How many other FFLs are getting tired...

[metalhead357]

You should have claimed the use tax when you imported it into the state.

I believe this is what is called an "occassional sale" and since you are not in business, you should be fine when you sell it.

So therein lies the diff. the INDIVIDUAL pays the tax......not the "company". If you were to use your 01 FFL status...say after work (far shot I know) you are not "in business" but only (excuse the phrase) the hireling delivery agent between party X and party Z..........

that <logic> make sense?
God Wes......I dont envey your spot....

[glockman19]

I get $3324 in phatom sales

phatom sales, NOT a sale NOT a taxable event

Everyone thinks they know what they are talking about

You included. Your web site states:

7. How many handguns can I buy at a time?

The State of California has determined that you should only buy one handgun in a 30 day period. Handgun transactions related to law enforcement, private party transfers, returns to owners, and other specified circumstances are exempt from the one-handgun-per-30-day restriction.

WRONG I can and have bought more than one gun at the same time you can only DROS one gun every 30 days. You're almost correct just like you're almost correct and will be found wrong as soon as Gene does his research.

How do you know? Have you looked at the requirements?

The FFL transfer is a SERVICE NOT A SALES EVENT.

You're just another not to buy from, but being in LA we'll probably never do business anyway.

God Bless

[hoffmang]

4 Brigada: When Wes orders a firearm for his own inventory, he either presents his reseller certificate or it comes from out of state so the distributor or manufacturer doesn't care or doesn't have to collect sales or use tax. When Wes sells from inventory, he then has to collect sales tax.

If you paid 6% NC sales tax from an NC FFL, and BOE is right that Wes has to collect use tax, you can give Wes a copy of the receipt (which will spell out the tax you paid) and Wes will subtract the 6% you paid from his local sales tax which is 7.25% if memory serves leading him to collect 1.25% as he outlined above in another example.

There is an exemption in sales and use tax for buyers and sellers when the seller is an individual and the sale is "occasional." Occasional is basically 3 or less times per year, but I doubt this is easily enforceable. That said, don't try 30 transactions a year...

-Gene

[hoffmang]

Glockman,

You need to quote some law and not some common sense. Common sense would mean we wouldn't have an AWCA.

I suggest you read this and note that BOE has been telling FFL's the wrong thing for a while: http://www.net-ffl.com/salestax.pdf

-Gene

[metalhead357]

WRONG I can and have bought more than one gun at the same time you can only DROS one gun every 30 days. You're almost correct just like you're almost correct and will be found wrong as soon as Gene does his research.

Glocker dude...give it a rest. You're trying to pick a fight. You either misread or misintrepreted what's been said. You CAN buy more than one handgun per 30 days...even multiple DROS-- BUT THEY CAN NOT BE NEW GUNS...only 1 per 30 days on NEW guns.....

Jeez dude, take some malox and wind down with some tea........

[warpspeed]

Sorry for not reading the 3 + pages of info. If I repeat anything as a result, I'm sorry ( not really )

It seems 2 things are going on.


1) 10 % ( or any FFL in CA for that matter ) has a SBE #. Therefore, they are a reseller or retailer in CA and subject to there code.

2) As an FFL, they take possession of the item. They log it in to their books. Now, they transfer it to you. They, the retailer, transfered item to you in CA, and are required, by law, to collect tax. In this case, Use Tax as they did not sell it to you, only delivered it.

[NRAhighpowershooter]

Ok Guys...this threads gone way of topic and gotten messy, if you really want to debate this issue start a thread on it and keep it polite.I'm locking it down....