Calif. Law limits dealer's fees - how would you interpret this?

[Sir Aardvark]

The below is from the California Dept. of Justice's Bureau of Firearms website.

The way I read it is that Dealers are required to do Private Party Transfers and can only charge $10.00 in dealer's fees to do them.
So what I would take this to mean is that a dealer cannot refuse your request to do a transfer, and cannot charge you more than $10.00 in dealer's fees to do so.
I know of many places in California that charge a flat fee of $40.00 over and above the DROS & Safety fee, or even 10% of the total sale to do these transfers - are they breaking the law?

Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example:

For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction.
For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of$10.00 per each additional firearm transferred.
(PC section 12072(d))

Here's the website:

http://ag.ca.gov/firearms/pubfaqs.php#26

I'll call the gun control unit and see what they have to say on this - but I was curious to see how everybody else would interpret this too.

 

[SomeKid]

I am not a peon suffering CA's oppression, but from the sound of it, that applies to the registration requirements when you do a person-to-person transfer, not buying a new gun, and having the dealer receive the shipment etc.

Then again, my understanding of CA's laws is far from complete, but that is my take. IANAL,OAPSCO.

 

[EOD Guy]

The portion of the law only applies to private party transfers where both parties appear at the dealer to do the transfer. It does not include handling a transfer from another location. A dealer can charge whatever he wants for that transfer.

Also, a dealer is not required to process a handgun transfer if he does not sell handguns. Big 5, for instance.

 

[BamBam-31]

Are you talking about out-of-state transfers or FTF PPT's? I believe the section you cited refers to the latter....

 

[Flame Red]

Wow - Too bad that rule does not include FFL-FFL transfer. That is would be the only California rule that I would support adoption in my state.

The gun dealers here have virtually eliminated FFL-FFL transfers, either by refusing or charging so much that no one in their right mind would pay their fees.

 

[ArmedBear]

This is only for private-party transfers, not handling a gun from out of state, another dealer at a gun show, etc.

"Private party transfer" means you, a non-dealer, want to sell a gun directly to someone else, also a non-dealer. By Federal Law, and in most states, these transfers do not require any FFL at all. Compliance with this law in California is reportedly very high, of course.

The gun dealers here have virtually eliminated FFL-FFL transfers, either by refusing or charging so much that no one in their right mind would pay their fees.

On the one hand, I can't blame them for not wanting to serve as a conduit for guns on which they make less profit. However, as an FFL, they have a government-enforced oligopoly on gun sales, and they act as agents of the government. I would have no problem with mandating that they must either perform this duty at a reasonable price specified by law, as a condition of their Federal license, or give up the license.

You want a government-enforced license to do business with limited competition, don't complain if it comes with obligations.

 

[romma]

Calif. Law limits dealer's fees - how would you interpret this?

Legalized highway robbery, that's how!

 

[10-Ring]

Recently sat through a CA DOJ audit and this question was posed to the auditor. We were told that PPT fees are exactly $35 ($25 dros & $10 to the dealer) and to feel free to report any dealer charging more or even refusing to do PPTs to the DOJ

 

[BamBam-31]

Can we report Turner's for conveniently having "computer problems" every time PPT's are mentioned? (Said "computer problems," however, miraculously vanish when making a straight purchase from their inventory. )

 

[ServiceSoon]

It appears you cali guys have been brainwashed. "Paying $10 so that I can exercise my second amendment civil right is a law I like"