Customer with C&R in Two States

[Nardo1895]

I have a customer who has two legal residents; one in CA and one out of state. He has separate C&R licenses for both locations. He'd like to ship me a C&R handgun that is at his out of state residence for me to DROS for him here in CA. I'm confident this is legal to do since its a C&R, I'm just not sure how to DROS it. Would I do it as a normal C&R Handgun Sale?

Second related question; do I charge him sales tax?

Third related question; he will be shipping this to me via FedEx Priority Overnight or UPS Next Day Air. Will the shipper require a copy of my FFL? I know I'm not supposed to give a non-FFL a copy. Just wondering if not having a copy will be a problem for him when he goes to ship it.

Thanks

Mike

[six seven tango]

Since an 03 can purchase a C&R handgun while physically out of state and then bring back to CA and self register without going thru an 01, why can't he just log it from one license to the other while out of state and bring it back like a purchase?

There's a CG member that has 2 03's, and I believe that's how he does it.

[acespawnshop]

I believe, but not 100% if he uses his C&R out of state to acquire firearms he does not need to DROS Them here in CA.

[Nardo1895]

If he were physically at his out of state location I agree he could bring it back to CA and then just send in the DOJ form to register in CA. But he's not physically there and may not be for a while. He would like to have a family member ship it.

[acespawnshop]

If he were physically at his out of state location I agree he could bring it back to CA and then just send in the DOJ form to register in CA. But he's not physically there and may not be for a while. He would like to have a family member ship it.

Oh I see, yes now I agree with you.

[acespawnshop]

Have them use ATF's EZ check system to verify they are sending it to a licensee in good standing. That's what its there for! No FFL sent to them, just first 3 and last 5 and they can be confident they are compliant with the law in sending it to a FFL.

[Nardo1895]

"Have them use ATF's EZ check system to verify they are sending it to a licensee in good standing. That's what its there for! No FFL sent to them, just first 3 and last 5 and they can be confident they are compliant with the law in sending it to a FFL."

Excellent suggestion, thanks.

What do you think about Sales Tax? I'm not making a sale, but the same could be said about an internet transfers and those are taxed.

[acespawnshop]

I would say no because its already his own gun correct? If so I would say not. I would argue that he is simply complying with CA law in bringing his own firearm into CA by going through an 01 FFL. Kemasa, chime in here he's the resident tax expert.

[kemasa]

If he were physically at his out of state location I agree he could bring it back to CA and then just send in the DOJ form to register in CA. But he's not physically there and may not be for a while. He would like to have a family member ship it.

That is a problem since the person shipping it is getting access to the firearm and it was never transferred to them. In a free state it might not matter though. It could raise the question as to why it was shipped to a FFL when he could have brought it back himself. As well, you would not really be receiving the firearm from him, but from some other person who ships it.

Too bad he is not there as he could bring it back with him or ship it to a FFL for cleaning and then have it returned to him.

I would say no because its already his own gun correct? If so I would say not. I would argue that he is simply complying with CA law in bringing his own firearm into CA by going through an 01 FFL. Kemasa, chime in here he's the resident tax expert.

I would say that the FFL would need not collect sales tax on it since he already owns it. I suppose it could be considered to be a gift to himself.

He may owe sales tax on it depending on how long he has owned it. I remember a discussion about buying things out of state and then bringing it back it. There were some time based issues. Not sure of how they would know though.