Question about a PPT from out of state?

[keenkeen]

Hello,

I have done a lot of reading but have I am still not clear on this one:

1) A private party can ship a used (on-roster) handgun to my FFL in CA? (Assuming my FFL will accept)

2) The FFL then handles the transfer and can charge whatever they choose? (no issue here)

3) If #1 and #2 above are true then my final question is: Does this transaction count towards my "1 in 30" or is it like any other PPT?

Thanks in advance,

KeenKeen

[ke6guj]

1: yes
2: yes, because it is just a transfer, not a PPT transfer.
3, yes, because it isn't a PPT.

CA has a specific definition of PPT and anything shipped in, or from an out-of-state seller, is not a PPT.

[keenkeen]

Thanks for the clarification!

Thank you!...darn 30 day rule...

[Oceanbob]

By definition all Private Party Transfers are face to face.

(Yep..California has some backward rules)

[tenpercentfirearms]

Also transfers must be on the CA approved list of handguns for sale. So if it is non-rostered gun, you can't transfer it. It has to be PPT and in state (or sent from parents/grandparents).

[kemasa]

A PPT does not have to be face to face. Consignments are often done as a PPT, but the seller and buyer never see each other. Both the buyer and seller has to go to the same FFL to do the transfer, but it can be done at different times.

Also, not all transfers have to be on the CA approved list. If the firearm is exempt, such as a single action of a certain size or a C&R, then it can still be transferred.

[PinkStock]

In the above situation, is the CA FFL required to collect the sales tax? This is a different situation than a direct purchase from an out of state retailer, so I'm thinking no. But I'd love to hear from the friendly experts! Thanks in advance.

-Carminia
Metal Dog Tactical
(Tunis' wife)

[mtsul]

I'm interested ^

[BannedinBritain]

As long as it's not purchased from an out-of-State retailer/dealer, it is not subject to tax. If the seller uses an FFL to ship the firearm, then a copy of the sellers ID, or some statement from the seller that it is a private sale must accompany the firearm...otherwise I have no evidence it wasn't purchased from a retailer/dealer, and I would be forced to collect tax.

[kemasa]

In the case of a consignment, sales tax has to be collected since the FFL found the buyer and/or set the price of the firearm. A regular PPT can be required to have sales tax collected if the FFL finds the buyer or deals with the price of the firearm, but in that case it would be best to just go to another FFL to do the transfer since then that FFL would not have been involved.

Purchase from an out of state retailer/dealer is only one issue which requires sales tax be collected, but it is not the only one.

There is a thread on sales tax in this forum for more details.

[PinkStock]

Thanks, I've reviewed the threads. However to clarify - if it is not a consignment situation, the out of state private party seller and CA buyer have made all purchase arrangements between themselves. The out of state FFL is only involved in the process of shipping the firearm to me. In that case, from what I have read, sales not is not collected, although I must retain a copy of the seller's I'd and some kind of statement from the seller that it is a private sale. I don't want to confuse the issue with other, different situations such as consignment or retail sale by an out of state dealer.

[kemasa]

I was told to get a statement from the seller that it is a private sale, an occasional sale and that they don't have a business. If that is the case, then no sales tax is collected. It is best to document it so as to not have any future problems.

[BannedinBritain]

Thanks, I've reviewed the threads. However to clarify - if it is not a consignment situation, the out of state private party seller and CA buyer have made all purchase arrangements between themselves. The out of state FFL is only involved in the process of shipping the firearm to me. In that case, from what I have read, sales not is not collected, although I must retain a copy of the seller's I'd and some kind of statement from the seller that it is a private sale. I don't want to confuse the issue with other, different situations such as consignment or retail sale by an out of state dealer.

Not really necessary for you to retain it...most of us are satisfied with either a copy of the seller's ID, or a statement that it's a private sale. We retain the copies simply on the chance BOE audits us and wants proof the sale was not from a retailer.

[kemasa]

The problem with just a copy of the ID is that it says nothing about it being a private sale, an occasional sale or that the person does not have a business, all of which are issue. Perhaps it is good enough, but you won't know that until you are audited, perhaps by one person who is a bit more picky than others.