PC 27500:
Private Party Transfers (PPT)

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. State fees total $37.19, including the DROS fee, and the dealer may charge up to $10 per firearm for processing the transfer. The total for the first firearm may not exceed $47.19, including the dealer fee.

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 authorized government representatives for the governmental entity as part of an authorized, voluntary program buying or receiving weapons from private individuals
- 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 generally a misdemeanor under Penal Code Section 27590 ^[5]. Under Section 27590(c)(5), a violation involving a handgun or centerfire semiautomatic rifle may be punished by county jail for up to one year or imprisonment under Section 1170(h), a fine of up to $1,000, or both fine and imprisonment. Section 27590(b) prescribes two, three, or four years of imprisonment under Section 1170(h) when its specified circumstances apply, including certain prior convictions or membership in a prohibited class.

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.