Rejected DROS :(

[vintagearms]

Ok, well never mind.. was just told that a private party transfer is ONLY in person and in the state.. all used guns from out of state are treated as NEW in California..

So our stupid, pointless, and convoluted gun laws just cost me $35. yeah! lol

Yup. Found this out when I was doing a PPT with another Calgunner. Luckily I was the seller, and not the buyer.

[kemasa]

Hey guys I have a question about sales tax. If i purchase a pistol from a guy who lives in sacramento he has to ship it through his ffl to my ffl. Now does this still count as a PPT or do I have to pay taxes on it? Please help I need to get this figured out so I can get it moving.

If the CA seller states that it is a private sale, an occasional sale and not from a business (ie. not a consignment, through a business for shipping is ok), then it would not be subject to sales tax unless the FFL finds the buyer or seller or gets involved with the price.

And yes, to the op anything not ppt transferred is considered new. Also requires sales tax.

Not correct. As stated, it has nothing to do with whether it is new or used, it has to do with whether it is a dealer transfer.

Also, you are incorrect about the sales tax. In the case of a C&R handgun from out of state where the CA buyer has a C&R FFL and when the seller is a private party, it is an occasional sale and not from a business, then it would not be subject to sales tax. Also, if the seller is a CA resident, then the same conditions apply, even if the firearm is shipped.

Yup. Found this out when I was doing a PPT with another Calgunner. Luckily I was the seller, and not the buyer.

A PPT is exempt from the 1 in 30, but both parties need to go to the same FFL.

[deviljon]

Okay now I'm more confused than ever. My apologies for providing incorrect information in my previous post and thank you for correcting me.

If I buy a non-c&r handgun from a private seller out of state and it is sent from the individual directly to my FFL, this means I DO NOT pay a sales tax, right? Assuming the seller was an occasional seller only.

[Zedrek]

Okay now I'm more confused than ever. My apologies for providing incorrect information in my previous post and thank you for correcting me.

If I buy a non-c&r handgun from a private seller out of state and it is sent from the individual directly to my FFL, this means I DO NOT pay a sales tax, right? Assuming the seller was an occasional seller only.

Correct.

[kemasa]

If I buy a non-c&r handgun from a private seller out of state and it is sent from the individual directly to my FFL, this means I DO NOT pay a sales tax, right? Assuming the seller was an occasional seller only.

Incorrect. If the firearm is out of state, then only exemption for the sales tax is for a C&R firearm where the CA buyer has a C&R FFL and the seller is a private party, it is an occasional sale and not from a business. The CA BOE changed their view, although the law did not change, saying that since the Feds require the firearm go through a CA FFL, that means that sales tax is due. In the case of the C&R, it is CA law which requires it to go through a CA FFL since the buyer has a C&R FFL. The previous view of the BOE was that if it came from a private party anywhere and was an occasional sale, not from a business, it would not be subject to sales tax.

Correct.

Your saying that he was correct, is actually incorrect.

[Damn True]

You're shady Steve-O

[mej16489]

If the firearm is out of state, then only exemption for the sales tax is for a C&R firearm where the CA buyer has a C&R FFL and the seller is a private party, it is an occasional sale and not from a business.

Aren't interstate-intrafamillial and interstate-inheritance transfers also exempt from sales tax collection?

[Zedrek]

Incorrect. If the firearm is out of state, then only exemption for the sales tax is for a C&R firearm where the CA buyer has a C&R FFL and the seller is a private party, it is an occasional sale and not from a business. The CA BOE changed their view, although the law did not change, saying that since the Feds require the firearm go through a CA FFL, that means that sales tax is due. In the case of the C&R, it is CA law which requires it to go through a CA FFL since the buyer has a C&R FFL. The previous view of the BOE was that if it came from a private party anywhere and was an occasional sale, not from a business, it would not be subject to sales tax.



Your saying that he was correct, is actually incorrect.

Oops. I guess I read it wrong.

[kemasa]

Aren't interstate-intrafamillial and interstate-inheritance transfers also exempt from sales tax collection?

Yes, I was talking about buying, although I did not specifically mention that aspect.

Gifts are not subject to sales tax, as well as inheritance. In the case of a gift, the person buying the gift would have to pay the sales tax based on where they buy it from, but the person getting the gift would not have to pay sales tax.

[Librarian]

Ok, well never mind.. was just told that a private party transfer is ONLY in person and in the state.. all used guns from out of state are treated as NEW in California..

So our stupid, pointless, and convoluted gun laws just cost me $35. yeah! lol

Just an amplification - the distinction is not NEW/USED, it's whether you buy from an unlicensed CA resident where both buyer and seller appear at the SAME FFL (that's a PPT).

Any other set of circumstances - seller is a CA FFL, handgun shipped from anywhere to buyer's FFL - the transfer is subject to 1-in-30.

For an extreme hypothetical example, back before 1-in-30, some CA resident could have bought a dozen new Colt Pythons, kept one to shoot, and is now selling off the other NIB guns. Buy from him at the same CA FFL, you get a NIB Python via PPT (somewhere around $6,000 in today's Gunbroker listings) and unless you live in City of LA, exempt from 1-in-30.