How to Buy a Curio or Relic Gun From a Private Party in California

In most instances, California law, unlike federal law, requires that the buying and selling of a firearm go through a federal firearm-licensed dealer even for private sales. There is an exception, though, and that is for a legally labeled curio or relic (C&R). These guns must either be at least 50 years old on the current date or be certified by the director of a museum as a C&R. They may also be a novelty or have an association with a historical figure, period or event.



According to the California Penal Code §§ 12001(e), 12078(t)(2) "The term firearm does not apply to federally defined 'curio' or 'relic' long guns over 50 years old for the purpose of transfers between private parties." Because they are not firearms by definition, they do not follow the laws concerning firearm transfers.

Instructions

1. • 1

     Investigate the status of the firearm carefully. Some firearms that are federally defined as a C&R may still fall under California laws as banned weapons. Such firearms include those known as "assault rifles." Check with the state attorney general's office if it is unclear.

     C&R magazines that take over 10 rounds are also banned.

   • 2

     Negotiate the price with the seller. Be prepared to provide evidence of state residency and proof of age.

   • 3

     Note the information concerning the sale of the curio or relic firearm, including the seller's information, the location the transaction took place, the date and time, and the selling price. This is not required by law but may come in handy in the future if the status of the firearm ever becomes questioned.