No Delay; No tax


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arflattop
April 17, 2008, 02:03 PM
I've read several threads re: NICS delays and FFL transfers and thought I'd add my experience to the body of knowledge at THR. I purchased two pistols through an out of state dealer and had them sent to my local FFL. Last week, before they arrived, I went to my local FFL and purchased a third pistol (they had to order it). I completed the paperwork for all three purchases at that time, and asked about delays due to the number of pistols purchased at one time. The owner said "they don't know how many pistols you've purchased, we don't give them any of that information". I just picked up my pistols today, no muss, no fuss with NICS. I had to re-sign the form, but no calls were placed to NICS today. In addition, they only charged me $25 per pistol for the transfer fee -- no sales tax. Today, life is good!

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strat81
April 17, 2008, 02:08 PM
In addition, they only charged me $25 per pistol for the transfer fee -- no sales tax.
They cannot charge you sales tax on something they did not sell. The $25 fee might be taxable, but, in this case, the pistols are not.

bnkrazy
April 17, 2008, 02:15 PM
I'm glad you have a respectable shop. Take full advantage of it and give them your business, they deserve it.

My local shop is huge, but they want to charge $50/transfer and their prices are always $100 more than anywhere else, and that's a conservative estimate.

EOD Guy
April 18, 2008, 11:19 AM
I've read several threads re: NICS delays and FFL transfers and thought I'd add my experience to the body of knowledge at THR. I purchased two pistols through an out of state dealer and had them sent to my local FFL. Last week, before they arrived, I went to my local FFL and purchased a third pistol (they had to order it). I completed the paperwork for all three purchases at that time, and asked about delays due to the number of pistols purchased at one time. The owner said "they don't know how many pistols you've purchased, we don't give them any of that information". I just picked up my pistols today, no muss, no fuss with NICS. I had to re-sign the form, but no calls were placed to NICS today. In addition, they only charged me $25 per pistol for the transfer fee -- no sales tax. Today, life is good!

If your dealer followed the law, he notified the local BATF office and local law enforcement of the transfer to you of 3 handguns at one time.

TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart H_Records

Sec. 478.126a Reporting multiple sales or other disposition of pistols and

revolvers.

Each licensee shall prepare a report of multiple sales or other
disposition whenever the licensee sells or otherwise disposes of, at one
time or during any five consecutive business days, two or more pistols,
or revolvers, or any combination of pistols and revolvers totaling two
or more, to an unlicensed person: Provided, That a report need not be
made where pistols or revolvers, or any combination thereof, are
returned to the same person from whom they were received. The report
shall be prepared on Form 3310.4, Report of Multiple Sale or Other
Disposition of Pistols and Revolvers. Not later than the close of
business on the day that the multiple sale or other disposition occurs,
the licensee shall forward two copies of Form 3310.4 to the ATF office
specified thereon and one copy to the State police or to the local law
enforcement agency in which the sale or other disposition took place.
Where the State or local law enforcement officials have notified the
licensee that a particular official has been designated to receive Forms
3310.4, the licensee shall forward such forms to that designated
official. The licensee shall retain one copy of Form 3310.4 and attach
it to the firearms transaction record, Form 4473, executed upon delivery
of the pistols or revolvers.

armedandsafe
April 18, 2008, 01:26 PM
shall prepare a report of multiple sales or other disposition whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days,

The OP's FFL did not sell the guns. The OP's FFL did not have ownership of the guns. All he did was handle the transfer paperwork. I wonder if this fine point really means anything, should the BATs swoop in.

Pops

EOD Guy
April 18, 2008, 01:46 PM
Quote:
shall prepare a report of multiple sales or other disposition whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days,

The OP's FFL did not sell the guns. The OP's FFL did not have ownership of the guns. All he did was handle the transfer paperwork. I wonder if this fine point really means anything, should the BATs swoop in.

Pops

The handguns were all processed through the dealer's bound book as acquisitions to the dealer and dispositions to the purchaser. Also, the dealer processed the 4473 along with the NICS check. He is required to report the multiple handgun transfer.

armedandsafe
April 18, 2008, 01:56 PM
That is what I was wondering. Thank you for the clarification.

Pops

zoom6zoom
April 19, 2008, 12:24 AM
In addition, they only charged me $25 per pistol for the transfer fee
Next time ask them if they'll charge per transaction, not per gun. There's only one form and one call, after all.

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