Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > FFL's Forum
Register FAQ Members List Calendar Mark Forums Read

FFL's Forum For open discussion between FFLs and polite questions for FFLs.

Reply
 
Thread Tools Display Modes
  #1  
Old 12-22-2012, 6:36 PM
Rooftop Voter's Avatar
Rooftop Voter Rooftop Voter is offline
Senior Member
 
Join Date: Nov 2009
Location: Tucson, AZ
Posts: 820
iTrader: 9 / 100%
Default Gift to Dad & ar15 lower sales question

I'm trying to sell 2 complete AR 15 lowers & ive got an interested buyer but I have an AZ DL. Can I gift my CA resident father (any required paperwork?) my lowers so he can then ship them to the buyer (an FFL 1 up in NorCal)?
I'd really like to avoid buying a CA ID card for one transaction! & it'll take up to 60 days to receive the damn thing!


Also I just need an email from the FFL buyer showing his license & I'll be good to go with shipping directly to the FFL correct?

Thanks!
__________________
Quote:
I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
Enthusiast
Reply With Quote
  #2  
Old 12-22-2012, 10:26 PM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 32,789
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by Rooftop Voter View Post
I'm trying to sell 2 complete AR 15 lowers & ive got an interested buyer but I have an AZ DL. Can I gift my CA resident father (any required paperwork?) my lowers so he can then ship them to the buyer (an FFL 1 up in NorCal)?
I'd really like to avoid buying a CA ID card for one transaction! & it'll take up to 60 days to receive the damn thing!


Also I just need an email from the FFL buyer showing his license & I'll be good to go with shipping directly to the FFL correct?

Thanks!
If you are a resident of AZ, moving those lowers to any resident of CA - your father or your buyer - requires going through a CA FFL, per Federal law.

Since your buyer is an FFL, that's not an issue; getting the guns shipped is. You don't need a CA ID for that.
__________________
Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #3  
Old 12-23-2012, 7:49 AM
Rooftop Voter's Avatar
Rooftop Voter Rooftop Voter is offline
Senior Member
 
Join Date: Nov 2009
Location: Tucson, AZ
Posts: 820
iTrader: 9 / 100%
Default

I'm currently in CA & the lowers are with me now. Can I ship to the CA FFL directly?
__________________
Quote:
I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
Enthusiast
Reply With Quote
  #4  
Old 12-23-2012, 9:10 AM
tenpercentfirearms's Avatar
tenpercentfirearms tenpercentfirearms is offline
Vendor/Retailer
 
Join Date: Apr 2005
Location: Taft, CA
Posts: 12,837
iTrader: 10 / 100%
Default

Quote:
Originally Posted by Rooftop Voter View Post
I'm currently in CA & the lowers are with me now. Can I ship to the CA FFL directly?
You can also just take them into the shop. If you brought me in two lowers and said I want to put these in this guy's name, I would ask for your ID and input you in my bound book the same way as if you shipped them. The only thing is the buyer is not completing a PPT, so the $35 max rate does not apply and I would charge him my standard rate of $50 plus $25 for DROS and he would additionally need to pay sales tax on the purchase price.
__________________
For superior customer service and good prices visit www.tenpercentfirearms.com. We are Kern County's leader in black rifle sales.

The Calguns Foundation - Board Member. DONATE NOW! Your dollars go DIRECTLY to front-line legal activism in CA.
Opinions posted in this account are my own and not the approved position of The Calguns Foundation
Reply With Quote
  #5  
Old 12-23-2012, 9:45 AM
Rooftop Voter's Avatar
Rooftop Voter Rooftop Voter is offline
Senior Member
 
Join Date: Nov 2009
Location: Tucson, AZ
Posts: 820
iTrader: 9 / 100%
Default

The only issue is that I now have an AZ DL and no form of CA ID or DL. If I were to get a CA ID tomorrow could I send the dealer my paper copy of my CA ID until I get my CA ID in the mail? Hopefully it would only take the DMV 1-3 weeks to get it to me...

Also - I am located in San Diego and the buyer is up in Santa Rosa (buyer is a FFL BTW).

If I go back to Flagstaff AZ - could I ship the lowers through an FFL in AZ that is on the CLFC () and is willing to deal with that CA BS law?


Quote:
Originally Posted by tenpercentfirearms View Post
You can also just take them into the shop. If you brought me in two lowers and said I want to put these in this guy's name, I would ask for your ID and input you in my bound book the same way as if you shipped them. The only thing is the buyer is not completing a PPT, so the $35 max rate does not apply and I would charge him my standard rate of $50 plus $25 for DROS and he would additionally need to pay sales tax on the purchase price.
__________________
Quote:
I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
Enthusiast
Reply With Quote
  #6  
Old 12-23-2012, 11:23 AM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 32,789
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by Rooftop Voter View Post
The only issue is that I now have an AZ DL and no form of CA ID or DL. If I were to get a CA ID tomorrow could I send the dealer my paper copy of my CA ID until I get my CA ID in the mail? Hopefully it would only take the DMV 1-3 weeks to get it to me...

