Explore The NRA Universe Of Websites

APPEARS IN News

DOJ, State Legislative Counsel`s Office Clash Over New Handgun Law

Tuesday, March 27, 2001

NATIONAL RIFLE ASSOCIATION 11250 Waples Mill Road, Fairfax, Virginia 22030 CALIFORNIA RIFLE & PISTOL ASSOCIATION 271 East Imperial Highway, Fullerton, California 92835 Contact: Chuck Michel, CRPA Spokesperson (310) 548-3703 CALIFORNIA SPORTING GOODS ASSOCIATION 5800 Bluff Street, Norco, California 92860 Contact: Geoff Barclay, CSGA Spokesperson (909) 698-0880
Legality Of Gun Consignment Sales At Issue, Firearm Dealers Face Prosecution and Bankruptcy
SACRAMENTO - The California Legislative Counsel`s Office, which acts as the legal counsel to the State Legislature, just issued a formal Opinion (#21239) interpreting a new handgun law and condemning a California Department of Justice (DOJ) policy interpreting the same provision. As a result, gun dealers who, relying on the DOJ policy, facilitated private party "consignment" sales of handguns since the first of the year face possible prosecution. The registered handgun sales are subject to invalidation, and the registered guns may be confiscated. And most gun dealers, who relied on private party consignment sales for the majority of their profits, face insolvency. The law at issue is Senate Bill 15 of 1999, the "unsafe" handgun bill that became fully effective on January 1, 2001. SB 15 requires that all handguns pass a series of performance tests and be added to a DOJ list of guns approved for sale before a gun can be sold by a dealer in the state. (All handgun sales are registered, pursuant to preexisting law.) SB 15 has an exception allowing private parties (i.e., non dealers) to sell untested and unlisted handguns to other private parties. But, as has always been the case, that sale must be processed through a dealer and the handgun registered to its new owner. Previously dealers could buy used handguns directly from private parties, transfer them into their inventory, and then put them up for sale - often at significant mark-up. The DOJ policy interpreted SB 15 as banning that practice, and prohibited dealers from buying untested / unlisted guns directly from, or selling untested / unlisted guns directly to, private parties. But the DOJ policy does allow dealers to facilitate these private party sales by offering the guns on consignment. Dealers had hoped to stay in business using that consignment process in lieu of simply buying and selling the handguns as they had before SB 15 went into effect. So in reliance on the DOJ policy, they have been facilitating thousands of these consignment sales since the first of the year. The DOJ policy was formally adopted through a DOJ "Information Bulletin" sent to all gun dealers on December 12, 2000 (#2000 FD-07) (caag.state.ca.us /firearms/ infobuls). "If the Legislative Counsel opinion is adopted all these gun buyers, sellers, and dealers are in jeopardy of prosecution and of having their guns confiscated, because all the guns are registered," said civil rights attorney Chuck Michel, who represents the CRPA and its membership. "These problems were pointed out, but ignored when this law was rammed through the Legislature. We are deeply troubled by the position this puts CRPA members and gun owners in. We hope the DOJ will defend its position, but unfortunately in the past the DOJ has abandoned people who were prosecuted while complying with DOJ gun policies." "This is terrible. The possibility of criminal repercussions is bad enough. On top of that the minimal mark-up on new handguns, and the relatively few manufacturers willing to pay DOJ`s fees to have their new guns listed, makes it impossible for most dealers to stay in business without the revenue generated from private party consignment sales," said Geoff Barclay, President of the California Sporting Goods Association, which represents gun dealers throughout the state. "What makes this particularly devastating is that, with all the laws passed in the past two years, many dealers have gone under, and the ones left are barely hanging on as it is."
TRENDING NOW
Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

News  

Monday, November 17, 2025

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

While decent Americans spent Veterans Day honoring the sacrifice of those who served the country and took an oath to “support and defend the Constitution of the United States,” the gun control radicals at Giffords ...

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Friday, November 14, 2025

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Yesterday, the National Rifle Association joined the Firearms Policy Coalition and two NRA members in filing a legal challenge to New Jersey’s “one-gun-a-month” law.

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

News  

Wednesday, November 12, 2025

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

Today, President Donald Trump signed into law a legislative proposal to reopen the federal government. Included in the legislation is a provision that prohibits the Department of Veterans Affairs (VA) from stripping the constitutional right ...

Firearm Access During Shutdown Act introduced in Congress

Monday, November 10, 2025

Firearm Access During Shutdown Act introduced in Congress

On October 30th, 2025, Senator Jim Risch [R-ID] introduced the Firearm Access During Shutdown Act (S.3085), with Congressman Ben Cline [R-VA-6] introducing the companion legislation in the U.S. House (H.R. 5874).

Gun owners should approach firearm product liability suits with discernment

Tuesday, November 11, 2025

Gun owners should approach firearm product liability suits with discernment

Few communities take the products they use as seriously as gun owners. A firearm is often a tool that a person needs to be able to trust their life with. Add brand loyalty and differences ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.