To sell a gun in California, you and the buyer must meet at a licensed firearms dealer, who runs the background check, collects the fees, and holds the firearm during a mandatory 10-day waiting period before releasing it to the buyer. Direct sales between private parties are illegal outside a narrow family exception. The process is called a Private Party Transfer, and every handgun, rifle, and shotgun sale between private citizens has to go through it.
Why You Cannot Sell Directly to the Buyer
California Penal Code Section 27545 requires that when neither party holds a dealer’s license, the sale must be completed through a licensed firearms dealer.1California Legislative Information. California Penal Code 27545 Handing a firearm to a buyer and taking cash for it is a crime for both of you. The dealer, often called an FFL, exists in the middle of the transaction to handle paperwork, run the background check through the Department of Justice, and physically hold the firearm during the waiting period.
Before you agree on a price or set a date, call the dealer you plan to use. Not every FFL processes private party transfers, and those that do set their own facilitation fees within the statutory cap.
What to Bring to the Dealer
Your Documents as the Seller
You need a valid, non-expired California Driver’s License or a California Identification Card issued by the DMV.2State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions – Section: What Is the Process for Purchasing a Firearm in California Bring the firearm unloaded and secured in a locked container. That is all the dealer needs from you.
What the Buyer Has to Bring
The buyer carries most of the paperwork burden, and if they show up short, the transfer stops before it starts. Confirm they have everything before you make the trip:
- A valid, non-expired California Driver’s License or DMV-issued Identification Card. Temporary licenses and temporary ID cards do not qualify.3State of California – Department of Justice – Office of the Attorney General. Firearms Dealers Frequently Asked Questions – Section: General FAQs
- A Firearm Safety Certificate. The buyer earns it by scoring at least 75 percent on a 30-question written test given by a licensed dealer or DOJ-certified instructor. The certificate is good for five years.4State of California – Department of Justice – Office of the Attorney General. Firearm Safety Certificate Program FAQs
- Proof of residency, but only if you are selling a handgun. Accepted documents include a utility bill dated within the last three months, a signed residential lease, a property deed, or a current government-issued permit or registration bearing the buyer’s name and address.5California Department of Justice. Title 11 Division 5 Chapter 4 – Evidence of Residency Documentation
How the Transfer Works Inside the Dealership
You and the buyer must appear together. The dealer inspects the firearm, confirms it is unloaded, and records the make, model, and serial number. Then the dealer fills out the Dealer Record of Sale, a state-mandated form under Penal Code Section 28210 that collects identifying information from both parties. The buyer signs the form and provides legal name, address, and date of birth. You receive a redacted copy that omits the buyer’s personal information.6California Legislative Information. California Code PEN 28200-28255 – Submission of Fees and Firearm Purchaser Information to the Department of Justice
The buyer pays the fees. The state DROS fee is $31.19 for one or more firearms transferred to the same person at the same time.7New York Codes, Rules and Regulations. California Code of Regulations 4001 – DROS Fees The dealer can charge up to $10 per firearm for facilitating the private party transfer.8California Department of Justice. Information Bulletin 2001 FD-01 – Requirement for Dealers to Conduct Private Party Transfers Some dealers add extra charges for storage or inspection, so ask about the full total before the appointment.
The 10-Day Waiting Period
Once the DROS is submitted, a mandatory 10-day waiting period begins. During those days the DOJ runs the background check.9California Legislative Information. California Penal Code 26815 California does not permit early release even if the check clears in an hour. All ten days have to run.
The Safe Handling Demonstration for Handguns
If the firearm is a handgun, the buyer has to complete a safe handling demonstration at the dealership before taking possession. The dealer walks the buyer through loading, unloading, and safely operating that specific handgun with proper muzzle and trigger control. Failure means no release.
Getting the Firearm to the Dealer Legally
A firearm being transported in a vehicle must be unloaded and stored in a locked container. Glove compartments and center consoles do not count as locked containers, even the ones that latch. Use a hard-sided case with a lock, a locked range bag, or the trunk of a sedan. The rule applies to handguns and long guns alike. When you carry the firearm from your vehicle into the dealership, keep it in the locked container the entire way, and let the dealer’s staff take it from there.
