CMP Garand and the CFLC form

[rbetts]

Just received a Garand here from the CMP with their obligatory letter stating that they are exempt from FFL reporting. No CFLC form was included. I called them and got a hold of the managing director. He said he has been sending Garands to dealers in CA since the law change on 1/1/14 without issue and without the authorization letter.

He could not provide any information or letter from the DOJ stating that they are exempt from the CFLC. Instead, he gave me a phone number for a woman at Guns Direct in Burbank who received it without the form and said "talk to her".

Anyone have any light to shed on this issue? CFLC exempt?? How so?

[Mssr. Eleganté]

The CMP is not an FFL. That's why they are exempt from the CFLC.

[rbetts]

Perfect. . . .Well at least I still get to collected taxes for the state on the rifle. DOH!!!!!

[ke6guj]

Perfect. . . .Well at least I still get to collected taxes for the state on the rifle. DOH!!!!!

do you?

since federal law allows for CMP to ship directly to the buyer, and the only reason it is going through a CA dealer is because of CA law, shouldn't it be exempt from tax for the same reason that the BOE said that intrastate Private Party Transactions facilitate through a CA FFL are exempt from sales tax but interstate Private Party TRansactions aren't?.

Since the only reason the CA FFL is involved in an intrastate Private Party Transaction is due to CA law and federal transfer laws do not apply, couldn't a CMP transfer be looked at the same way? that the only reason that the CA FFL is involved is to satisfy CA law, and that the same reason they explained why sales tax would apply to an interstate Private Party Transaction would be exactly why it wouldn't apply to a CMP transfer?

[Funtimes]

do you?

since federal law allows for CMP to ship directly to the buyer, and the only reason it is going through a CA dealer is because of CA law, shouldn't it be exempt from tax for the same reason that the BOE said that intrastate Private Party Transactions facilitate through a CA FFL are exempt from sales tax but interstate Private Party TRansactions aren't?.

Since the only reason the CA FFL is involved in an intrastate Private Party Transaction is due to CA law and federal transfer laws do not apply, couldn't a CMP transfer be looked at the same way? that the only reason that the CA FFL is involved is to satisfy CA law, and that the same reason they explained why sales tax would apply to an interstate Private Party Transaction would be exactly why it wouldn't apply to a CMP transfer?

Man. This just got serious. Where is my tylenol? I'm in for some pain learning paperwork.

[kemasa]

do you?

since federal law allows for CMP to ship directly to the buyer, and the only reason it is going through a CA dealer is because of CA law, shouldn't it be exempt from tax for the same reason that the BOE said that intrastate Private Party Transactions facilitate through a CA FFL are exempt from sales tax but interstate Private Party TRansactions aren't?.

Since the only reason the CA FFL is involved in an intrastate Private Party Transaction is due to CA law and federal transfer laws do not apply, couldn't a CMP transfer be looked at the same way? that the only reason that the CA FFL is involved is to satisfy CA law, and that the same reason they explained why sales tax would apply to an interstate Private Party Transaction would be exactly why it wouldn't apply to a CMP transfer?

There are a couple of issues which makes the answer maybe.

Based on the letter I received from the CA BOE regarding C&R handguns where the buyer has a C&R FFL, as long as the seller is an occasional seller and not from a business, it is not subject to sales tax since it is CA law which requires that it goes through a FFL, not Federal law. This could support not having to collect sales tax.

But in this case, the "seller" is not occasional and it is not from a private party. This could support having to collect sales tax.

[ke6guj]

There are a couple of issues which makes the answer maybe.

Based on the letter I received from the CA BOE regarding C&R handguns where the buyer has a C&R FFL, as long as the seller is an occasional seller and not from a business, it is not subject to sales tax since it is CA law which requires that it goes through a FFL, not Federal law. This could support not having to collect sales tax.

But in this case, the "seller" is not occasional and it is not from a private party. This could support having to collect sales tax.

yup

[Doc Hawk]

So the FFL doesn't get to collect any service fee for handling the receipt, storage, and transfer? Does it still go in your bound book?

[ke6guj]

So the FFL doesn't get to collect any service fee for handling the receipt, storage, and transfer? Does it still go in your bound book?

why wouldn't they be able to collect a fee? and if it goes through the FFL's hands, they have to log it.

[kemasa]

So the FFL doesn't get to collect any service fee for handling the receipt, storage, and transfer? Does it still go in your bound book?

It is just like any other transfer, except for the possible issue with the sales tax. All the other fees and requirements apply, including the bound book, 4473, DROS, etc.

[Doc Hawk]

why wouldn't they be able to collect a fee? and if it goes through the FFL's hands, they have to log it.

This is also my understanding. I was confused by previous statements that suggested federal laws and standard transfer fees do not apply.