California Penal Code 27545 requires almost every private firearm sale, gift, or loan to be processed through a licensed California firearms dealer. The dealer takes custody of the gun, runs a background check on the person receiving it, and holds it during a mandatory waiting period before releasing it. The rule covers handguns, rifles, and shotguns alike, and skipping it is a crime. A short list of family and gunsmith exemptions exists, but they’re narrower than most people assume.1California Legislative Information. California Code Penal Code 27545
How the Dealer Transfer Works
If neither person in the transaction holds a dealer’s license, the deal must go through a California-licensed firearms dealer (an FFL, for Federal Firearms Licensee). The seller delivers the firearm to the dealer. The dealer enters the transaction into the state’s Dealer Record of Sale (DROS) system, which sends the buyer’s information to the California Department of Justice for a background check. A mandatory waiting period then begins. The buyer cannot take the firearm home until the waiting period expires and the DOJ approves the transfer.2State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions
The buyer has 30 days from the DROS submission to pick up the firearm. Miss that window and the dealer must cancel the transaction. Starting over means a new DROS and paying the fees again.3State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions Put the pickup deadline on your calendar the day the paperwork goes in.
What It Costs
The state DROS fee is $31.19, collected by the dealer at the time of the transaction. That single fee covers one or more firearms transferred to the same person at the same time.4State of California – Department of Justice – Office of the Attorney General. Regulations: Dealer Record of Sale (DROS) Fee (Emergency) On top of that, the dealer charges its own service fee for handling the paperwork and storing the firearm during the waiting period. Dealer fees vary, generally $10 to $50, and some shops charge substantially more. Call ahead.
Firearm Safety Certificate and Age
Before you can receive a firearm through a transfer, you need a valid Firearm Safety Certificate (FSC), and you must show it to the dealer when the transaction begins.5State of California – Department of Justice – Office of the Attorney General. Firearm Safety Certificate Program Frequently Asked Questions The certificate costs $25 and requires passing a 30-question written test with a score of at least 75%. The test covers basic firearm safety and California firearms law, and you can take it at any licensed dealer. The fee covers a second attempt if you fail. Once issued, the FSC is valid for five years.
For handgun transfers, the recipient also has to perform a safe handling demonstration at the dealer’s location before the firearm is released. That’s separate from the written test.
You must be at least 21 to receive any firearm through a dealer, which effectively means at least 21 for every private transfer covered by Section 27545. Dealers are prohibited from delivering firearms to anyone under 21.6California Legislative Information. California Code Penal Code PEN 27510 A narrow set of exceptions allows people aged 18 to 20 to receive certain long guns — not handguns and not semiautomatic centerfire rifles — if they hold a valid California hunting license, are active or honorably discharged military, or are an active peace officer or federal law enforcement agent authorized to carry a firearm on duty.
Exemptions From the Dealer Requirement
A short list of transfers can happen without going through a dealer. Each exemption has conditions, and none of them is as broad as people assume.
Immediate Family Gifts, Bequests, and Inheritance
You can transfer a firearm by gift, bequest, or inheritance to an immediate family member without using a dealer, provided the transfer is infrequent and the recipient is at least 18 with a valid FSC. California defines “immediate family” narrowly for this purpose: parent and child, or grandparent and grandchild.7California Legislative Information. California Code Penal Code 27875 Siblings, aunts, uncles, and cousins are not covered. Those transfers must go through a dealer.
The person receiving the firearm must file a Report of Intra-Familial Firearm Transaction with the California Department of Justice within 30 days of taking possession. You can file the DOJ form online, by prepaid mail, or in person.8State of California – Department of Justice – Office of the Attorney General. Firearms Reporting and Law Enforcement Release Application
Short-Term Loans to Family
Loans to family are exempt, with a slightly broader definition of family than the gift exemption: spouse, registered domestic partner, parent, child, sibling, grandparent, or grandchild. The loan must be for a lawful purpose, must not exceed 30 days, and must be infrequent. The borrower needs a valid FSC. If the firearm is a handgun, it must be registered to the person making the loan.9California Legislative Information. California Code Penal Code 27880
Gunsmith Repairs
Handing a firearm to a licensed gunsmith for service or repair, and getting it back afterward, does not require running the DROS process. The exemption is limited to legitimate repair or maintenance work.
Penalties for Skipping the Dealer
Transferring a firearm without going through a licensed dealer violates Penal Code 27590. The penalties depend on the type of firearm and the circumstances of the transfer.10California Legislative Information. California Code Penal Code 27590
- A basic violation involving a non-handgun firearm, such as a bolt-action rifle or shotgun, without aggravating circumstances, is a misdemeanor.
- If the illegal transfer involves a handgun or a semiautomatic centerfire rifle, the offense is a wobbler. Charged as a misdemeanor, it carries up to one year in county jail, a fine up to $1,000, or both. Charged as a felony, sentencing follows California’s realignment structure with a possible term of 16 months, two years, or three years.
- Certain aggravating factors make the charge a straight felony carrying two, three, or four years. Those factors include being a prohibited person (someone banned from owning firearms due to a felony conviction, certain mental health holds, or other disqualifications), having a prior conviction for an illegal firearms transfer, or involvement in criminal street gang activity.
The wobbler category is where most private-party violations land, because most person-to-person transfers that skip the dealer involve handguns. Prosecutors have discretion to charge these as misdemeanors or felonies based on the facts. A felony conviction also carries the additional consequence of permanently losing your right to own firearms in California.10California Legislative Information. California Code Penal Code 27590
When a Transfer Cannot Be Completed
Not every background check clears. When the DOJ cannot immediately determine whether the buyer is eligible, it can delay the transaction for up to 30 days from the DROS submission date.11State of California – Department of Justice – Office of the Attorney General. Bureau of Firearms If 30 days pass without a determination, the DOJ notifies the dealer, and whether to release the firearm is at the dealer’s discretion. Many dealers won’t, because they absorb the legal risk if the buyer later turns out to be prohibited. If the dealer declines and the pickup window also lapses, the DROS is canceled and the process restarts.3State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions
If the DOJ denies the check outright, the dealer cannot release the firearm to the buyer and returns it to the seller. If returning it to the seller would also be illegal because the seller is themselves prohibited, the dealer turns the firearm over to local law enforcement for disposal.12Justia. California Code Penal Code 28050-28070 – Procedure For A Private Party Firearms Transaction The state does not refund the DROS fee when a transfer fails.