FFL to FFL Required...?

[K_SNIPER]

Hello all,

I'm curious...If I'm buying a handgun from a private individual within the state does the seller have to ship through a local FFL in their area to my FFL or can they send the handgun directly to my FFL? Also...do I have to pay sales tax on the transaction? Thanks...

[Librarian]

Hello all,

I'm curious...If I'm buying a handgun from a private individual within the state does the seller have to ship through a local FFL in their area to my FFL or can they send the handgun directly to my FFL? Also...do I have to pay sales tax on the transaction? Thanks...

Legally, seller to your FFL. As a business decision, your FFL has to agree to accept from a private individual; some don't care to do that.

However, usual private party transfer (PPT) requires both parties to be at the same FFL at the same time. I know there's a procedural way around that, but don't recall what it is.

See this link for "gun show transaction" -- I think this may be the procedure referenced in that post.

[bwiese]

I'm buying a handgun from a private individual within the state does the seller have to ship through a local FFL in their area to my FFL or can they send the handgun directly to my FFL? Also...do I have to pay sales tax on the transaction?u

The seller can ship directly to your FFL, regardless of whether or not he's inside/outside CA. However, for this to happen the handgun has to be Rostered (or exempt single-action/single-shot per 12133PC).

Some FFLs do not accept handguns from non-FFLs - however, given CFLC grief that may change since individuals can send guns to CA FFLs without going thru the CFLC process.

Non-Rostered handguns generally can't be transferred other than via a PPT which generally requires meeting at dealer (except consignment sales). There is a 'remote PPT' that appears possible and sanctioned by DOJ (via 'gun show transaction) and requires two CA FFLs, but other than Calgunner FFL 'mscales5' I have not heard of its use - especially since it involves extra effort on both sides beyond what the PPT fee would cover just at the destination FFL.)

[K_SNIPER]

Great info...Thank you. I'm still curious on the sales tax issue...:

If it is a PPT do I pay sales tax?

If the seller sends directly to my FFL due I pay sales tax?

If the seller uses their FFL to ship to my FFL is there sales tax?


Thanks again...

[Greg-Dawg]

Is the gun on the DOJ approval list? If not, you'll have some problems.

[K_SNIPER]

Yes...it is on the approved list. I'm just trying to determine if it's actually financially better for me to drive a few hours to do a PPT or not.

[hawk1]

Some FFL's will collect the sales tax and some don't. You will need to check with the FFL as to their policy. As always, if you don't pay the FFL the sales tax, then the state expects you to pay it to them when you file your state income taxes.
Many argue the FFL has no right, other than what the tax board says, to collect the tax. Choose whichever you feel best doing.

Weigh out your driving costs (two times) with your cost to have it shipped to your local FFL. Also add in any extra fee your FFL attaches for his service to receive the firearm if shipped to him. That fee is usually over and above the DROS PPT fee of $35

[OCArmory]

I wouldn't think the FFL would want to collect the sales tax. There isn't a sale on their books just a service.

[hawk1]

I wouldn't either, but they do. We have a few here on Calguns that do. Run a search and you'll see.

Better yet, look at this thread.

http://64.151.69.37/calgunforum/showthread.php?t=118369

[K_SNIPER]

Thanks for the info...!

[PIRATE14]

I wouldn't think the FFL would want to collect the sales tax. There isn't a sale on their books just a service.

How does that look......a service entry versus a sale enrty on the A&D book......

[halifax]

Great info...Thank you. I'm still curious on the sales tax issue...:

If it is a PPT do I pay sales tax?

If the seller sends directly to my FFL due I pay sales tax?

If the seller uses their FFL to ship to my FFL is there sales tax?


Thanks again...

This wouldn't be a retail sale, so it isn't subject to either sales or use tax even if FFL to FFL.

As for the split gunshow-type PPT, some FFLs are OK with it, many are not since there doesn't seem to be any definitive OK from DOJ regarding it.

If not a split-PPT, it would need to be on the roster.

Enjoy

[Bobshouse]

Hello all,

I'm curious...If I'm buying a handgun from a private individual within the state does the seller have to ship through a local FFL in their area to my FFL or can they send the handgun directly to my FFL? Also...do I have to pay sales tax on the transaction? Thanks...

Our club members obtain a copy of the club's FFL and have the individual ship directly to the club. We do not charge sales tax.

If you decide to drive up there and do a PPT, you gotta remember, your gonna have to drive up twice...once for the transfer and again 10 days later to pick it up! Once your FFL receives the firearm, he/she will enter it as a "new" dealer sale since the 2nd party will not be there to cosign the DROS form.

[ohsmily]

If it is a PPT do I pay sales tax?

Do not call this transaction a PPT. You are talking about having a gun shipped which would make it a dealer transfer. PPT is a specific term referring to a transaction where both buyer and seller are present at the FFL and transfer the gun . Though you are buying this from a private seller, the transaction is a standard dealer transfer. PPT stands for "private party transfer " though some people call it a "Person to Person Transfer/Transaction." For a PPT, the FFL may charge no more than $35.00 for the entire transaction. For dealer transfers, when a gun is shipped to the FFL, the FFL may charge any amount they desire.

[K_SNIPER]

Thanks to all for the info provided. Actually it would have been a PPT as I was contemplating driving up to do the deal face to face and weighing the costs of driving up 2x etc. I was able to find a local FFL who was willing to receive the handgun and do the transfer. All worked out in the end and I have found a great guy to deal with in FFL land......!