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Out of state PPT

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  • NorCal_
    Junior Member
    • Jan 2010
    • 93

    Out of state PPT

    I was wondering what the procedure was for an out of state PPT and what type of fees are FFL's allowed to charge the buyer?
  • #2
    Malthusian
    Veteran Member
    • May 2010
    • 4133

    Per Federal law both parties must be residents of the same State for a PPT transfer
    An out of State seller must utilize a FFL dealer to facilitate transfer
    Only guns on the roster may be shipped to CA and sold thru a FFL for private party or otherwise

    Usually if you find a rostered Gun on a site like Gunbroker, by the time you pay the FFL fees, shipping and CA "sales tax" at the time of DROS, it turns out to be cheaper to just have a local dealer order the gun for you

    The FFL can charge you whatever they want. The fees are not regulated. A local dealer here changes $100.
    To ship the gun, I have read runs around $60-$85 through UPS and it must be shipped overnight per their rules
    Last edited by Malthusian; 07-25-2010, 1:09 PM.
    "While it may come as a surprise to the authors of the legislation, most semi-automatic pistols do in fact come with a pistol grip"
    Malthusianism is the idea that population growth is potentially exponential while the growth of the food supply is arithmetical at best.

    Comment

    • #3
      kemasa
      I need a LIFE!!
      • Jun 2005
      • 10706

      As was said, there is no out of state PPT. A PPT is where both parties go to the FFL and both have to be residents of the same state.

      If the seller is not a FFL: If the firearm is a handgun, then depending on the FFL, it can be cheaper to ship it through a FFL since a FFL can ship it USPS rather than the expensive overnight UPS or FedEx. Long guns do not need to be shipped overnight, so it is cheaper to directly ship those. There is no requirement for a non-FFL seller to ship a firearm through a FFL, but it has to go to a FFL. Some FFLs will not accept shipments of firearms from non-FFLs.

      As was said, there is no limit to the fees that a FFL might charge. Sales tax is required if it is coming from a business, but if the seller is a private party, it is an occasional sale and they don't have a business and write a letter to document that, then it is sales tax exempt.
      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. Heinlein

      Comment

      • #4
        ChrisTKHarris
        Veteran Member
        • Sep 2009
        • 4203

        For comparison my local shop here in Sac charges $60 for FFL.
        Don't let the name fool you...

        Comment

        • #5
          kemasa
          I need a LIFE!!
          • Jun 2005
          • 10706

          Does that include the DROS fee?
          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. Heinlein

          Comment

          • #6
            NorCal_
            Junior Member
            • Jan 2010
            • 93

            My issue is that I don't want to pay a transfer fee and then pay sales tax on top of that. BTW its a private seller.

            Comment

            • #7
              Malthusian
              Veteran Member
              • May 2010
              • 4133

              Originally posted by NorCal_
              My issue is that I don't want to pay a transfer fee and then pay sales tax on top of that. BTW its a private seller.
              I would contact the FFL that you are planning on using to facilitate the transfer to get a total cost out the door

              Originally posted by kemasa
              As was said, there is no limit to the fees that a FFL might charge. Sales tax is required if it is coming from a business, but if the seller is a private party, it is an occasional sale and they don't have a business and write a letter to document that, then it is sales tax exempt.
              I had not heard about the "letter" so you may be GTG on the tax front. Most of the threads about "Sales tax" were in reference to Gun Broker purchases.
              "While it may come as a surprise to the authors of the legislation, most semi-automatic pistols do in fact come with a pistol grip"
              Malthusianism is the idea that population growth is potentially exponential while the growth of the food supply is arithmetical at best.

              Comment

              • #8
                NorCal_
                Junior Member
                • Jan 2010
                • 93

                Originally posted by Malthusian
                I would contact the FFL that you are planning on using to facilitate the transfer to get a total cost out the door
                I'll most likely be using City Arms in Pacifica.

                Comment

                • #9
                  kemasa
                  I need a LIFE!!
                  • Jun 2005
                  • 10706

                  Any purchase which is sales tax exempt should be documented, which is what the letter is for. Even if the firearm is shipped through a FFL, the sale can be from a private party and that is what counts, excluding where the FFL gets involved in the price or finding the buyer.
                  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. Heinlein

                  Comment

                  • #10
                    Malthusian
                    Veteran Member
                    • May 2010
                    • 4133

                    Originally posted by NorCal_
                    I'll most likely be using City Arms in Pacifica.
                    I have no experience with City Arms, however in another current thread about out of State transfer fees. City Arms was recommended
                    "While it may come as a surprise to the authors of the legislation, most semi-automatic pistols do in fact come with a pistol grip"
                    Malthusianism is the idea that population growth is potentially exponential while the growth of the food supply is arithmetical at best.

