Selling firearms in California involves a complex set of laws and regulations that can be daunting, especially for those unfamiliar with the process. Whether you’re an individual looking to sell a single firearm or an estate executor managing multiple firearms, understanding these regulations is crucial to ensuring a smooth and legal transaction. This guide will walk you through everything you need to know about selling firearms in California.

Understanding California’s Firearm Laws

California has some of the strictest firearm laws in the United States. These laws are designed to promote public safety and regulate the sale and transfer of firearms within the state. Here are the key points you need to know:

Who Can Sell Firearms?

In California, only licensed firearms dealers can legally sell firearms. This means that private sales between individuals are prohibited unless the transaction is conducted through a licensed dealer. This rule applies to all types of firearms, including handguns, rifles, and shotguns.

Requirements for Sellers

If you’re selling a firearm, you must:

• Conduct the Sale Through a Licensed Dealer: All firearm sales must go through a licensed firearms dealer. The dealer will handle the necessary paperwork and background checks.
• Provide Proof of Ownership: You must have proof that you legally own the firearm you intend to sell. This could be a receipt, bill of sale, or a registration document.
• Complete a Firearm Transfer Form: Both the buyer and seller must complete and sign a Firearm Ownership Record form, which will be submitted to the California Department of Justice.

Requirements for Buyers

Buyers must meet several criteria to purchase a firearm in California:

• Pass a Background Check: The buyer must pass a background check conducted by the licensed dealer.
• Provide Valid Identification: The buyer must present a valid California driver’s license or identification card.
• Complete a Firearm Safety Certificate: The buyer must have a valid Firearm Safety Certificate (FSC) unless they are exempt (e.g., active law enforcement).
• Wait 10 Days: There is a mandatory 10-day waiting period before the buyer can take possession of the firearm.

Steps to Selling Firearms in California

Selling a firearm involves several steps to ensure compliance with state laws. Here’s a step-by-step guide to help you navigate the process:

Step 1: Find a Licensed Firearms Dealer

The first step is to locate a licensed firearms dealer (FFL) in your area. The dealer will facilitate the sale and handle the legal requirements. You can find a list of licensed dealers on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website or through local directories.

Step 2: Prepare the Firearm for Sale

Before you take the firearm to the dealer, ensure it is unloaded and securely stored. It’s also a good idea to clean the firearm and make sure it is in good working condition. Gather any documentation that proves your ownership of the firearm.

Step 3: Complete the Necessary Paperwork

Both you and the buyer will need to complete the required paperwork. This includes the Firearm Ownership Record form, which must be submitted to the California Department of Justice. The licensed dealer will guide you through this process and ensure all forms are correctly filled out.

Step 4: Conduct the Background Check

The licensed dealer will conduct a background check on the buyer. This process typically takes a few minutes, but the buyer must wait 10 days before taking possession of the firearm. This waiting period is mandatory and applies to all firearm sales in California.

Step 5: Finalize the Sale

Once the background check is complete and the waiting period has passed, the buyer can take possession of the firearm. The licensed dealer will provide you with a receipt and record the sale in their books. Make sure you keep a copy of all documents for your records.

Selling Firearms from an Estate

If you are an executor of an estate that includes firearms, you may need to sell these firearms as part of the estate settlement. Here’s how to handle this situation:

Inventory and Appraise the Firearms

Start by creating an inventory of all firearms in the estate. It’s a good idea to have the firearms appraised by a professional to determine their market value. This step is crucial for estate valuation and distribution purposes.

Secure the Firearms

Ensure all firearms are securely stored and inaccessible to unauthorized individuals. California law requires that firearms be stored in a locked container or secured with a locking device.

Follow the Legal Sale Process

As with any firearm sale, you must go through a licensed dealer to sell the firearms from an estate. The dealer will handle the necessary paperwork, background checks, and waiting periods.

Special Considerations

There are some additional considerations to keep in mind when selling firearms in California:

Assault Weapons and High-Capacity Magazines

California has strict laws regarding assault weapons and high-capacity magazines. It is illegal to sell, transfer, or possess assault weapons and magazines that hold more than 10 rounds unless they are registered with the California Department of Justice. Consult with a licensed dealer to understand the specific regulations and ensure compliance.

Antique Firearms

Antique firearms, defined as those manufactured before 1899, are generally exempt from many of California’s firearm regulations. However, it’s still a good idea to consult with a licensed dealer to ensure you are following all applicable laws.

Interstate Sales

If you are selling a firearm to someone out of state, you must ship the firearm to a licensed dealer in the buyer’s state. The buyer must comply with all federal and state laws regarding firearm purchases in their state.

Tips for a Smooth Transaction

Here are some tips to help ensure a smooth and legal firearm sale in California:

• Work with a Reputable Dealer: Choose a licensed dealer with a good reputation to facilitate the sale. They can provide valuable guidance and ensure all legal requirements are met.
• Be Transparent with the Buyer: Provide clear information about the firearm’s condition, history, and any included accessories.
• Keep Detailed Records: Maintain copies of all documents related to the sale, including proof of ownership, the Firearm Ownership Record form, and the receipt from the licensed dealer.
• Understand the Buyer’s Obligations: Make sure the buyer is aware of their responsibilities, including obtaining a Firearm Safety Certificate and passing the background check.

How Johan Graham & Bid Fast and Last Can Help

At Bid Fast and Last, we understand that selling firearms can be a complicated and stressful process. Our team of experts is here to help you navigate the legal requirements and ensure a smooth transaction. Whether you are selling a single firearm or managing an estate with multiple firearms, we offer comprehensive services to assist you.

We can connect you with licensed dealers, handle appraisals, and manage the entire sale process from start to finish. Let us help you with the complexities of selling firearms in California, ensuring compliance with all regulations and providing peace of mind.

Contact us here and we’re happy to help you every step of the way.