California Penal Code Section 27500 [1] prohibits any person, corporation, or firm from knowingly selling, supplying, delivering, or giving possession or control of a firearm to any person who falls within a class of persons prohibited from possessing firearms under California law. This statute targets the recipient's eligibility rather than the transfer mechanism -- it applies regardless of whether the transfer occurs through a dealer or outside the regulated system.
Separately, Penal Code Section 27545 [2] establishes the universal dealer requirement for private party transfers: when neither party to a firearm transaction holds a dealer's license, the sale, loan, or transfer must be completed through a licensed firearms dealer. Together, PC 27500 and PC 27545 form the two pillars of California's private transfer regulation -- one prohibiting transfers to ineligible persons, the other requiring all private transfers to go through a licensed dealer.
How Private Party Transfers Work
When two private individuals wish to transfer a firearm, they must follow the process required by PC 27545:
- Both the seller and buyer must appear in person at a licensed firearms dealer
- The dealer submits a Private Party Transfer DROS to the California DOJ
- The buyer undergoes a standard background check
- The 10-day waiting period under Penal Code Section 26815 applies
- The buyer must present a valid Firearms Safety Certificate (FSC) or qualify for an exemption
- The dealer collects the DROS fee on behalf of the DOJ
This dealer-mediated process provides the mechanism for enforcing PC 27500's prohibition: by requiring all transfers to pass through a licensed dealer with a background check, California can identify and block transfers to prohibited persons before they occur.
Dealer Fees for PPT
In addition to the DROS fee paid to the DOJ, the dealer may charge a processing fee for handling the private party transfer. The dealer fee is regulated by Penal Code Section 28055 [3], which caps the dealer's fee at $10 per firearm. Combined with the DROS fee, a private party transfer typically costs approximately $47 in mandatory fees, plus any additional charges the dealer imposes within the statutory cap.
Transfers Not Requiring Dealer Involvement
Certain transfers are exempt from the dealer requirement under Penal Code Sections 27850 through 27966 [4], including:
- Intrafamilial transfers between parents and children or grandparents and grandchildren (though DROS is still required)
- Transfers by operation of law (inheritance from a decedent's estate)
- Transfers to or from authorized law enforcement representatives
- Loans of firearms at licensed shooting ranges for use on the premises
Even where the dealer requirement is waived, the prohibition in PC 27500 still applies -- a person may never knowingly transfer a firearm to a prohibited person regardless of whether a dealer is involved.
Penalties for Non-Compliance
Transferring a firearm without going through a licensed dealer in violation of PC 27545 is a misdemeanor under Penal Code Section 27590 [5]. A first offense is punishable by imprisonment in a county jail for up to one year, a fine of up to $1,000, or both. Subsequent offenses or transfers to prohibited persons carry enhanced penalties, potentially including felony charges.
Knowingly transferring a firearm to a prohibited person in violation of PC 27500 carries separate and potentially more severe penalties, as it involves intentionally arming a person whom the law prohibits from possessing firearms.
Impact on Firearm Pricing
Because all private sales must go through a dealer under PC 27545, the private firearms market in California operates differently than in states that permit direct private sales. The added fees, waiting period, and regulatory burden mean that private party pricing rarely undercuts dealer pricing by a significant margin, unlike in states where private sales are unregulated.