                    Comment

                    • #11
                      desertdweller
                      Member
                      • Apr 2010
                      • 270

                      Keep in mind what the law is for the other state. Arizona allows private transfer without going through an FFL, but like another poster said, you both have to be residents of that state. Once you get the gun here, there is a form you can fill out and send to the state along with $19 and register it.

                      Originally posted by Bhobbs
                      If self reliance is the cornerstone of a free society, self defense is the tip of the cornerstone.

                      Comment

                      • #12
                        halifax
                        Veteran Member
                        • Oct 2005
                        • 4440

                        Originally posted by desertdweller
                        Keep in mind what the law is for the other state. Arizona allows private transfer without going through an FFL, but like another poster said, you both have to be residents of that state. Once you get the gun here, there is a form you can fill out and send to the state along with $19 and register it.

                        http://www.ag.ca.gov/firearms/ab991.php
                        And how is he supposed to do that within the law without using an 01FFL in CA?
                        Last edited by halifax; 07-29-2010, 5:19 PM.
                        Jim


                        sigpic

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                        • #13
                          kemasa
                          I need a LIFE!!
                          • Jun 2005
                          • 10706

                          You can fill out the form after you get the firearm, which is after submitting the DROS, but it is pointless. The form can not be used unless BOTH parties live in CA.
                          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. Heinlein

                          Comment

                          • #14
                            hunter16
                            Junior Member
                            • Aug 2010
                            • 1

                            PPT transfer question

                            Could you provide the section of (presumably 922 of the GCA) which says
                            "both parties must be residents of the same State for a PPT transfer" for a state in which PPT is legal such as OR, NV and many other states?

                            Thanks


                            Originally posted by Malthusian
                            Per Federal law both parties must be residents of the same State for a PPT transfer
                            An out of State seller must utilize a FFL dealer to facilitate transfer
                            Only guns on the roster may be shipped to CA and sold thru a FFL for private party or otherwise

                            Usually if you find a rostered Gun on a site like Gunbroker, by the time you pay the FFL fees, shipping and CA "sales tax" at the time of DROS, it turns out to be cheaper to just have a local dealer order the gun for you

                            The FFL can charge you whatever they want. The fees are not regulated. A local dealer here changes $100.
                            To ship the gun, I have read runs around $60-$85 through UPS and it must be shipped overnight per their rules

                            Comment

                            • #15
                              ke6guj
                              Moderator
                              CGN Contributor - Lifetime
                              • Nov 2003
                              • 23725

                              Originally posted by hunter16
                              Could you provide the section of (presumably 922 of the GCA) which says
                              "both parties must be residents of the same State for a PPT transfer" for a state in which PPT is legal such as OR, NV and many other states?

                              Thanks
                              here you go:

                              for any person other than a licensed
                              importer, licensed manufacturer,
                              licensed dealer, or licensed
                              collector to transport into or receive in
                              the State where he resides
                              (or if the
                              person is a corporation or other business
                              entity, the State where it maintains
                              a place of business) any firearm purchased
                              or otherwise obtained by such
                              person outside that State
                              , except that
                              this paragraph (A) shall not preclude
                              any person who lawfully acquires a
                              firearm by bequest or intestate succession
                              in a State other than his State of
                              residence from transporting the firearm
                              into or receiving it in that State, if it is
                              lawful for such person to purchase or
                              possess such firearm in that State, (B)
                              shall not apply to the transportation or
                              receipt of a firearm obtained in conformity
                              with subsection (b)(3) of this section,
                              and (C) shall not apply to the
                              transportation of any firearm acquired in
                              any State prior to the effective date of
                              this chapter;

                              (5) for any person (other than a licensed
                              importer, licensed manufacturer,
                              licensed dealer, or licensed
                              collector) to transfer, sell, trade, give,
                              transport, or deliver any firearm to any
                              person
                              (other than a licensed importer,
                              licensed manufacturer, licensed dealer,
                              or licensed collector) who the transferor
                              knows or has reasonable cause to believe
                              does not reside in
                              (or if the person
                              is a corporation or other business entity,
                              does not maintain a place of business
                              in) the State in which the
                              transferor resides
                              ; except that this
                              paragraph shall not apply to (A) the
                              transfer, transportation, or delivery of a
                              firearm made to carry out a bequest of
                              a firearm to, or an acquisition by intestate
                              succession of a firearm by, a person
                              who is permitted to acquire or
                              possess a firearm under the laws of the
                              State of his residence, and (B) the loan
                              or rental of a firearm to any person for
                              temporary use for lawful sporting purposes;
                              based on those two sections, it is illegal to do a private party transfer without using an FFL to facilitate the transfer.
                              Jack



                              Do you want an AOW or C&R SBS/SBR in CA?

                              No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

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