DROS Fees/different question though

[oddjob]

I have a FFL who is a super cool person, so no problem there. He charges $45 for a PPT because the city charges $10.00 for every firearms transfer (ppt or regular sale). I'm assuming this is legal since the city is requiring the fee/tax and not the dealer. Just curious.

I'm not going to reveal the name of the dealer or city because I don't want anything to happen to him or his license. Lets face it ......local govt has enough juice to drive business out or at the very least be tough on them.

thanks

[chiefcrash]

i gotta say, that's a new one for me...

[dfletcher]

Can you verify that the city does charge a fee? I don't know the answer, is it legal for the city to charge a fee? Exactly what do they do for this fee?

[zatoh]

Is it itemized on the receipt as:

$35 DROS
$10 City Fee
------------
$45 Total

or does he charge a straight $45 as DROS? If so the that would be illegal. He should itemize the receipt just to stay "above the board". That way the city would/should take the fall (possibly because of preemption?). It would be nice to see the city spanked by the state.

[ohsmily]

I call BS that the city is charging $10.00. I think he just tells his customers that. What city is this? I want to look at the municipal code for that city to verify what he is saying.

[Darklyte27]

From what I understand it cannot exceed 35$ for a Private party transfer.

Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example:

1. For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction.
2. For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of$10.00 per each additional firearm transferred.

(PC section 12072(d))

[trinydex]

in that case wouldn't the city be committing a misdemeanor offense? just sue the city. i think he's buyin' you an extra long cashmere beanie though.

[randy]

What the city does for this fee is grant him a business license. That being said I'm throwing the BS flag on the this.

[foxtrotuniformlima]

I'd think not. If this were possible, you know damn well the City of Angels would have done it a looooooong time ago.

[berto]

What city? This smells bad.

[dfletcher]

Since state law specifically restricts the dealer, if the city is somehow legally initiating the $10.00 charge then isn't the dealer still restricted (per state law) to a $35.00 total and he, not the buyer, must eat the $10.00 city charge?

If the state intended to make an exception for dealers for city fees they would have written that into the law, correct?

[TheBundo]

Tell the dealer you are going to file a claim or sue the city for the illegal $10 fee. Ask him for info on the fee, and tell him that you may call him as a witness. Then watch his reaction...........

[audihenry]

No, he's just feeding you a bunch of bull**** and you're eating it right up.

[oddjob]

Fee

My FFL is a decent person and so I'm still not going to mention his business or city, but the question remains. Lets assume the city DOES this. Is it legal since its the city that requires the fee/tax and not the FFL?

[ohsmily]

My FFL is a decent person and so I'm still not going to mention his business or city, but the question remains. Lets assume the city DOES this. Is it legal since its the city that requires the fee/tax and not the FFL?

That is just stupid. And no question still remains.

Also, why should we assume the city is charging the fee and have a whole argument about it when there is no evidence that the city is actually doing that? How about we confirm or deny it first? I have never heard of this happening. Ask your FFL to show you the code or ANY documentation about the city charging an additional fee.

If you want to play the game, fine, I will, the penal code states that no other fees may be charged over what is specifically outlined in the code. (35.00 total). So NO, a city may not tack on a greater fee. Your FFL is either inexplicably confused or lying.

If someone shows me a muni code or ordinance or any other law imposed by the city in question that outlines the 10.00 additional charge, then I will (happily) eat my words and apologize to you and your FFL. Until then, I call BS. And since you won't tell us what city he is in, then I will just assume he is committing a crime under PC 12082 by charging an illegal fee.

How about you tell us what city his business is in so we can establish whether he is actually being charged by the city or feeding you a load of BS? If you prefer to stay in the dark and be a sheep, go for it.