from having to complete a private party transfer. Immediate family in this case, is defined as parent and child, and grandparent and grandchild. Be aware the transferee must still comply with the Firearm Safety Certificate Requirement (which will be covered in another article, later this month). And a report of the transfer must be submitted with 30 days, to the DOJ.

Proof-of-Residency Requirements

In order to purchase a firearm in the state of California requires the person wishing to purchase a firearm to present a document that proves he or she is a California resident. Forms of proof include: a property deed or military permanent duty station orders stating assignment within California, a residential lease, which must be signed, or a utility bills from within the last 3 months. The address that is presented on one of these proof-of-residency documents or the address on the purchaser’s California driver’s license or ID card must match the information presented on the DROS form.