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?
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Out of state PPT
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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 rulesLast 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. -
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.
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For comparison my local shop here in Sac charges $60 for FFL.
Don't let the name fool you...Comment
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Does that include the DROS fee?Kemasa.
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I would contact the FFL that you are planning on using to facilitate the transfer to get a total cost out the door
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.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."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
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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. HeinleinComment
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"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
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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 BhobbsIf self reliance is the cornerstone of a free society, self defense is the tip of the cornerstone.Comment
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And how is he supposed to do that within the law without using an 01FFL in CA?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.phpLast edited by halifax; 07-29-2010, 5:19 PM.Jim
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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. HeinleinComment
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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
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 rulesComment
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here you go:
based on those two sections, it is illegal to do a private party transfer without using an FFL to facilitate the transfer.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;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.Comment
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