California has some of the strictest firearm laws and regulations in the United States. Because of this, you must be sure that you conduct yourself under the law in every action you take involving firearms.
That includes ensuring you properly complete a California firearm bill of sale when you conduct any transactions involving the purchase and sale of firearms.
- What Is a California Firearm Bill of Sale
- What Are the Requirements for Selling a Firearm in California?
- Documents Needed To Complete a Firearm Bill of Sale in California
- Additional California Gun Laws
- Concealed and Open Carry Laws in California
- California Firearm Reciprocity
- How To Write a Firearm Bill of Sale in California
- Summary
- California Firearm Bill of Sale Sample
What Is a California Firearm Bill of Sale
A California firearm bill of sale is a form proving gun ownership transfer. Sellers and buyers benefit from this form as it helps minimize risk when transferring a highly-regulated item.
Additionally, the state requires a California firearm bill of sale for every gun purchase.
What Are the Requirements for Selling a Firearm in California?
The requirements for selling firearms in California are quite different from those in other states due to the strict nature of the laws.
Pay attention to the requirements so that you avoid any legal hassles.
Private Parties Selling Firearms in California
California Penal Code Section 28050 explains the state’s ban on private firearms sales. You cannot sell a gun to another person without going through a California-licensed dealer.
A dealer must be a part of every sale of firearms within the state to allow for the proper documentation and background check reviews required under the law through the Dealer’s Record of Sale (DROS) process.
Does the Law in California Require a Firearm Bill of Sale?
A California firearm bill of sale is a requirement for every transaction. The formal process is the DROS, which provides a legally valid record of the purchase.
The DROS is an electronic report record of firearms sales and transactions that goes to the California Department of Justice.
Gun Inheritance Laws in California
You can inherit a firearm in California, but you must still go through a formal process for the transfer to be legal. You must register it with the state and ensure that you are legally allowed to own a firearm.
If you do not wish to keep it or you are not allowed to have the firearm, you must dispose of it. The transfer may differ depending on how the person leaves the firearm to you.
For example, if the person is a resident of California, you are over the age of 21, and you are receiving six or fewer firearms, then you probably will not have to go through a licensed dealer to complete the California firearm transfer form.
In addition, transfers between husband and wife, registered domestic partners, parent and child, or grandparent and grandchild are exempt from the licensed dealer requirement.
Still, you must meet certain requirements as if purchasing the device. You must complete a firearms safety course and you must submit to the California Department of Justice an Intra-Familial Firearm Transaction report.
Do note that people are generally prohibited from possessing assault weapons in the state, so you cannot receive an inheritance of that type of weapon regardless of the situation.
Documents Needed To Complete a Firearm Bill of Sale in California
Because of the strict laws concerning firearms in California, you will need to provide documentation showing you are compliant with the law whenever you are going to purchase a firearm, including:
- Handgun Safety Certificate
- California Driver’s License or Identification Card for both buyer and seller
- Firearm details, such as make, model, and serial number
- Proof of residency, such as a rental agreement or utility bill
Additional California Gun Laws
Who Cannot Purchase a Firearm in California?
The laws prohibiting the ownership of firearms in California align with federal restrictions and include people who:
- Have been convicted of or has an active warrant for a felony crime
- Have been convicted of or has an active warrant for certain misdemeanor offenses
- Have a substance abuse problem or addicted to using narcotics
- Are court-ordered not to own or possess firearms
- Are court designated as mentally ill or incompetent
- Have been dishonorably discharged from the military
- Is an illegal alien
Does California Have a Waiting Period for Gun Sales?
The state does have a waiting period for firearm sales.
Once a DROS number is issued, you must wait 10 days to take possession of the firearm.
Can You Buy a Firearm in California Without Registering It?
The state does require firearm registration with the Department of Justice. If you already own a firearm, you do not have to register it. The rule only applies to new purchases and registration if you move into the state.
If you move to California, you have 60 days to register. If you buy a new firearm, the licensed dealer will register it as part of the purchase process.
You will not get a card or anything denoting your registration.
Does a Firearm Bill of Sale Have To Be Notarized in California?
The California firearm bill of sale does not require notarization because the purchase will be reported and recorded with the state system that validates the process.
Is a Record of Firearms Sent to Police in California?
When you register your guns or buy one, the California Department of Justice will receive a record of the sale.
If you own firearms that you do not have to register, then the state police will not know of your ownership.
Concealed and Open Carry Laws in California
How To Apply To Carry a Firearm in California
California concealed carry law, California Penal Code Section 26150, allows each county to issue licenses. In Los Angeles County, for example, you must go through the Sheriff’s Department to obtain the license.
You will have to complete an application, which shows you have good cause for the license issuance and have completed a training course.
You will also go through an interview with an officer, complete a background check, and pay fees to apply.
California Firearm Reciprocity
California does not honor licenses or permits for concealed carry rights issued by other states under California Penal Code Section 25400.
You also cannot get a license to carry in California unless you are a state resident.
How To Write a Firearm Bill of Sale in California
While the licensed dealer will complete the formal California firearm bill of sale, you may wish to complete your document prior to the formal process.
If you wish to draw up your own sales transaction form, you should go through the following steps.
Step 1 – State Laws
Make sure to understand the state gun laws.
Step 2 – Background Check
Conduct a background check on the buyer.
Step 3 – Buyer
Meet the buyer in person.
Step 4 – Eligibility
Check the buyer’s eligibility and license.
Step 5 – Licensed Dealer
Arrange a meeting with a licensed dealer.
Step 6 – Bill of Sale Form
Complete the California firearm bill of sale form, including all identifying information about the buyer and seller and details of the firearm.
Step 7 – Completed Sale
Formalize the sale through the licensed dealer.
Summary
California’s strict firearm laws mean you cannot sell a firearm alone unless the transfer is between certain family members. You must go through a licensed dealer.
However, you may still wish to create a California firearm bill of sale for your records.
If you want an easy-to-complete form that is ready for you to input your information, check out Legal Templates.
California Firearm Bill of Sale Sample
Below is an example of what a California firearm bill of sale looks like.