Private party transfer question

[smith629]

I'm thinking about bidding on a revolver on gunbroker. Please bear with me as I am new to the purchasing of fire arms from anyone but a shop.

First of all, the gun I'm trying to get is not on the CA safe list since it is too old. The seller has an FFL. The seller said they will do a private party transfer through a local shop. They also said they will be charging tax. Is that reasonable? I figure sales tax would not be charged on private party transfers. Also, is it legal for someone with an FFL to do a private party transfer? Thanks for your help.

[ke6guj]

If it isn't on the Roster, or a roster-exempt handgun, such as a dimensinally-compliant single-action revolver, it can't be shipped to your local FFL for transfer.

Is the seller a local CA FFL? If the handgun is logged into his personal collection books, I'd assume that he could do a PPT if he is a CA resident and goes to your local FFL to do the PPT transfer.

[smith629]

If it isn't on the Roster, or a roster-exempt handgun, such as a dimensinally-compliant single-action revolver, it can't be shipped to your local FFL for transfer.

Is the seller a local CA FFL? If the handgun is logged into his personal collection books, I'd assume that he could do a PPT if he is a CA resident and goes to your local FFL to do the PPT transfer.

Yes I believe he has a CA FFL. He is in CA that is for sure and he said he can go to my local shop directly. Can he still charge sales tax? Do I need to get anything from him before I buy it online? Thanks again, I just want to make sure I have all my t's crossed and i's dotted.

[ke6guj]

regarding sales tax, I'd assume that he can't have it both ways. If he is charging sales tax, it sounds like it is inventory and wouldn't be a PPT. If it is a PPT, then he is claiming it isn't dealer inventory, and would not be subject to sales tax, AFAIK.

edit: BATFE has rules regarding transferring FFL inventory to personal collections, and then the sales of that personal inventory afterwards. IIRC, a dealer must log the firearm out of his bound book stating it is to for personal use. If the dealer sells that personal firearm within one year of that transfer, it must be logged back into dealer inventory and then processed out as if it it were a dealer sale.

[smith629]

Is the dealer allowed to sell a non CA safe list gun then? I thought only PPT was allowed for such items. Would there be a possibility of problems arising in the future as the new owner of this firearm?

[ke6guj]

Is the dealer allowed to sell a non CA safe list gun then?

normally, no.

I thought only PPT was allowed for such items.

correct, but a dealer can't just say he is gonna PPT an inventory gun as a way around the Roster. If that was the case, you'd see many dealers doing that.

The only exemption I heard was that an FFL that was also a LEO could transfer non-rostered handguns to his private inventory because a LEO is exempt from the roster. Then, after a year, he could PPT them with no issues.

Would there be a possibility of problems arising in the future as the new owner of this firearm?

anything is possible, but possession of a non-rostered handgun is not a crime.

[smittty]

My understanding is that a used gun that's already in California can be sold from a dealer. Such as if a model falls off the roster it can be purchased by the dealer and resold because it's used. Is that correct?

Hey, what do FFL's charge for ppt?

Smitty

[ke6guj]

My understanding is that a used gun that's already in California can be sold from a dealer. Such as if a model falls off the roster it can be purchased by the dealer and resold because it's used. Is that correct?

That would be incorrect. There is no "used gun" exemption to the roster for a dealer sale/transfer. You may be cofusing it with a cosignment sale in which a CA-resident pays the dealer a commission to sell his used gun for him. A cosignment sale can involve a non-rostered gun.

Hey, what do FFL's charge for ppt?

Smitty

FFLs are prohibited from charging more than $35 for a PPT, $25DROS + $10 dealer fee. Some dealers risk a misdemeanor charge and do charge more than $35. Be aware that a PPT is only between two CA-residents who both appear in front of the dealer at the same time to do the paperwork. Any other type of transfer is NOT a PPT, and the dealer can charge whatever fees he wishes.