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Background checks and purchase

Dave1776

Regular Member
Joined
Mar 7, 2014
Messages
41
Location
Seattle, Wa.
Hi All

Quick question. I live in Washington state in Seattle and they have recently implemented a new tax on gun and ammo sales. So I honestly do not want to buy a gun in Seattle as it will just cost me more.

Now I am going on a trip in about 2 weeks to Montana where there is no sales tax.

Can I buy a handgun there even though living in Washington?

Secondly the trips about a 2 week trip on average how long does the average and normal background check take? As I assume I can not pick up the handgun until the background check is completed so if I can purchase there I would have to make sure I can get the background check finished before I return home so I can pick up the handgun on the return trip!
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
My understanding is no you cannot buy a handgun out of state, unless you have it shipped to a FFL in Washington state. Which will still mean if you use a Seattle FFL you will still get burned by the tax.
 

Ezek

Regular Member
Joined
Jan 19, 2015
Messages
411
Location
missouri
My understanding is no you cannot buy a handgun out of state, unless you have it shipped to a FFL in Washington state. Which will still mean if you use a Seattle FFL you will still get burned by the tax.

if he is phsycially in the state and physically present at the gun store in another state when he purchases, why would he need it shipped via FFL? the only reason for an FFL is to pass a background check.\

people cross borders and buy guns in another state through other states FFL all the time since the fancy to purchase just so happens to strike them at the moment.


the only real problem now is this guys post showing state tax avoidance.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
if he is phsycially in the state and physically present at the gun store in another state when he purchases, why would he need it shipped via FFL? the only reason for an FFL is to pass a background check.\

people cross borders and buy guns in another state through other states FFL all the time since the fancy to purchase just so happens to strike them at the moment.


the only real problem now is this guys post showing state tax avoidance.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
ezek, that is not entirely correct!

§ 478.29a Acquisition of firearms by nonresidents.
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State shall receive any firearms unless such receipt is for lawful sporting purposes.

§ 478.30 Out–of–State disposition of firearms by nonlicensees.
No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides

exception is for rifles & shotguns per 478.96(b).

2014 ATF reference book, pg 42. https://www.atf.gov/file/11241/download

ipse
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
To the OP---- somehow, Seattle does not seem to be the ONLY city in the State of Washington..... You talk about a trip to Montana, why not stop at a FFL location in Spokane or Moses Lake to make your desired purchase. The Seattle based tax either city or county based will have no effect outside of the particular city or county!
 

pkbites

Regular Member
Joined
Jun 2, 2006
Messages
773
Location
Milwaukee, Wisconsin, ,
I have a successful FFL dealership. Have had it for over 30 years.

solus and WalkingWolf are correct and their cites are helpful. One cannot go to another states and get a handgun in a state they do not reside in. It's another incredible stupid tyrannical infringement we have thrust upon us.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
... the only real problem now is this guys post showing state tax avoidance.
Google is your friend.

https://www.google.com/?gws_rd=ssl#q=seattle+firearm+sales+tax

It is not a state tax. Also, it is not avoiding a tax if a citizen shops in a jurisdiction that does not have a tax. Please consider residing in STL city so as to contribute to the city coffers via the 1% earnings tax...this will mitigate allegations that you are avoiding a tax.
 

Dave1776

Regular Member
Joined
Mar 7, 2014
Messages
41
Location
Seattle, Wa.
if he is phsycially in the state and physically present at the gun store in another state when he purchases, why would he need it shipped via FFL? the only reason for an FFL is to pass a background check.\

people cross borders and buy guns in another state through other states FFL all the time since the fancy to purchase just so happens to strike them at the moment.


the only real problem now is this guys post showing state tax avoidance.

Tax avoidance? No such thing when it comes to a sales tax. Consumers go on tax free shopping trips all the time. The tax is a sales tax on the guns and in this case is just in Seattle so I can buy a gun anywhere else and not have to worry about the tax since it is merely a sales tax. IN fact part of the reason a trip to Montana is for some tax free shopping nothing against the law to do that!
 

Dave1776

Regular Member
Joined
Mar 7, 2014
Messages
41
Location
Seattle, Wa.
To the OP---- somehow, Seattle does not seem to be the ONLY city in the State of Washington..... You talk about a trip to Montana, why not stop at a FFL location in Spokane or Moses Lake to make your desired purchase. The Seattle based tax either city or county based will have no effect outside of the particular city or county!

That has occurred to me and might have to but is just Montana does not have a sales tax (Unsure on firearms but no general sales tax at least) so was about not even having to pay the sales tax in the first place.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
Seems the penalty for violating federal law to avoid a sales or other tax may not be a wise choice for one to make.
I guess it is possible for one to purchase in Montana but have it shipped to an ffl in Washington where you can take possession. Fees charged by ffl's for this may exceed what those taxes may be.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Seems the penalty for violating federal law to avoid a sales or other tax may not be a wise choice for one to make.
I guess it is possible for one to purchase in Montana but have it shipped to an ffl in Washington where you can take possession. Fees charged by ffl's for this may exceed what those taxes may be.

