When CA FFLs should collect SALES TAX from consumers.

[mag360]

I traded for my guns shipped from buds. Do they want a letter saying so?

[Mobius38]

So let me get this streight? So say I buy a gun from a gun deal in Arizona (not a private party) The ship the gun to a FFL near me. That FFL then will charge me a DROS fee ($35) plus a possible fee to recieve the gun as well as sales tax on the cost of the gun? Am I correct?

[kemasa]

Not correct, the DROS fee is $25. The FFL can charge any fee they want and they are required to collect sales tax, so the rest is correct.

[xLusi0n]

The only difference between me buying this gun from an out of state retailer online vs. buying a jacket online (from an out of state retailer) is that the government forces me to go through a dealer...it is on the purchaser of the jacket to pay use tax on it if he uses it in CA, IMO (which is different than what the BOE states) it shouldn't be any different with a gun. Unfortunately, it appears that they'll find any excuse to collect mandatory social program donations from you. Another reason I left CA.

[JeffM]

The only difference between me buying this gun from an out of state retailer online vs. buying a jacket online (from an out of state retailer) is that the government forces me to go through a dealer...it is on the purchaser of the jacket to pay use tax on it if he uses it in CA, IMO (which is different than what the BOE states) it shouldn't be any different with a gun. Unfortunately, it appears that they'll find any excuse to collect mandatory social program donations from you. Another reason I left CA.

It would be the same amount either way. B*tch about it all you want, I do, but the only people that make a stink about it are those who want to evade paying it altogether.

[THT]

FYI but CA is not the only one doing this. Washington FFLs are also required to collect sales tax on any guns transferred into the state based on the invoice. If the invoiced amount is obviously understated (up to the FFL's judgement), it's up to the FFL to assess sales tax on market value as determined by them.

[kemasa]

You are supposed to pay sales tax on purchases made out of state, so the only difference is that with the case of a firearm, you are forced to pay because the FFL, a CA business, is required to collect the sales tax.

[zvardan]

If I purchase 1 or 2 firearms out of state a year and have them mailed to a CA FFL, does this not qualify as "occasional"?

[jtmkinsd]

If I purchase 1 or 2 firearms out of state a year and have them mailed to a CA FFL, does this not qualify as "occasional"?

Has nothing to do with sales/use tax on the firearms. If you only bought 1 in your life. Sales/use tax is due whenever you purchase a firearm from an out-of-State retailer.

[kemasa]

Occasional applies to the seller, not the buyer. If the seller is a private party, but is selling more than on an "occasional" basis, then sales tax would be required to be collected even though the seller does not have a business.

[nobama]

Article I Section 9 of The United States Constitution says "No Tax or Duty shall be laid on articles exported from any state"

[kemasa]

In this case, it applies to items which are imported, but in any case feel free to fight this, as well as all the infringements on the Right to keep and bear arms. It might be unConstitutional, but unless you have the money to fight it the most you will get is free room and board and all the sex that you don't want.

[tenpercentfirearms]

In this case, it applies to items which are imported, but in any case feel free to fight this, as well as all the infringements on the Right to keep and bear arms. It might be unConstitutional, but unless you have the money to fight it the most you will get is free room and board and all the sex that you don't want.

Why do we ever fight Ken? That is the funniest thing I have read in a while. Let's never fight again!

[meangreen46]

I thought about you guys the other day when I talked to a guy who owns a business that deals with the movie industry. I told him about the BOE and how the tax works on guns, etc. He said that the BOE came after him one time and in his words, "They make the IRS look like little puppies when it comes to collecting." Apparently, they froze all his assets and took money from his bank accounts. When he wrote to them and asked for a payment plan, they simply wrote back, "We do not offer payment plans" and continued taking money from his accounts until he paid his debt.

I'm all for getting the best deal, but I hope these FFLs have their ducks in a row when it comes time for audits. I would much rather see them stick around and continue selling guns.

[kemasa]

My personal opinion is that it is the FFL's job to follow the law and collect the sales tax as required and it is the voter's (aka buyer's) job to take action to get the laws changed to something more reasonable. Complaining to the FFL and others gun owners will not get things changed.