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How do FFL transfers work?

Discussion in 'Uncategorized Threads' started by Aussie Phil, Jan 3, 2008.

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  1. Aussie Phil

    Aussie Phil TS Member

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    This may seem like a silly question, but as an Aussie new to your shores:

    How does buying a gun via an FFL work?

    I am looking to buy a shotgun from out of state - the selling will ship to an FFL in my area (California)

    My main question is around what sort of taxes, waiting period, fees etc would apply? Do I need to pay sales tax?

    Aussie Phil
     
  2. pendennis

    pendennis Well-Known Member

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    Southeast Michigan - O/S Detroit
    Welcome, Phil.

    You will need to find a dealer in your area who will handle the deal. He will send a signed copy of the FFL to the seller. It will be shipped to his store. He will charge a handling fee for the transaction. Most are nominal, $25-$50 per transaction. The shipper may or may not charge you shipping. Most likely he will. Be sure to cover that with the seller.

    You will need to fill out the Federal form, and also comply with California law. The dealer will know the compliance laws. Please check out the form in advance, to insure you can legally purchase a firearm in the US. There are specific compliance requirements for non-citizens.

    Since the sale will terminate in California, you will need to remit the appropriate sales tax to the state. The dealer may, or may not collect the tax. Check with them. Sales (Use) taxes are based on where the product will be consumed or used. If you reside in California, you will likely need to file an income tax return with the State of California. Most states have a place on the form which asks you if you made any purchases on-line, by mail, etc. You will be expected to remit the appropriate amount at the time your taxes are due.

    The above are general requirements, and may vary some from state to state.

    Best of luck.

    Best,
    Dennis
     
  3. Aussie Phil

    Aussie Phil TS Member

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    Thanks Dennis

    I noticed the provisions on resident aliens, and I am in possession of a California Hunting license, which satisfies that requirement.

    If I pick up the shotgun in person, so I still need to sumbit any form? I don't understand the regulations on person-to-person private transfers.

    Phil
     
  4. 1Ljutic1

    1Ljutic1 TS Member

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    Person to person private transfers have to go through a dealer in Cal as far as I understand. So, the first step should be a trip to a couple dealers to get all the appropriate info. I am in MA, and our laws are almost as stringent as Cal. Good luck. Steve
     
  5. Easystreet

    Easystreet Well-Known Member

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    "How does buying a gun via an FFL work?"

    You PAY the person or dealer who is selling the gun the agreed upon price. That person/dealer, after he has received your payment, ships the gun to an FFL in your state. No tax on the transaction although the seller may require you to pay a shipping fee. This should be agreed to in advance with the seller. Usually, the seller will agree to accept X number of dollars for the gun shipped to your FFL (at the seller's expense). Of course, he includes the shipping cost in the selling price of the gun, but ask about this to make sure there is no misunderstanding.


    "My main question is around what sort of taxes, waiting period, fees etc would apply? Do I need to pay sales tax?"

    I have purchased guns from sellers/dealers outside my home state of Florida and never paid any kind of sales tax. The only fees I've paid are the fees that the receiving FFL has charged me. That is typically $25 per transaction. Waiting periods (if any) would be the same as if you purchased the gun from a dealer in your state.
     
  6. timb99

    timb99 Well-Known Member

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    Easystreet,

    You said, "No tax on the transaction "

    As Lee Corso might say, "not so fast my friend."

    Just because nobody "collects" the sales tax on an out of state purchase doesn't mean its not owed.

    What pendennis said above is true.

    Most people don't pay the sales tax on internet purchases and out-of-State purchases because nobody collects it, but you ARE supposed to remit it to the State and/or local governing body.

    Up to you to decide whether to do it or not...
     
  7. Southern Gent

    Southern Gent TS Member

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    "Phil, a private face-to-face purchase doesn't require the Federal forms."


    That is only true is both parties are residents of the same state.
     
  8. Easystreet

    Easystreet Well-Known Member

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    timb99,

    With regard to sales tax in the state of Florida, it's my understanding that only companies which have an actual store (bricks and mortar building) in the state of Florida are required to collect sales taxes. If the company or individual does not have a store in the state of Florida, no sales taxes are collected and as far as I know, are not owed.

    I've purchased many items such as guns, ammunition, books, clothing, etc from companies which have no physical presence in the state and have paid no sales tax. Since Florida has no state income tax, I don't even know how a person would pay the tax even if they wanted to.

    Technically, you and Pendennis may be correct, but I'm not certain of that. In any event, if the state came after me for non-payment of these type taxes, they would probably have to come after just about everyone in the state who purchases things from mail order or internet. Somehow I just don't think the state is all that worried about it... or if they are, they don't show any signs of it.
     
  9. timb99

    timb99 Well-Known Member

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    Easystreet,

    "only companies which have an actual store...in the state of Florida are required to collect sales taxes."

    That's true in most States. The key word is "collect."

    Out-of-State companies do not collect sales tax for states they don't do business in.

    The consumer is still supposed to pay them, though. Honest.

    But you're right. Almost everybody "thinks" there's no sales tax. Which is why nobody pays it.
     
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