private party shipment of rifle NC to CA FFL

[oldgreyguy]

I have a falling block Browning 1885 that I need to send to a friend in CA.

/ I live in NC
/ I am not a FFL holder
/ I have been told that I can send a rifle state to state, if it is going to a FFL, where all the requirements of that state would have to be met by the recipient
/ I was just told by a FFL in CA that it is illegal to do so


whats the skinny?

thanks folks

Bill

[M1NM]

That FFL in CA is DUMB! It is 100% legal for you to ship to your buyers FFL. The caveat is that the FFL has the option of accepting shipments from private parties. Tell your buyer to find an FFL that will accept from private party. If he's in the LA area tell him to go to Ace's http://www.acesjewelryandloan.com/ If an FFL wishes to ship to a CA FFL they must get an approval number from the DOJ - an individual does not need one. The buyer will need to go to the FFL after it arrives and pay a receiving fee of $25-150 (dealer sets price so shop around) and $25 for DROS (dealer record of sale) fee. He will also need to wait 10 days to pick it up. I've shipped using the Post Office. It's about $35. Pack it well in a sturdy box with lot's of bubble wrap & signature requested. Also include your friends name and contact info so the dealer can contact him when it arrives. Also on that sheet include that it is an occasional transaction between private parties and he'll save the state sales tax at most FFLs.

[Baboosh]

Sales tax will need to be paid no matter what FFL used unless the FFL is ignorant.

[Baboosh]

Also it must be CA compliant before it enters the state. The CA dealer cannot accept one not configured correctly.

[kemasa]

The CA FFL that said that it is illegal is an idiot. As said, some FFLs won't receive firearms from private parties.

If the firearm is a C&R and the buyer has a C&R FFL and the sale is from a private party, is an occasional sale and not from a business, then it would be exempt from sales tax when coming from out of state.

As said, it has to be CA compliant.

[rbetts]

Hope your friend passes his background check, cuz if he doesn't, we can't mail the gun back to you. Its gotta go to an FFL in your state. . . .

[oldgreyguy]

Thanks for the prompt replies, been a while since I was home (Morgan Hill), glad to hear that things are not quite as bad as I was thinking.

Being a Browning 1885 in 45-70, should not be a problem with compliance.... but... it is more like a mortar at long distance....

It is a gift, so no sales tax, or is it something based on value?

[kemasa]

It is a gift, so no sales tax, or is it something based on value?

You just need to include a letter stating that it is a gift. You should also check with the FFL to ensure that they know that a gift is not subject to sales tax though. Some seem to think that all firearms from out of state are subject to sales tax (there are others with different views as well).