FFL gun transfer question

[haugenna]

Similar to the seatbelt law.  I grew up never wearing seatbelts and never got a ticket.  Now, I always wear one for two reasons, safety, and financially.

That's because it was never a law until recently!

Actually,

Washington adopted the law July 11, 1986 for people age 16 and above in all seats.

Iowa was July 1, 1986 for people age 11 and above for the front seats only.  

Both states were Primary enforcement.

[bobcat]

Yeah, well I guess to me, that IS "recently"!   

[Jason]

Use tax in Washington has been around a long, long time.  It is difficult to enforce, so it hasn't been. Washington residents cross the border into Oregon, buy goods with no sales tax and bring them back to Washington.  The goods are subject to use tax, but without stopping cars at the border it is very difficult to track for most purchases.

http://dor.wa.gov/content/findtaxesandrates/usetax/

Most who live in Washington and shop in Oregon work in Oregon also, Usually half or more of my wages every year are in Oregon,
so they can kiss my ass on paying a use tax in washington to bring goods accross when I pay Oregon state tax's.

[Bob33]

As Washington's sales tax rate goes higher and higher, more individuals purchase goods out of state to avoid it.  I know of more than one individual who plans his major purchases for the fall when he goes to Montana to hunt (no sales in Montana either).   Parts of King County have rates close to 10%, so buying in Oregon or Montana is like getting a 10% discount right from the start.

[Hyde]

I use an old friend in Oregon to do transfers since I'm down there frequently.  You can't do handguns out of state though.  My guy charges $25.00 for the transfer if anyone is looking for someone.  He is in Oregon City. 

[GUHunter]

Is the transfer of a firearm subject to sales tax?

In an interstate transfer of firearms the Washington gun dealer is required to collect retail sales tax from the Washington resident on the purchase price of the firearm. The retail sales tax is collected from the Washington customer at the time the customer takes possession of the firearm. Sales tax is collected on the total selling price, including freight and/or delivery charges and other amounts added, such a an amount for insurance coverage.

If the selling price is not evident, it is up to the gun dealer to obtain this price by either requiring the purchaser to show the purchase price or to obtain that information from the out-of-state dealer. If, for whatever reason, the dealer is still unable to obtain the original purchase price, RCW 82.08.010 provides that the fair market value shall be used. It is the responsibility of the Washington gun dealer to determine the price in order to report and pay the sales tax due.


I work for an FFL in Spokane and we recently had to start this as well. Believe me, many are not happy about it.

[jackelope]

GUhunter-
What happens if someone gifts you a rifle in New York lets say. For example, my dad gives me a gun. Why should I pay tax on a gun that is given to me. Is there a way around the tax in that instance?

[carpsniperg2]

Wondering the same thing myself. It says above, that the tax is collected on the SELLING PRICE. So I guess if you don't buy it you would not have to pay tax? Will be intresting to find out. You would probably just need a note saying this gun is a gift. Also if you won a gun at like DU or turkey federation would that be taxable?

[Curly]

What if the guns aren't even gifts?  In my case, my father in law wants me to store his guns for him and when he passes, he wants me to get them to the appropriate people listed in his will.  Last year he shipped 8 firearms to me and of course we had to go through an FFL, but the guns are still his  (even though the FFL paperwork now shows otherwise).  If the FFL would have been required to charge sales tax in addition to the transfer fee, I assume it would have been difficult trying to explain the situation to get out of the tax.

[cryfowl]

I've looked into it more and even if the gun is a gift, they are required to charge you the use tax based on the fair market value, which is determined by the FFL Dealer you are dealing with at the time of transfer.  So if Grandpa sends you one of his collector guns worth $5000, then even though you didn't pay anything for it, you will be taxed on the $5000.  It's BS and just another way for our Gov to reach deeper into our pockets to solve their problems.  However, if you want to buy a new gun (say an AR type rifle) you could have the dealer, if they are willing, send you the upper assembly and stocks directly to your door since they are not regulated.  Only the lower assembly needs to go to the FFL dealer and thus you only pay tax on that parts value.  A new AR can go for well over $1000, but a stripped lower assembly can be bought for $150-300.       

[bobcat]

Well, if the state's going to play the game that way, there's a way around paying the tax if it is a gift. Just have the "gifter" mail the gun to himself/herself at your address. No FFL is needed to mail a gun to yourself. If you don't go through an FFL the state won't know anything about it and you won't pay any tax. That's outright theft anyway in my opinion.

[jackelope]

There may be a loophole to this. If the gun is given to you and you're present to recieve it...then it is yours....so lets say my grandfather gives me that collector gun when I am there on vacation....but I need to ship it home....I am not transferring ownership across state lines....I transferred ownership in NY when we were both there...no transfer is required so no sales tax...mail it to yourself as Bobcat said.
Maybe that would work as long as that's the story.
 

[Curly]

Do you have to mail it USPS?  Doesn't UPS ask what you are shipping and if you say firearms, they require it to be shipped to an FFL?  I'm not sure about the USPS.............

[jackelope]

Do you have to mail it USPS?  Doesn't UPS ask what you are shipping and if you say firearms, they require it to be shipped to an FFL?  I'm not sure about the USPS.............

No they don't ask. I've done it 5-7 times.
Never a question asked.
They just want to know if you want insurance.

[Special T]

There are cameras on I 205 & I 5 because so many Wa residents were buying new tractors and such across the state line. They now take down you LP # so they can ascertain a use tax for major purchases out of state. I like a Sales tax because it makes it harder to take your money. I think it is important to pay tax, but i think it is more important for the STATE to be fiscally responsible. They haven't done that in 20years.