Del

[wireless]

Thanks for the responses guys.

But I think a couple of points are being missed here.

There is a different tax procedure in place for out of state private partys who don't frequently sell firearms, used or "new".

My DROS paperwork doesn't state a store or individual. Simply "USED".

This vendor DOES have a specific section mentioning tax and the amount on their sales invoices. Mine was listed as "non inventory item" (did some sleuthing to find this).

I contacted the FFL in question undercover and they confirmed there is NO TAX assessed from private parties out of state if there is a simple letter stating they don't engage in frequent selling.

Contacted Riflegear and they stated NO SALES TAX for out of state private party transfers. Period.

So it seems we have a conflict of opinions.

Riflegear charged me sales tax on out of state item from an individual about eight weeks ago.

Read all the links I posted or go to the FFL section on calguns. BOE re-interpreted the meaning of the law and requires FFLs to collect sales tax on guns purchased out of state from an individual because the DROS is not considered a PPT.

[wireless]

Also you clearly didn't read the entire thread I linked or else you wouldn't be quoting old information.

[wireless]

Pursuant to the California Sales and Use Tax Law, Federal Regulations and the additional citations that were provided to you in prior emails, when a California Federal Firearms License (FFL) dealer (California FFL dealer) completes the registration paperwork and delivers a firearm to a California purchaser for an out-of- state private party seller or an out-of-state retailer not registered with the BOE as a retailer engaged in business in this state, it is presumed that the California FFL dealer is the retailer of the firearm. This is due to the fact that by operation of law, only the California FFL dealer possessing the firearm has power to cause title to the property to transfer to the purchaser. Thus, as the retailer in such transaction, the California FFL dealer owes sales tax on the total amount of the sales price of the gun including their service charge.

That's the simplest version I found explaining why sales tax is charged.

Rifle gear charged me sales tax on a Galil receiver from an individual 8 weeks ago. If AmmoBros is not collecting sales tax on out of state transfers from an individual, they better pray the BOE doesn't audit them. However, I doubt they aren't since the California Sales and Use Tax Law is pretty clear.

[rromeo]

Okay, I can not be sure if they need to collect tax on a gun sold by a private individual outside of California. The second sentence of the original post makes that irrelevant anyway.

[pacrat]

<snip> reading entire thread fail.