# FFL dealer says there is CA sales tax on out of state gun



## OwensDad (Jan 29, 2007)

Hi Guys;

I am thinking about buying a gun online and am currently doing my due dilligence on FFL providers in my area. One shop said they would neet to charge me sales tax on the gun, on top of the FFL and DROS fees. Not quite sure how that could be, given that I will be paying the vendor out of state for the actual gun and only pay the receiving shop for their FFL services, so I think this is BS:smt169.

Did anybody, especially in silly California ever have to pay sales tax for a gun purchased out of state?

Appreciate all feedback!


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## Todd (Jul 3, 2006)

Can't speak for CA, but I've bought 2 guns online and only paid the FFL fees to the shop. The only logical explanation I can think of is if the online store that you are buying from is in CA, since you have to pay state sales tax on internet orders if the business has an store in the same state as you. If the place that you're ordering from is out of state, I say time to find a new FFL.


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## OwensDad (Jan 29, 2007)

Thanks Todd; fully agree that I would have to pay if dealer is in CA as well (but would then need to pay the shipper I think, not the receiving party), but I made it very clear that the gun would come from out of state.

Thanks again Todd!


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## OwensDad (Jan 29, 2007)

Just a quick update on this for anyone that might be interested; called 7 different FFLs and 2 of them said they would charge CA sales tax on an out of state gun while the other 5 do not. Screwy, but I guess this is CA for you....


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## bruce333 (Sep 1, 2006)

OwensDad said:


> Screwy, but I guess this is CA for you....


Not just CA. I've heard of this at FFLs in other States as well.


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## unpecador (May 9, 2008)

OwensDad said:


> Just a quick update on this for anyone that might be interested; called 7 different FFLs and 2 of them said they would charge CA sales tax on an out of state gun while the other 5 do not. Screwy, but I guess this is CA for you....


5 out of 7 ain't bad, did you happen to ask the 2 that do why?


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## OwensDad (Jan 29, 2007)

I did and they said it was because the state looks at it as a business to business transaction and the receiving FFL is "selling" the gun to the customer, even if the clients funds went to shipper. Not very convincing, but they might simple want to be on the very safe side and not have bad intententions at all............

But guess which one of the stores will get my business :mrgreen:


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## DevilsJohnson (Oct 21, 2007)

I don't think the tax would apply unless there is a store in the state you are buying it from. Any other internet sales are this way. The powers that be have been huffing and puffing about it for years now. but the law as I understand it is you don't pay tax on a net sale unless the seller has a psychical sales location in that state.

Again I don't want to say I'm 100% correct but I have never heard of any law that required me to play a sales tax on any net purchase. I have bought a few guns online from a few different states and it had never come up before. I'm inclined to think that some shop owners are trying to make a few extra bucks. I have known several shops that do not like to handle a transaction like this because they feel like they are not making a sale and would rather you buy from them. This is where I've seen some pretty bad transfer fees. I would talk to one of these shop owners that don't ask for the tax. If they are wiling to play you straight while not really knowing you then this would be where I'd want to spend my money and get to know the shop owner and staff.

Hell, the shop I hang around most the time don't even charge me a fee to transfer a weapon. He always says I spend money in his store other times and he wants me to keep coming back. And wit that kind of service I'd be a nut to not keep going back.


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## OwensDad (Jan 29, 2007)

Fully agreed DJ; thank you for your thoughts and feedback. 

I certainly plan on using on of the shops that do not charge the sales tax; no only do they not do that, but they were also friendlier all around.


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## unpecador (May 9, 2008)

OwensDad said:


> I did and they said it was because the state looks at it as a business to business transaction and the receiving FFL is "selling" the gun to the customer, even if the clients funds went to shipper. Not very convincing, but they might simple want to be on the very safe side and not have bad intententions at all............
> 
> But guess which one of the stores will get my business :mrgreen:


Perhaps it has something to do with the California "Use Tax".

http://www.boe.ca.gov/pdf/pub112.pdf


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## OwensDad (Jan 29, 2007)

Thank you for that very interesting link unpecador!

All I can say is REALLY????? Don't want to know how many people order stuff online and are in violation of that use tax provision.


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