Does anybody know the Ca. laws on FFL's

[Big Rich]

Question;
Do I have to pay sales tax on a firearm purchased out of state from a private party /non dealer?
The reason I ask is;
A local (San Diego County) FFL did not charge me sales tax on a purchase from Gunbroker on 8/16/17. The same FFL told me I had to pay sales tax on a purchase from Gunbroker on 9/15/17. I told the worker that I did not pay the sales tax a month before. talk to the manager. The worker came back and told me there is no tax on a non dealer purchase. All Good.
The following day (today, Sunday) I get a call from the FFL worker telling that he has to charge sales tax because there is a dollar number on the receipt and they do not know the seller is not a dealer. I am confused and so are they.
Has this happened to anybody else? What does the law say? Any help would be greatly appreciated. Thank you kindly, Big Rich
Quote;
"The road to hell is paved with good intentions". Taquitaria,Cabo San Lucas 1972

[acespawnshop]

read the sticky

http://www.calguns.net/calgunforum/s...d.php?t=366781Read the sticky.

[kemasa]

The CA BOE changed their view, even though the law has not changed.

With limited exceptions, any firearm coming from out of state is subject to sales tax. The BOE sent out a letter about it. The excuse they use is that Federal law requires it go through a FFL, so it is subject to sales tax. Yeah, go find that in the Code. If state law requires it, then it does not require states tax. Gifts are exempted, as well if the non-CA seller is a private party, it is an occasional sale, the firearm is a C&R and the buyer has a C&R FFL, then it is not subject to sales tax.

It does not matter if there is a receipt or not, the FFL is require to submit the sales tax. They are not required to get it from the customer, but since most FFLs don't have unlimited money, they tend to get it from the customer. That FFL is going to have problems if audited, which happens.

You need to read the sticky on sales tax from first to last since changes occurred over time and until you get to the end, you might not see all the changes.

[Big Rich]

Thanks for your help. I will pay the tax on this one. I better keep my mouth shut, cause I am still one ahead at this point.

[kemasa]

If you want the FFL to continue to be in business, you should say something.

[kemasa]

The FFL should collect the tax, however they are not required to. It's a very confusing law. We never collected the tax on firearms received at Bright Spot Pawn that were not sold by us. It can be left in the hands of the broker (auction site) or buyer to report and pay because the receiving FFL did not process the actual sale, just the State DROS requirement.

You had best look at the regulations as it is required, not optional. Posting such things on a public forum where it is known to be watched is a bad idea.

CA considers the CA FFL to be the retailer if the seller does not have a presence in CA. It really isn't all that confusing, just annoying.

Please don't give false information.