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, California requires a firearm bill of sale for every gun purchase. The bill of sale must be notarized and signed by 2 witnesses.
California has some of the strictest firearm laws in the United States so sales, ownership, registration, and public carry are highly regulated.
Anyone who wants to own, sell, purchase, or carry must register, pass a background check, and prove a high level of firearm handling competence.
Firearm laws: PEN § 26700 to § 26915, PEN § 25400, PEN § 26165
Restrictions: Yes
State permit to purchase: Yes
Registration of firearm: Yes
License to own: Yes
Assault weapon law: Yes
Magazine capacity restriction: Yes
Permit for concealed carry: Yes
Permit for open carry: Yes
How to Sell a Firearm Privately
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.
Requirements
California Penal Code Section 28050 explains the state’s ban on private firearms sales.
Additionally, you cannot sell a gun to another person without going through a California-licensed dealer per § 26500.
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.
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.
Additionally, only persons meeting the criteria in PEN § 26700 to § 26915 may sell a firearm in California.
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.
Restrictions
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 including brandishing per PEN § 417
- Have been convicted of or has an active warrant for certain misdemeanor offenses per PEN § 29805
- 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
Firearm Inheritance Laws
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. [1]
Do note that since people are generally prohibited from possessing assault weapons in the state, you cannot receive an inheritance of that type of weapon regardless of the situation.
Registration
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.
Concealed Carry Permit
You may not conceal carry in California without a permit, per PEN § 25400. The only exception to this is for individuals who have a restraining order against someone and feel their life is in danger from that person per PEN § 25600(a).
Additionally, California concealed carry law, PEN § 26150-26225, allows each county to issue licenses. In Los Angeles County, for example, you must go through the Sheriff’s Department to obtain the license.
The minimum age to carry a concealed weapon is 21. All applicants must be of good moral character, have a reasonable cause to obtain a permit, and be a resident of or work in the county where they are applying.
Applicants must also complete a firearm training course that satisfies PEN § 26165 requirements.
How to Apply
Follow the steps below to apply for a concealed carry permit.
Step 1 – Apply
Complete a Standard Initial and Renewal Application for License to Carry a Concealed Weapon.
Step 2 -Submit Evidence
Attach all required evidence that supports your good cause and moral character statements.
Step 3 – Turn in Application
Submit your application to your local county sheriff or law enforcement agency handling concealed carry permits.
Step 4 – Pass a Background Check
All applicants in California must pass a federal background check.
Step 5 – Receive Approval or Denial
The California Department of Justice will approve or deny your application within 90 days.
Gun 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.
California Firearm Bill of Sale Sample
Below is an example of what a California firearm bill of sale looks like.
