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Can a private party ship.......

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  • M1NM
    Calguns Addict
    • Oct 2011
    • 7966

    Can a private party ship.......

    to an FFL here in CA? I've finally found a Ruger No1 in 223. It's in MO can he ship it direct to an FFL here in CA and then I go in and fill out the paperwork. It's going to be a trade so will I have to pay sales tax on it?
    Thanks
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44641

    It's legal for a private individual to ship to an FFL.

    Some FFLs choose not to do business that way - call ahead to find out if yours will accept shipments from non-FFLs.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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    • #3
      oso grande
      Senior Member
      • Jun 2008
      • 868

      Originally posted by Librarian
      It's legal for a private individual to ship to an FFL.

      Some FFLs choose not to do business that way - call ahead to find out if yours will accept shipments from non-FFLs.
      If not...shop for a new FFL.

      Comment

      • #4
        kemasa
        I need a LIFE!!
        • Jun 2005
        • 10706

        This is in the Master FAQ, specifically:



        Yes, you would have to pay sales tax on it since trades are not exempt from sales tax. You are basically buying a firearm and selling a firearm. The money is the firearm that you are selling.
        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

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        • #5
          tonyxcom
          Calguns Addict
          • Aug 2011
          • 6397

          The only reason you need to pay tax is because its an FFL transfer and not a PPT. If you were trading guns between two CA residents (via PPT's) then neither one of you would need to pay tax.

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          • #6
            kemasa
            I need a LIFE!!
            • Jun 2005
            • 10706

            Originally posted by tonyxcom
            If you were trading guns between two CA residents (via PPT's) then neither one of you would need to pay tax.
            This is not always true. If the FFL gets involved in finding the buyer or seller or gets involved in the price of firearm, then the FFL would need to collect sales tax.
            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

            • #7
              tonyxcom
              Calguns Addict
              • Aug 2011
              • 6397

              It's a trade. What would you collect sales tax on? If you were such an FFL I would covert this transaction to a sale and IN FRONT OF YOU sell my gun to the buyer for $1 and then buy his gun for $1 and let you collect sales tax from us al you want. And then proceed with the two PPT's as planned.

              Comment

              • #8
                kemasa
                I need a LIFE!!
                • Jun 2005
                • 10706

                You can look at the BOE in regards to bartering, which is close to this. If the FFL got involved, most likely they would know the price, so the $1 would not work. Remember, the FFL has the firearms and can hold them due to sales tax evasion. In the case of a trade, it would be the value of the items.

                As I said, this ONLY applies if the FFL finds the buyer or seller or gets involved with the price (just like a consignment).

                Doing the transfer in from the FFL does not mean that it would be subject to sales tax.
                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

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