Shipping handguns to California question


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FJC
September 13, 2004, 09:07 PM
Are there any special requirements for shipping a handgun to California (for a sale to someone via internet), or is it just the standard:

- must ship fedex/ups overnight
- Must be shipping it to a valid FFL holder



Thanks!

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Pilgrim
September 13, 2004, 09:32 PM
The handgun has to be on CA's SB-15 "approved" list for a FFL to sell it, unless the sale is to a recipient who is exempt from SB-15, i.e. a peace officer.

Pilgrim

FJC
September 13, 2004, 09:35 PM
I checked, this one is on the list (blue SIG P239 9mm), so looks like I'm all set.

Thanks much!

Skunkabilly
September 15, 2004, 12:00 PM
1. They must be on the California happy list with no modifications.
2. No fun-capacity magazines, even after the ban sunset.
3. Must not have 'assault weapon' evil features (see item #1) such as a magazine outside the pistol grip or threaded barrel.

CYBYWY.

LASur5r
September 15, 2004, 12:38 PM
I try to get a gun every few months....I also sell a bunch of them...always on the hunt for the newest toy....

Haven't had to handle it any other way then what you said.

moredes
September 15, 2004, 11:58 PM
Check with the buyer on this--each FFL is different. Some FFL's require that the gun be shipped *from* an FFL. Yah, I know it ain't "legal", but w/o it, some PRK FFL's won't touch the transaction.

Kruzr
September 16, 2004, 12:18 AM
Since a Californian can't do a PPT with someone from outside of California, it will have to be shipped from an FFL to an FFL. Make sure the buyer has cleared all this with his chosen FFL and knows how much he will pay in transfer fees.

EOD Guy
September 16, 2004, 10:00 AM
Since a Californian can't do a PPT with someone from outside of California, it will have to be shipped from an FFL to an FFL. Make sure the buyer has cleared all this with his chosen FFL and knows how much he will pay in transfer fees.

There is no requirement in either California or Federal law that the handgun be shipped from an FFL. The receiving FFL will DROS the gun just as if he were selling it from his stock. That is why the handgun must be on the approved list.

FJC
September 16, 2004, 10:12 AM
Thanks again everyone. It got to the buyer's FFL safely, and he's just waiting his 10 days...

Kruzr
September 16, 2004, 02:53 PM
There is no requirement in either California or Federal law that the handgun be shipped from an FFL. The receiving FFL will DROS the gun just as if he were selling it from his stock. That is why the handgun must be on the approved list.

This is correct since the DROS system will not allow an out of state ID as the seller anymore. It is no longer a PPT but a dealer sale. It's just that not many Kali FFL's are willing to do this. The one I work for won't nor will any of the local gunstores.

Also, bear in mind that if it is a sale from a Calfornia dealer, you will pay state sales tax.

EOD Guy
September 16, 2004, 04:09 PM
California dealers should not be charging sales tax. I have talked to an individual at the Franchise Tax Board and was told that if the only reason the dealer is handling the transfer is to comply with the law (i.e., no funds from the sale itself pass through the dealer's hands), neither sales nor use tax is due. Since a verbal opinion is virtually worthless, I've written the Board and asked for written confirmation. I may or may not get the same answer in writing.:(

Kruzr
September 16, 2004, 06:48 PM
They shouldn't charge sales tax on a gun bought out of state or a PPT. The buyer is "supposed" to declare the tax. But in this case, IF the Calif. FFL is the seller of record not just the FFL doing a transfer, he should collect sales tax. (The Caif. FFL's name will go in the DROS form as the seller.)

EOD Guy
September 17, 2004, 10:33 AM
Yes, but if no money for the sale is given to the dealer, no tax is due. 8.5% of 0 is still 0.

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