Selling to an Immediate Family Member
The one real exception to the dealer requirement is a transfer between immediate family members. Penal Code Section 27875 lets you give or transfer a firearm directly to an immediate family member without going through a dealer, provided the transfer is infrequent and not part of a pattern of buying and selling.10California Legislative Information. California Penal Code 27875 For firearm transfer purposes, immediate family means:
- Spouse or registered domestic partner
- Parent or child
- Grandparent or grandchild
Siblings, aunts, uncles, and cousins are not included. A transfer to any of them has to go through a dealer.
Even inside the exemption, the person receiving the firearm has to file a Report of Operation of Law or Intra-Familial Firearm Transaction (Form BOF 4544A) with the DOJ within 30 days of taking possession.10California Legislative Information. California Penal Code 27875 The form is mailed with a $19 processing fee paid by check or money order.11California Department of Justice. Report of Operation of Law or Intra-Familial Firearm Transaction – BOF 4544A The recipient must hold a valid Firearm Safety Certificate and be at least 18. Missing the BOF 4544A does not undo the transfer, but it is a separate violation that creates problems for both of you if the firearm ever turns up in a police report.
Firearms You Are Not Allowed to Sell
Some firearms cannot be sold in California under any arrangement. Selling an assault weapon or a .50 BMG rifle is a felony punishable by four, six, or eight years in state prison.12California Legislative Information. California Penal Code 30600 Short-barreled rifles and short-barreled shotguns are prohibited on the same terms.
Handguns work a little differently. California keeps a Roster of Handguns Certified for Sale, and licensed dealers generally cannot sell handguns that are not on the roster. A private party transfer of an off-roster handgun between two non-dealer individuals is permitted through a dealer acting as the intermediary. That matters if the handgun you own came from out of state, was inherited, or was on the roster when you bought it but has since been removed.
Prohibited Buyers and Straw Purchases
Selling a firearm to someone you know is prohibited from owning one is a crime. California’s prohibited categories include people convicted of any felony, people with certain violent or domestic-abuse misdemeanor convictions, and anyone subject to a restraining order.13California Department of Justice. California Department of Justice – Firearms Prohibiting Categories The DROS background check exists to catch these cases. Your job as a seller is to route the transaction through that check, not to run your own screening.
A straw purchase is when someone buys a firearm on behalf of another person who cannot legally buy one. Under federal law, that carries up to 15 years in prison and a $250,000 fine. If the firearm is used in a felony, terrorism, or drug trafficking, the ceiling rises to 25 years.14Bureau of Alcohol, Tobacco, Firearms and Explosives. Don’t Lie for the Other Guy If the person paying is clearly not the person who will end up with the gun, cancel the sale.
If the Buyer’s Background Check Fails
If the DOJ denies the buyer, the dealer will not release the firearm. California does not follow the federal default that lets a dealer transfer after three business days without a response. A delay is not an approval, and no approval means no gun.
Your firearm stays at the dealership. Once the denial is final you can retrieve it, though the dealer may charge a storage fee if you take a while. No money changes hands between you and the buyer unless you agreed otherwise; the state does not regulate refund arrangements between private parties.
Check the Buyer’s Recent Purchases Before April 2026
Starting April 1, 2026, California prohibits any person from purchasing more than three firearms in a single 30-day period.15California Department of Justice. Information Bulletin 2026-DLE-02 – New and Amended Firearms Laws The limit applies to the buyer, but it can stop your sale. If your buyer has already picked up three firearms in the previous 30 days, the dealer cannot process your transfer until the window resets. Before April 2026, the limit applied only to handguns and was capped at one per 30 days. The new rule covers all firearms and raises the cap to three.
Tax Consequences
A firearm you own for personal use is a capital asset. If you sell it for more than you paid, the profit is a taxable capital gain and belongs on your return.16Internal Revenue Service. Topic No. 409, Capital Gains and Losses A loss on a personal-use item is not deductible. Most private sales end at break-even or below, so the tax impact is usually nothing. If you are selling a collectible at a real markup, keep records of what you originally paid and what you sold it for.