waterhouse
Member
wow, where to begin.
I've got an FFL, and as has been stated in a previous post the ATF is pretty big on us reporting suspicious activity. In fact, right in the handbook it says that if the NICS check gives me a "Proceed" then I still am not legally required to transfer the weapon if in my judgement the transfer is "inapropriate."
As for checking if guns are stolen, to me this seems like a judgemewnt call. If a guy walks in and says he is getting divorced and has a couple guns to sell, I'll probably just buy them. If an old woman walks in and says her husband had a collection but he passed away, I'll probably just buy them. If an 18 year old comes in with a bunch of expensive guns and wants to know how much they are worth and can I please pay cash, then I'll probably get a little suspicious, take down some serial numbers and make some phone calls.
Is the FFL in this thread going a little far . . .probably, but I'm sure he thinks he is doing his small part to keep guns out of bad guys hands. Do I sell "black rifles"? Of course, but I also hear a lot of crap from some of my relatives (some of whom have been hunting for around 60 years) about how society doesn't need "assault weapons." I have an opinion and I sell according to that opinion, but I respect the fact that another FFL may have a differing opinion and chooses to sell accordingly.
As for the sales tax issue: your FFL is not responsible for collecting tax, nor should he (at least in Texas). I have heard of FFLs trying to make an extra buck by claiming this. If it ever comes up at an FFL, be prepared to call the state sales tax office and ask questions, preferably on your cell phone right in front of the FFL.
However, YOU are supposed to be responsible for paying tax on items which come in from out of state (again, this is in TX, your state may vary).
"YOU OWE USE TAX ON: Taxable items purchased out of state for use in
Texas that are brought or shipped into Texas for storage, use, or
consumption. Examples include (but are not limited to): (1) Items ordered
via the Internet, phone order, and 2) Items you purchased for use in Texas while visiting another state."
There is even a form you can fill out http://www.window.state.tx.us/taxinfo/taxforms/01-156.pdf
Does anyone actually do this? I'm not sure, but your FFL is correct when he tells you that you owe sales tax, he just isn't correct in trying to collect it himself.
waterhouse
I've got an FFL, and as has been stated in a previous post the ATF is pretty big on us reporting suspicious activity. In fact, right in the handbook it says that if the NICS check gives me a "Proceed" then I still am not legally required to transfer the weapon if in my judgement the transfer is "inapropriate."
As for checking if guns are stolen, to me this seems like a judgemewnt call. If a guy walks in and says he is getting divorced and has a couple guns to sell, I'll probably just buy them. If an old woman walks in and says her husband had a collection but he passed away, I'll probably just buy them. If an 18 year old comes in with a bunch of expensive guns and wants to know how much they are worth and can I please pay cash, then I'll probably get a little suspicious, take down some serial numbers and make some phone calls.
Is the FFL in this thread going a little far . . .probably, but I'm sure he thinks he is doing his small part to keep guns out of bad guys hands. Do I sell "black rifles"? Of course, but I also hear a lot of crap from some of my relatives (some of whom have been hunting for around 60 years) about how society doesn't need "assault weapons." I have an opinion and I sell according to that opinion, but I respect the fact that another FFL may have a differing opinion and chooses to sell accordingly.
As for the sales tax issue: your FFL is not responsible for collecting tax, nor should he (at least in Texas). I have heard of FFLs trying to make an extra buck by claiming this. If it ever comes up at an FFL, be prepared to call the state sales tax office and ask questions, preferably on your cell phone right in front of the FFL.
However, YOU are supposed to be responsible for paying tax on items which come in from out of state (again, this is in TX, your state may vary).
"YOU OWE USE TAX ON: Taxable items purchased out of state for use in
Texas that are brought or shipped into Texas for storage, use, or
consumption. Examples include (but are not limited to): (1) Items ordered
via the Internet, phone order, and 2) Items you purchased for use in Texas while visiting another state."
There is even a form you can fill out http://www.window.state.tx.us/taxinfo/taxforms/01-156.pdf
Does anyone actually do this? I'm not sure, but your FFL is correct when he tells you that you owe sales tax, he just isn't correct in trying to collect it himself.
waterhouse
