See I think that's that baboosh was talking about no law requiring them to be there same time but wanted to know how the process would work with money transfer it's on them I guess like you said and I'm thinking a dros worksheet will be filled out if it was a ppt that way.
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Ppt process
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DROS worksheet.
There is nothing saying that you can't hold onto the money, but realize that if something happens to it, then it is on you. If you do hold the money, I would suggest having the person seal it in an envelope and sign or initial it so that it can be shown it was not opened.
If you were to do it as a consignment, then the firearm has to be held for 30 days and you have to be a secondhand dealer, as well as filling out all of the required forms.Kemasa.
False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.
Don't tell someone to read the rules he wrote or tell him that he is wrong.
Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. HeinleinComment
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Yes, but not at the same time.
No.
Both people have to go to the FFL, but it does not have to be at the same time. A DROS worksheet can be used. That does not make it a dealer sale. If the FFL gets involved in finding the buyer/seller and/or gets involved in the price, then sales tax has to be collected.Kemasa.
False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.
Don't tell someone to read the rules he wrote or tell him that he is wrong.
Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. HeinleinComment
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You cannot be involved in the process of the sale, holding money is being a part of a sale IMO. I do not want to be responsible for any money.Last edited by Baboosh; 10-26-2015, 4:20 PM.Just a normal guyComment
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We have had customers pay for a pistol via PayPal, check etc and the seller will drop it off and fill out the paper DROS form. Buyer then comes in and does 4473 and completes paper DROS form and we submit it as a PPT.See I think that's that baboosh was talking about no law requiring them to be there same time but wanted to know how the process would work with money transfer it's on them I guess like you said and I'm thinking a dros worksheet will be filled out if it was a ppt that way.
We never touched the money. We never negotiated for either the buyer or the seller. We never verified money, gun condition etc.Just a normal guyComment
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And again we do this for customers we know, or sometimes we know the seller and buyer and they just work different schedules and can never hookup at a normal FFL so buyer pays seller and then the seller drops off the firearm.
But we never get in the middle of the transaction or act an as escrow middleman.Just a normal guyComment
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To be clear there is nothing that says they must be present at the same time, just present at the FFL.a PPT both seller and buyer are there at the same time. "You" have nothing to do with the sale and or the money other than the $35 PPT fee you collect.
If you have anything to do with facilitating a PPT you must collect sales TAX (other then just doing the paperwork).
any other sale is a "DEALER" sale
Now for 99.99% of shops they will not do this or understand this because it does put some liability on the shop. We will never do this for just anyone nor is it a blanket policy.
Smoothtang:
For now do everything 110% above what you should do until you start to understand the laws more. Yes we may do somethings that are not spelled out as 'a dealer can do this this and this' but as long as it doesn't say 'a dealer cannot do this this and this'. I read the laws, I study the laws, I talk about the laws with other FFLs and our attorney. While we may not be doing it as it was intended we are not doing anything illegal but it is up to YOU to know and understand that. You can't take a statement and blindly apply it, you need to read it, study it, look at difference scenarios and then make a decision on your own.Just a normal guyComment
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Ok great thank you very much understood and thanks for helpTo be clear there is nothing that says they must be present at the same time, just present at the FFL.
Now for 99.99% of shops they will not do this or understand this because it does put some liability on the shop. We will never do this for just anyone nor is it a blanket policy.
Smoothtang:
For now do everything 110% above what you should do until you start to understand the laws more. Yes we may do somethings that are not spelled out as 'a dealer can do this this and this' but as long as it doesn't say 'a dealer cannot do this this and this'. I read the laws, I study the laws, I talk about the laws with other FFLs and our attorney. While we may not be doing it as it was intended we are not doing anything illegal but it is up to YOU to know and understand that. You can't take a statement and blindly apply it, you need to read it, study it, look at difference scenarios and then make a decision on your own.Comment
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The maximum PPT fee you can charge is $10a PPT both seller and buyer are there at the same time. "You" have nothing to do with the sale and or the money other than the $35 PPT fee you collect.
If you have anything to do with facilitating a PPT you must collect sales TAX (other then just doing the paperwork).
any other sale is a "DEALER" sale
Furthermore, you might want to verify the sales tax thing. I'm not sure PPT requires sales tax on a used gunComment
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I am sure he was talking about the total, $25 DROS and $10 FFL.
You might want to check on that yourself. New or used does not matter. What matters with a PPT is if the FFL finds the buyer/seller and/or gets involved with the price, in which case it becomes subject to sales tax.Furthermore, you might want to verify the sales tax thing. I'm not sure PPT requires sales tax on a used gunKemasa.
False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.
Don't tell someone to read the rules he wrote or tell him that he is wrong.
Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. HeinleinComment
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