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  #1  
Old 12-03-2012, 10:39 PM
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Noonanda Noonanda is offline
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Default Firearms trade and Recieving FFL question for you all

I am in So Cal and trading a rifle for a on roster pistol with a guy in Centeral Cali. Myself and the pistol trader are both going to be shipping our firearms to recieving FFL's in our areas. Few questions for clarification for when I go to my FFL and if you can reference PC it would be appreciated.

1) does the recieving FFL have to give his FFL # or a copy of his FFL so I can confirm he is a Valid FFL for me to ship to? Both of us are non-licensed individuals, so how does he log it into his book since there are no requirements for me to have an FFL to ship it, only to the reciever of the firearm?

2) since this is not a PTP does this get logged in as a dealer sale?

3) sales tax for this, how do you charge state sales tax when nothing was sold, only traded?

4) If the dros was to come back denied for one of us, how would the other person recover their firearm back from the reciving FFL? he cannot just mail the weapon back can he?

Sorry if these are commonly asked questions, but figured I'd go to the experts
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  #2  
Old 12-04-2012, 9:45 AM
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kemasa kemasa is offline
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Quote:
Originally Posted by Noonanda View Post
I am in So Cal and trading a rifle for a on roster pistol with a guy in Centeral Cali. Myself and the pistol trader are both going to be shipping our firearms to recieving FFL's in our areas. Few questions for clarification for when I go to my FFL and if you can reference PC it would be appreciated.
There are other threads with the supporting documentation, so I am not going to take the time to list everything.

Quote:
1) does the recieving FFL have to give his FFL # or a copy of his FFL so I can confirm he is a Valid FFL for me to ship to? Both of us are non-licensed individuals, so how does he log it into his book since there are no requirements for me to have an FFL to ship it, only to the reciever of the firearm?
There is no requirement that a non-FFL get a copy of a FFL. A BATF FFL newsletter talks about this. You should get the first three and last five of the FFL number so that you can confirm the status of the FFL on the BATF ezcheck web page.

There is no requirement that you provide a copy of your ID, but many FFL require a copy of the ID so that they can log the firearm. While you don't have to provide it, the FFL is not required to accept it from you. If you have an issue with providing a copy of your ID, you can ship it though a FFL or blank out some of the information on the ID, leaving enough to see who it is from and that it is a valid ID. Examples of what could be eliminated is the actual day of your birth, signature, etc.

Quote:
2) since this is not a PTP does this get logged in as a dealer sale?
It is not a PPT, so it is processed as a dealer sale, just like any other transfer.

Quote:
3) sales tax for this, how do you charge state sales tax when nothing was sold, only traded?
You should provide a letter stating that it is a private sale, an occasional sale and not from a business. This documents that it is exempt from sales tax. It used to be that this was also acceptable for out of state purchases, but the BOE changed their view with a bogus excuse that Federal law requires it to go through a FFL, but there is nothing in the BOE regulations about that type of thing.

There are some forms which are used for PPTs which provide the information, which could also be used, although the DROS is not submitted as a PPT.

Quote:
4) If the dros was to come back denied for one of us, how would the other person recover their firearm back from the reciving FFL? he cannot just mail the weapon back can he?
That is something you need to discuss with the FFL. For PPTs, the law requires that the firearm be returned to the seller, unless the seller is also denied, at which point it would have to go to the police. Generally, you would need to find a FFL to receive the firearm back and have the DROS submitted. Yes, it would be processed as a transfer even though you had owned it. The other FFL would most likely want money to ship it back, above the shipping charges.

There are some exemptions for directly shipping a firearm back, such as gunsmith work, but in this case that is not what is being done. Some FFLs might be willing to ship it back, but they also might have some problems if they due that.
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  #3  
Old 12-04-2012, 10:28 AM
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Noonanda Noonanda is offline
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Thanks for the answers my biggest question was concerning the tax.
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Old 12-04-2012, 10:56 AM
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kemasa kemasa is offline
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Make sure that the FFLs that you use know and understand what to do with regards to the tax. They can contact the BOE if they have any questions (although they might refuse to).
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