Fees - So Confused

[Dakitez]

the receipt reads as:
$10 - transfer by 2 parties
$19 - DROS
$6 - GOV fees
$1 - ADM

I saw the extra $1 and just laughed to myself. I already did not like the gun room, but they were the only place open on Sunday and that day worked best for the seller and myself. The part I really enjoyed was I had that sales person tied up for almost an hour doing this transfer and during that time he was not making the store any money

[ugimports]

the receipt reads as:
$10 - transfer by 2 parties
$19 - DROS
$6 - GOV fees
$1 - ADM

I saw the extra $1 and just laughed to myself. I already did not like the gun room, but they were the only place open on Sunday and that day worked best for the seller and myself. The part I really enjoyed was I had that sales person tied up for almost an hour doing this transfer and during that time he was not making the store any money

Given how that receipt is written you may not have anything to report. The issue with mis-charged PPTs is when dealers mis-represent the fees. Here they clearly showed an internal administrative fee. While having to have paid that sucks they did not mis-represent the additional $1 as being part of the PPT fee itself. It would be no different if they called that extra $1 a safe storage/insurance fee or some other BS.

As long as they don't say the extra $ goes towards any of the state mandated fees I don't think it's illegal.

[kemasa]

Yes, it is illegal as the maximum fee that can be charged, in addition to the DROS, is $10. The law was changed because FFLs were charging storage fees and the like to increase the money that they got, so it got tightened down.

It is a separate issue about misrepresenting the fees.

http://ag.ca.gov/firearms/pubfaqs.php#9

14. I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?

Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the; buyer is denied), must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement.

Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example:

1. For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction.
2. For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of$10.00 per each additional firearm transferred.

(PC section 12072(d))

[ugimports]

Yes, it is illegal as the maximum fee that can be charged, in addition to the DROS, is $10. The law was changed because FFLs were charging storage fees and the like to increase the money that they got, so it got tightened down.

It is a separate issue about misrepresenting the fees.

http://ag.ca.gov/firearms/pubfaqs.php#9

I could have sworn there was a store in the Bay Area that had their audit come and go and were told storage fees were ok as long as clearly detailed out and not listed as a service fee for the transaction. As shown in the guys itemized receipt the extra $1 is itemized separately so it doesn't appear to be part of the $35 included in the PPT fees.

I guess it could be arguable if the dealer is indeed breaking the law or not depending how the receipts are written up in my opinion.

[kemasa]

They can charge for storage if the firearm is not picked up after the 10 days, but they can not charge for storage during the 10 days. In the distant past, they could charge for storage during the waiting period, but that changed since the intent was that the total fee was limited to $35 since people are forced to go through a dealer.

[ugimports]

They can charge for storage if the firearm is not picked up after the 10 days, but they can not charge for storage during the 10 days. In the distant past, they could charge for storage during the waiting period, but that changed since the intent was that the total fee was limited to $35 since people are forced to go through a dealer.

That must be what I saw/heard...