Tax on out of state shipments to FFLs?

[woof]

My understanding is that when a gun is bought from an out of state seller and shipped to your FFL, the FFL cannot charge sales tax from your state because the sale wasn't made there. Is this correct? What would you do if an FFL tried to charge you sales tax on such a transaction?

 

[Animal Mother]

AFAIK, If you have purchased the firearm from the out of state seller, and are only using your FFL as the transfer agent, then they cannot charge you the sales tax on the item. If I had a FFL who tried to charge me the sales tax, I'd explain that I am not purchasing the weapon from them, so they are not responsible for collecting the sales tax. I'd ask that they contact the state department of revenue if they didn't believe me. If they still insisted that they charge me sales tax, I'd use a different FFL.

If you have asked your FFL to order a firearm for you, then you will have to pay sales tax, as the dealer is technically selling you the firearm.

I've never had a FFL charge me sales tax for transferring an item.

I am not a lawyer.

 

[glockman19]

This subject has been beaten to death on calguns.net CA law imposes a Usage tax on firearms purchased out of state.

I do not patronioze establishments that charge sales tax on items they do not sell.

 

[nalioth]

Not this again....

 

[strat81]

See my post in nalioth's link.

If you want to make the guy's life miserable, call the state Dept. of Taxation and Revenue (or whoever handles sales tax in your state).

Technically you are supposed to pay use tax on all items purchased out of state that the seller did not collect sales tax on. However, at least in NY and NE, it is not the job of the transferring dealer to collect that use tax. Use tax is remitted by the individual purchasing the item (yes, on the honor system).

 

[lonegunman]

He can charge sales tax on the fee for transfering it.

We have several crooked gun dealers locally who try that sort of thing. Oddly enough they are all evangelical christians and they seem to rejoice in cheating their fellow man.