Also - I am located in San Diego and the buyer is up in Santa Rosa (buyer is a FFL BTW).

If I go back to Flagstaff AZ - could I ship the lowers through an FFL in AZ that is on the CLFC () and is willing to deal with that CA BS law?
No, no, if it were convenient for you to drive to Santa Rosa, you could deliver the lowers in person - no need for CA ID. It would be an interstate transfer, and as Wes says, the fee would be 'regular'.

The bit with CA ID is a CA resident needs that to BUY, and if a seller wants to take advantage of the CA 'Private Party Transfer' law, and get the limited fee that requires, then the seller must have CA ID. No CA ID, no CA PPT.

Perfectly legal for AZ resident to sell a gun to a CA resident, using a CA FFL, either shipping it from AZ or by appearing with the buyer at the CA FFL. (California has some ideas about the guns - Roster and 'assault weapons'.)
__________________
Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #7  
Old 12-23-2012, 11:59 AM
Rooftop Voter's Avatar
Rooftop Voter Rooftop Voter is offline
Senior Member
 
Join Date: Nov 2009
Location: Tucson, AZ
Posts: 820
iTrader: 9 / 100%
Default

So I can't ship it to an FFL in CA from CA (CFLC restrictions since I'm not an FFL MYSELF)? But I can sell it to a non FFL thru a CA FFL in CA but it'll be a non-PPT transaction?
__________________
Quote:
I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
Enthusiast
Reply With Quote
  #8  
Old 12-23-2012, 12:22 PM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 32,789
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by Rooftop Voter View Post
So I can't ship it to an FFL in CA from CA (CFLC restrictions since I'm not an FFL MYSELF)? But I can sell it to a non FFL thru a CA FFL in CA but it'll be a non-PPT transaction?
Too complicated.

Let me start again.

You live in AZ.

You want to sell a gun to someone in CA.

Here is what you can do:

1) ship the gun(s) to a CA FFL. As a private person, you are not involved in the CFLC stuff. Only drawback is that some FFLs do not like to receive directly from non-FFLs. Should not be an issue in this case, since the CA FFL in question is the buyer.

2) Appear in person at the CA FFL and deliver the guns for subsequent sale to the buyer. Since CA PPT is for CA residents, does not matter if the buyer appears at the FFL at the same time. It's OK, but not required.

(PPT actually doesn't require simultaneous buyer and seller presence, that's just how it usually works - it does require using the SAME FFL where each of buyer and seller make a personal appearance, or in the case of the buyer, 2 appearances, one 10 days after the other! But, AZ-resident to CA-resident cannot be a CA PPT.)
__________________
Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #9  
Old 12-23-2012, 12:51 PM
Rooftop Voter's Avatar
Rooftop Voter Rooftop Voter is offline
Senior Member
 
Join Date: Nov 2009
Location: Tucson, AZ
Posts: 820
iTrader: 9 / 100%
Default

Ok - I'll ask the CA FFL if he is okay with receiving from a non FFL.
Thanks for your help!
__________________
Quote:
I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
Enthusiast
Reply With Quote
  #10  
Old 12-24-2012, 1:22 AM
DavidR310's Avatar
DavidR310 DavidR310 is offline
CGSSA Coordinator
CGN Contributor
 
Join Date: Apr 2011
Location: Yucca Sucka
Posts: 3,180
iTrader: 4 / 100%
Default

Quote:
Originally Posted by tenpercentfirearms View Post
You can also just take them into the shop. If you brought me in two lowers and said I want to put these in this guy's name, I would ask for your ID and input you in my bound book the same way as if you shipped them. The only thing is the buyer is not completing a PPT, so the $35 max rate does not apply and I would charge him my standard rate of $50 plus $25 for DROS and he would additionally need to pay sales tax on the purchase price.
What if the firearm is being given to you, say from a brother or uncle out of state? Would the sales tax just be zero?

Sorry for the threadjack.
Reply With Quote
  #11  
Old 12-24-2012, 9:30 AM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 7,082
iTrader: 5 / 100%
Default

If the firearm is a gift, then there would not be any sales tax. BUT some people try to claim that firearms that they buy is a gift, which is tax evasion and which is a problem. You would need documentation that it is a gift, such as a letter.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 8:14 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.