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OK, so it sounds like everyone is now charging sales tax. I contact a California FFL today as I have a guy that want to use them for a transfer. They want me to fill out an affidavit with every gun that I ship to them in regards to the sales tax. WTF?
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The BOE sent out a letter to all FFLs with a DOJ letter (CFD renewal), so the FFLs can't claim ignorance any longer. The FFL is responsible for paying the tax, so either they get it from the buyer or they pay. If they pay, they lose money. I suspect some want an affidavit so that if customers and out of state FFLs claim a false amount that the CA FFL is protected. A receipt should be good enough.
What matters is how it is transferred, either as a PPT or a dealer sale. A consignment, especially of an off-roster firearm, can be submitted as a PPT and would be exempt from the 1 in 30, but if it is on the roster, then it could be submitted as a dealer sale, which then would be subject to the 1 in 30. It is correct in saying it does not matter whether the firearm is new or used. BTW, I have seen some people claim that they consider a firearm used once it is sold, not whether it was actually shot or not.Kemasa.
False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.
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so now the STATE is ripping us off. this is bull$h1t. this is another case of a state regulatory agency overstepping the law so they can bolster the state's coffers. this makes me mad.
where are the attornies here? this has GOT to be illegal or unconstitutional or agains tsome interstate free trade laws?
the FFL that transfers here in CA di not sell the gun nor did they accept money for it. so next time I order tires from the tire rack and take them to get mounted at the tire store will the tire store collect the tax.
I am ready to join the TEA party now. Taxed Enough ALready !!!!!!!!!!!!!!Last edited by Saym14; 11-18-2011, 3:25 PM.Comment
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Please explain how the state is ripping you off. Just because you don't like it nor agree with it does not mean that it is illegal or a rip off. I don't like it or agree with it either, but it is the regulations.
Really? It has to be illegal or unconstitutional? Do you have a legal background? If you really think it is illegal, please go hire an attorney to fight it. If you just don't like it, then please convince others to vote for people who can change this.where are the attornies here? this has GOT to be illegal or unconstitutional or against some interstate free trade laws?
It is where the firearm is transferred, which is where the ownership changes (although others will claim otherwise).the FFL that transfers here in CA di not sell the gun nor did they accept money for it. so next time I order tires from the tire rack and take them to get mounted at the tire store will the tire store collect the tax.
The tire store does not know where or when you got the tires, plus there is no basis for them to collect sales tax, but do you really want to give the BOE any ideas? They could have the tire store report it and then check your income tax return to see if you paid the sales tax.
Good, that is doing something about it rather than just complaining.I am ready to join the TEA party now. Taxed Enough ALready !!!!!!!!!!!!!!Kemasa.
False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.
Don't tell someone to read the rules he wrote or tell him that he is wrong.
Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. HeinleinComment
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Even more productive is to check your local community chapter, show up at an event or two and meet some people to find a way to get involved and volunteer with CalGuns Foundation's efforts to fight BS like this here in California. Also, consider taking the Pistolero Challenge (link in my signature), CGF doesn't print money to pay for the litigation on these cases.
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no - not an attorney -thats why I asked where they are.
IMO the transfer between me and the seller out of state is when they recieve my money in THIER state and place my itme that I now won in the mailbox in THIER state. the tranfer that heppens in CAL is only due to the federal interstate transfer laws and the 10 day wait. the CA dealer is a THIRD party merely handing me my handgun that I already paid for several weeks before.
I guess the State can now tax us for anything we buy over the internet upon reciept. they might as well have UPS and FEDEx collect the tax when they bring it to your door.Comment
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The fact that the CA FFL has to deal with does change things. The state wants the money and the FFL is an easy target, it is just the way it is.Kemasa.
False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.
Don't tell someone to read the rules he wrote or tell him that he is wrong.
Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. HeinleinComment
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Then stop complaining to and about FFLs, who can't do anything other than follow the law, and do something about it.
Please show me proof that a government agency makes up its own laws. This is one area in which I have an issue. People make all these claims because they don't like something, but have no proof that it is actually the case. In some cases, the legislature creates laws which allow the agency to make rules and policy, which means that the agency is not making up the law, but following it.
None of this is new either, but suddenly the laws are being enforced in a wider effort and people act like it is new.Kemasa.
False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.
Don't tell someone to read the rules he wrote or tell him that he is wrong.
Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. HeinleinComment
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the legislature creates laws which allow the agency to make rules and policy
this is what I mean - I am just ranting. unfortunatley the legislature leaves too much leeway to the agencies. I have seen it with AQMD developing thier own policies and citing businesses for it. I sat on a trail in Fed court involvoing the import of airplanes parts. the key to the prosecution was a federal policy. a few of us on the jury were smart enough to figure this out and it was deadlocked. yet the government was rying to send someone to prison based on a policy. after the DA asked us why we werent convined and we mentione the policy. he said, oh yeah, the judge would not allow the actual policy in as evidence but the prosecuted anyways, it was a hung jury.Comment
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Yes, but the FFL is required to collect the sales tax. So are you suggesting that the FFL should not do what they are required to do?
Also, it is important to understand that paying for an item does not mean that you legally own it. A vehicle is an easy example since if you don't fill out the forms (which varies depending who you are since dealers are different), you don't really own the vehicle even if you paid for it. You can prove, with the paperwork, that you have money invested in the vehicle, but you would not be able to report the vehicle stolen as you are not the registered owner. There are certain requirements for the transfer of a firearm.Kemasa.
False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.
Don't tell someone to read the rules he wrote or tell him that he is wrong.
Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. HeinleinComment
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Can the HK P7M13 be brought in as SSE if conversion kit is available? and mag send in as parts kit. ThanksComment
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