How do you buy a gun from out of state?

LvEp3

uber Member
#1
Found a handgun from a private seller in CA that I would like to buy. He will be shipping from an ffl holder to one here in town but how does the money transfer work? Also what if I am dissatisfied with the condition of the firearm?


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jfrey123

I aim to misbehave...
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#2
Dealers won't handle the money part for you, the dealer will only be charging a transfer fee along with the background check (waived if you have your CCW).

Money for the gun will need to be sent directly to your seller, PayPal or mailing a money order or however. As far as your potential dissatisfaction of the condition, that's usually "buyer beware" when doing unseen sales across state lines. You can complain to your seller but other than taking him to court later, if you were so inclined, would probably be your only resort.
 

jfrey123

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#5
Ditto. I didn't think private party sales had taxes attached. Only new sales through a dealer.
 

pick_six

Adjusting to the west!
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#6
given the information guido has posted in the previous notes, i'd bet a buck on the ffl charging the tax. (unless it's noted as a shipment or transfer to self)

for the purchase, if you were in cali visiting the person, you could inspect, pay and goto the ffl there and do shipping. paying as the seller turns over the firearm for shipping. then drive home and wait for the local ffl to receive.

otherwise you are buyer beware as noted.
 
#7
No dealer should be charging tax when they conduct a transfer!

Taxes are for sales. They didn't sell you anything. That's a dirty dealer, pocketing that money.

If your FFL asks for taxes on a gun you purchased out of state, and all he's doing is transferring, find a different FFL.
 

gixxer760

Domestic Terrorist aka pa
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#8
No dealer should be charging tax when they conduct a transfer!

Taxes are for sales. They didn't sell you anything. That's a dirty dealer, pocketing that money.

If your FFL asks for taxes on a gun you purchased out of state, and all he's doing is transferring, find a different FFL.
you are required to pay taxes on firearms bought online and shipped to a local FFL. that is known and NV is enforcing it now.

the question is should tax be paid on a used firearm.
 
#9
I've never once been asked to. And I wouldn't use an FFL who did.

They aren't paying taxes on anything, so I'd just be lining their pockets.
 

Bart Carter

Negotiator
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#10
You don't pay taxes on gifts. You don't pay taxes if someone loans you a gun. What if there was a declaration that the gun was being sent as a gift or a loan?

If the gun were sent by "Bob Jones," with no bill of sale, why would it be considered a sale by the receiving dealer?
 

jfrey123

I aim to misbehave...
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#11
No dealer should be charging tax when they conduct a transfer!



Taxes are for sales. They didn't sell you anything. That's a dirty dealer, pocketing that money.



If your FFL asks for taxes on a gun you purchased out of state, and all he's doing is transferring, find a different FFL.


It's been discussed at length on the board, but short answer is yes, FFL's in Nevada have been directed to collect sales tax on weapons bought elsewhere and transferred into the state. They face pretty stiff penalties if they refuse to comply, but some dealers are doing just that at their own peril. There was a movement to get the misread and misapplied statute to be amended in the last session, but RINOs wouldn't let it go anywhere.
 

Felid'Maximus

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#12
Here is the language of the tax requirements:
http://tax.nv.gov/uploadedFiles/taxnvgov/Content/TaxLibrary/SUT_15-0001_Retail_Sales_of_Firearms.pdf

If the firearm comes from an out of state retailer then it is subject to sales tax.

Howver, it does state that:

A “retailer” is a seller who makes more than two retail sales annually...

The statute provides an exemption for a sale by a person that is not a retailer. If the
firearm is obtained from a person making an occasional sale there are no sales or use taxes
due. An occasional sale is a sale by a person who has made two or fewer retail sales of tangible
personal property during any 12-month period. NRS 372.320.
“Retail sale” or “sale at retail” means a sale for any purpose other than resale in the regular course of business of tangible personal property.
However, if the guy in California has a gunbroker account and sells 3+ guns per year, you would owe taxes on the full amount.