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Guide · California law

What does California law exempt from the handgun roster requirement?

California's roster law has written exceptions: it does not apply to a private party transfer completed through a licensed dealer, to certain family and operation-of-law transfers, or to handguns listed as curios or relics (Penal Code 32110, Penal Code 32000). Outside the exceptions, manufacturing, importing for sale, keeping or offering for sale, giving, or lending a handgun the law defines as "unsafe" is a crime punishable by up to one year in county jail (Penal Code 32000(a)).

Quick facts

What does the private party transfer exemption cover?

The roster rules "shall not apply" to a sale, loan, or transfer completed through a dealer in order to comply with the private party transfer law (Penal Code 32110(a)). The private party transfer law it refers to provides the following:

  1. When neither person is a dealer, the transfer must go through one (Penal Code 27545).
  2. The seller delivers the handgun to the dealer, who keeps it during processing (Penal Code 28050(b)).
  3. The dealer delivers it to the buyer under the usual delivery rules, or returns it to the seller if delivery is not legal (Penal Code 28050(c), (d)).
  4. The dealer may charge the buyer no more than $10 per firearm, plus state fees (Penal Code 28055).

Federal law bars a person who is not a licensee from transferring a firearm to another unlicensed person who the transferor knows or has reasonable cause to believe lives in another state, with narrow exceptions for inheritance and temporary sporting loans (18 U.S.C. 922(a)(5)).

The dealer restriction on "machinegun-convertible pistols" that began July 1, 2026, also does not apply to a private party transaction conducted through a licensed dealer (Penal Code 27595(c)(3)). The private party transfer guide covers the paperwork and waiting period.

Does the roster exemption cover family transfers?

The roster rules also do not apply to a transfer that is exempt from the dealer requirement, if the transfer follows that exemption's conditions (Penal Code 32110(b)). Two exemptions matter most for families:

  • Parent and child, grandparent and grandchild. A gift, bequest, or inheritance between these "immediate family" members is exempt from the dealer requirement if it is infrequent, the recipient is at least 18, the recipient has a Firearm Safety Certificate, and the recipient reports the transfer to DOJ within 30 days (Penal Code 27875, Penal Code 16720).
  • Spouses and estates. A person who takes a firearm "by operation of law," such as a surviving spouse or an executor, follows the reporting rules in Penal Code 27920. Penal Code 16990 lists the covered situations.

DOJ says the exemption "does not apply to step-children/step-parents, brothers, sisters, aunts, uncles, or cousins" (DOJ FAQ). Those transfers use the dealer process.

How does the roster law treat handguns a new resident brings to California?

Penal Code 32000 reaches importing a handgun "for sale." A new resident who brings in personally owned firearms is a "personal firearm importer," who must report each firearm to DOJ, or sell or transfer it in one of the listed ways, within 60 days of bringing it in (Penal Code 17000, Penal Code 27560). That window becomes 180 days on January 1, 2027 (SB 948). DOJ's guidance to new residents is: "You may bring all of your California-legal firearms with you," but not magazines over ten rounds, machine guns, or assault weapons (DOJ FAQ).

A person who is already a California resident and obtains a firearm outside the state must first have it delivered to a California dealer (Penal Code 27585).

Are curio and relic handguns exempt?

The roster law does not apply to "firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations" (Penal Code 32000(b)(3), 32110(g)). See the curio and relic explainer.

What about single-action revolvers and single-shot pistols?

  • Single-action revolvers that meet the listed capacity, barrel, and overall length specifications are exempt (Penal Code 32100(a)).
  • Single-shot pistols with a break-open or bolt action that meet the listed barrel and overall length minimums are exempt. The roster rules still apply to a semiautomatic pistol that has been altered so it will not fire semiautomatically (Penal Code 32100(b)). DOJ adds that converting a single-shot pistol to a semiautomatic pistol "may constitute the manufacturing of an unsafe handgun" (DOJ roster page).

What is the law enforcement exemption, and can officers resell?

Three paragraphs of Penal Code 32000(b) cover law enforcement:

  • Paragraph (4): sales to police departments, sheriffs, federal law enforcement agencies, and similar agencies. The section "does not prohibit the sale to, or purchase by, sworn members of these agencies."
  • Paragraph (6): sales of service weapons to a second list of agencies and to their sworn members who meet training and live-fire requirements.
  • Paragraph (7): sales to a third list of agencies for use as service weapons. It does not authorize purchases by sworn members in a personal capacity.

Resale is restricted. A dealer "shall not process the sale or transfer of an unsafe handgun" from a person who got it under paragraph (6) or (7) to a person who is not exempt (Penal Code 32000(c)(1)). Anyone holding a handgun obtained under paragraph (4), (6), or (7) must notify DOJ within 72 hours of selling or transferring it, unless the transfer is processed through a licensed dealer (Penal Code 32000(e)(2)). The unlawful sale or transfer of a handgun obtained under one of those three paragraphs can bring a civil penalty of up to $10,000 in addition to the criminal penalty, and so can a failure to give the 72-hour notice (Penal Code 32000(a)(2), Penal Code 32000(a)(3)).

What changed recently

  • 2026-09-26SB 948 signed (Stats. 2026, ch. 465). Starting January 1, 2027, it lengthens the new resident reporting window from 60 days to 180 days (SB 948).
  • 2026-07-01Dealers may no longer sell or deliver machinegun-convertible pistols, with listed exceptions (Penal Code 27595).

FAQ

Is possessing an off-roster handgun a crime by itself?

Possession is not among the acts listed in Penal Code 32000(a), which covers making, importing for sale, keeping for sale, offering for sale, giving, and lending.

Does a private party transfer of an off-roster handgun skip the background check?

The roster exception applies only when the transfer is completed through a licensed dealer under the normal delivery rules (Penal Code 32110(a), Penal Code 28050).

Can my brother give me his off-roster pistol directly?

"Immediate family member" means parent and child or grandparent and grandchild (Penal Code 16720), so a transfer between siblings has to go through a licensed dealer (Penal Code 27545).

Can an officer sell an off-roster duty pistol to a member of the public?

A dealer may not process that sale when the officer obtained the handgun under paragraph (6) or (7) and the buyer is not exempt (Penal Code 32000(c)(1)).

Sources

  1. 1.California Penal Code 32000 (unsafe handgun offense, exemptions, resale limits)
  2. 2.California Penal Code 32110 (exceptions to the roster rules)
  3. 3.California Penal Code 32100 (single-action revolvers and single-shot pistols)
  4. 4.California Penal Code 27545 (private party transfers must go through a dealer)
  5. 5.California Penal Code 28050 (private party transfer procedure)
  6. 6.California Penal Code 28055 (dealer fee cap on private party transfers)
  7. 7.California Penal Code 27875 (intrafamilial transfers)
  8. 8.California Penal Code 16720 (immediate family member)
  9. 9.California Penal Code 27920 (operation of law transfers)
  10. 10.California Penal Code 16990 (operation of law defined)
  11. 11.California Penal Code 17000 (personal firearm importer)
  12. 12.California Penal Code 27560 (new resident reporting)
  13. 13.California Penal Code 27585 (firearms obtained outside California)
  14. 14.California Penal Code 27595 (dealer sales of machinegun-convertible pistols)
  15. 15.California DOJ, Roster of Handguns Certified for Sale
  16. 16.California DOJ, Firearms FAQ
  17. 17.18 U.S.C. 922 (interstate transfer rules)
  18. 18.SB 948 (Stats. 2026, ch. 465)

Last verified Nov 10, 2026Informational only, not legal advice

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