PPT Charges

[kemasa]

Is this allowed then as well???/

Storage fees during the waiting period is not allowed.

[kemasa]

BTW, we could also talk about fun issue with regards to a PPT, which many dealers ignore, and that is sales tax on the FFL fee. Yes, if you look it up or check, sales tax is required on the $10 fee, which actually makes the total over $35. Sales tax is also required on firearms which come from a business out of state, again which many FFLs fail to follow the law and collect the sales tax.

Now, before you attack, I would prefer to not collect the sales tax and I personally think that collecting sales tax on a FFL fee, which is basically just labor, is wrong, but it is the law. To not collect sales tax, you need a letter from the seller saying that it is a private sale, an occasional sale and that the seller does not have a business. Otherwise, the FFL could have problems with the BOE.

[John Browning]

BTW, we could also talk about fun issue with regards to a PPT, which many dealers ignore, and that is sales tax on the FFL fee. Yes, if you look it up or check, sales tax is required on the $10 fee, which actually makes the total over $35. Sales tax is also required on firearms which come from a business out of state, again which many FFLs fail to follow the law and collect the sales tax.

Now, before you attack, I would prefer to not collect the sales tax and I personally think that collecting sales tax on a FFL fee, which is basically just labor, is wrong, but it is the law. To not collect sales tax, you need a letter from the seller saying that it is a private sale, an occasional sale and that the seller does not have a business. Otherwise, the FFL could have problems with the BOE.

Sales tax applies to the item sold, not to the fee for service. There is no sales tax on an internet transfer fee, either, just on the item if it is being sold by a commercial retailer.

[Aircraftman]

Thanks again to everyone for the great info and advice. Two Calguners contacted me and I provided info to steer them away from this store. Again I will publicly name this guy once my gun is safely home.

I have a letter written that I am going to present them (after gun is in car) with lots of backup including documents I printed off the DOJ and AG websites, thanks again to the many responders of this posting who provided me this info.

If this thing does not go my way Tuesday afternoon I will be asking advice on how to precede with reporting this to DOJ, however I can’t see how they won’t return my money; the facts are so clear and he has so much to loose….. but you never know.

One quick question: Some earlier poster noted that DOJ has some kind of hotline phone number that he has on speed dial. Can someone provide this phone number? The one number I got from 411 just rings and I did not see anything on the DOJ website. If he doesn’t see the light with the documentation, I thought I could call the hot line in his presence as a last ditch effort before taking this to the next level.

Regards,

[Trader Jack]

Storage fees during the waiting period is not allowed.

It is if you know how to write. AFAIAC. Catch me if you can

[leelaw]

It is if you know how to write. AFAIAC. Catch me if you can

You're writing yourself into a misdemeanor.

[kemasa]

Sales tax applies to the item sold, not to the fee for service. There is no sales tax on an internet transfer fee, either, just on the item if it is being sold by a commercial retailer.

Sorry, but that is not correct. Please see:

CA Sales Tax Firearms Information (495.0843 & 495.0848)

on the CA BOE web site.

I just got off the phone with the BOE and was told that in the case of a PPT, sales tax would not have to be collected on the FFL since there is no sales tax collected on the item. The same would be true for firearms which come from private party occassional sales. If the firearm comes from out of state and is from a business, then sales tax is to be collected by the FFL (documentation above referenced BOE).

The firearm is actually considered "sold" by the FFL who does the transfer and that FFL is a CA business. It is not until that time that the ownership is transfered, even if the person paid for the item directly to an out of state business.

[Trader Jack]

You're writing yourself into a misdemeanor.

Ah Lee, you know me better then that. You can't catch what you can't see, and you can't charge what you can't find.

You should know by now that I like to stair up the pot and get the teeny dippers underwear in a twist.

[Kestryll]

Ah Lee, you know me better then that. You can't catch what you can't see, and you can't charge what you can't find.
Getting away with something doesn't make it legal.
We do NOT condone nor allow advocating illegal activity here.

You should know by now that I like to stair up the pot and get the teeny dippers underwear in a twist.

And you should remember that you said, and promised I believe, that you were done with that when you asked to be unbanned.

Since you were untruthful in order to return, you can leave again.

[scootergmc]

Wait wait, before he's banned again, I want to know which shop he's now working for...


ETA: meh... too slow on the draw.

[hill billy]

And you should remember that you said, and promised I believe, that you were done with that when you asked to be unbanned.

Since you were untruthful in order to return, you can leave again.

Thank you.

[kemasa]

People can be stupid at times, even when you present them with the facts. Don't be surprised if they refuse to refund the money. I would also report them even if they refund the money as they are also violating the law with respect to claiming that the DROS fee is $35. Also, I suspect that they will continue to overcharge other customers who don't object.

If you paid with a credit card, I would also contest the charges.

From the CA DOJ web page:

General Information Phone: (916) 263-4887 Fax: (916) 263-0676

Firearm Dealer Licensing Phone: (916) 263-8100 Fax: (916) 263-0790

[highpowermatch]

I have had that happen before. They usually spew how they have to be careful to follow the law to a T in order to stay in business. But when it comes to that law they are clueless? Also, why doesn't the DOJ correct them when inspecting their paperwork????

[kemasa]

I suspect that the CA DOJ does not look that closely at the records. When I was inspected, they did not look at any of my receipts, so they would have no idea if I was not correctly charging customers. If they received a complaint, I suspect that they would look far more closely at specific issues.

I would guess that they might count on customers to report over charging, but that assumes that the person knows what the charges should be.

During my BATF inspection, the person flagged a transfer which was claimed to be over 30 days. The quick, easy method is to just look at the day of the month, but in this case it involved February, so it was not over 30 days. Using 30 days will not catch exceeding 30 days if the month has 31 days in it. Also, I was told that because I moved, I had to send in all my forms from my old address even though I did not go out of business. I said that did not make sense and the inspector would not budge. I called the records dept. and was told I did not have to, so I informed the inspector, giving the person's name and phone number, then she backed down from that position. I have to wonder about the training.

[Aircraftman]