My LGS charges a 25 dollar fee, which is usually about the same, or less than the tax. On a high dollar gun it would be much less, but I usually don't buy high dollar guns. The most expensive was $430, I would have paid $32.25 if I had bought the gun direct from the LGS. I bought my S&W 24 on a whim, and I got burned on sales tax, around 50 bucks. But the gun is not available new online, so that left that out.
 

Dave1776

Regular Member
Joined
Mar 7, 2014
Messages
41
Location
Seattle, Wa.
Seems the penalty for violating federal law to avoid a sales or other tax may not be a wise choice for one to make.
I guess it is possible for one to purchase in Montana but have it shipped to an ffl in Washington where you can take possession. Fees charged by ffl's for this may exceed what those taxes may be.

How can anyone be this stupid? There is no federal law regarding sales taxes at the state or in this case city level. The consumer can shop where every they want and chose. Cause if there was a penalty for those shopping in non sales tax states then those who live in cities and towns bordering states like Montana and Oregon would be locked up for hefty evasion being they shop across the border all the time.

There is no penalty for that it is consumer choice! Even when Seattle enacted this sales tax on guns and ammo there was a big statement on the Seattle shop owner side that they might just have to leave the city limits and set up elsewhere cause they knew the consumer would follow just to not have to pay Seattle's tax and Seattle knew they might very well lose money from lost business license fees if these business set up shop elsewhere and they also knew they might very well not receive the tax money if these businesses moved to other cities that do not tax their consumers like this!

I mean I can go down to Federal Way and purchase a gun down there and merely just pay the state sales tax while not having to pay the City of Seattle's sales tax and that is fully legal. Sales taxes can be fully and legally evaded without any such penalty simply by shopping elsewhere. Only way there would be a penalty is if I walked into a Seattle gun store and said I will pay for the gun but not the tax then there would be a penalty the gun shop would not sell to me since they have to collect the tax, but other areas might have different taxes or in some cases no tax and I can shop there if I so chose no matter the item.

My main question was out of state sales and am still unsure on this question being I can go online and purchase guns from any legal dealer out there as there are a good number of gun sale sites form legal dealers! Obviously those are shipped so might fall under an FFL.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
One cannot legally buy and take posession of a handgun from an ffl or any otjer person outside of their own state of residence per federal law. One can make rhe purchase out of there own state of residence then have it shipped to an ffl in the state whete they live, pay the fee the ffl will impose, and then take posession of there legally purchased firearm.
If one chooses to violate federal law then i guess that person would just have to take there own chances on that.
BTW: I sm intentionally not responding to you in the same manner and tone you have responded towards me.
Have a good day.
 

Dave1776

Regular Member
Joined
Mar 7, 2014
Messages
41
Location
Seattle, Wa.
One cannot legally buy and take posession of a handgun from an ffl or any otjer person outside of their own state of residence per federal law. One can make rhe purchase out of there own state of residence then have it shipped to an ffl in the state whete they live, pay the fee the ffl will impose, and then take posession of there legally purchased firearm.
If one chooses to violate federal law then i guess that person would just have to take there own chances on that.
BTW: I sm intentionally not responding to you in the same manner and tone you have responded towards me.
Have a good day.

But my initial post was not about having it shipped PERIOD!

My question was if I could walk into a gun shop and buy a handgun in the state of Montana that was my question! Doing that is in no way a crime in the sense of taxes!

Somehow that question got turned into a thread about tax avoidance instead of a simple answer to my question! :banghead:
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
But my initial post was not about having it shipped PERIOD!

My question was if I could walk into a gun shop and buy a handgun in the state of Montana that was my question! Doing that is in no way a crime in the sense of taxes!

Somehow that question got turned into a thread about tax avoidance instead of a simple answer to my question! :banghead:
Nothing to do with sales or use taxes regarding gun purchases outside of the State one resides in----And it is still a violation of federal gun law to buy and take possession of a handgun from anyone while you are outside your own state of residence. This has been mention by other posters to this forum earlier.
The perceived benifit of avoiding sales or use taxes on a purchase of any item made outside of your home state but usedwithin your state of residence would be an issue of state level law.
The method one may legally obtain a handgun and not violate federal gun law has been mentioned.
Don't bang your head too hard as it may cause one pain and or permanent injury.
 
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Dave1776

Regular Member
Joined
Mar 7, 2014
Messages
41
Location
Seattle, Wa.
And it is still a violation of federal gun law to buy and take possession of a handgun from anyone while you are outside your own state of residence. This has been mention by other posters to this forum earlier.
The perceived benifit of avoiding sales or use taxes on a purchase of any item made outside of your home state but usedwithin your state of residence would be an issue of state level law.
The method one may legally obtain a handgun and not violate federal gun law has been mentioned.
Don't bang your head too hard as it may cause one pain and or permanent injury.

Yes but intermixed with the MIXED answers were comments about tax avoidance claims starting in the second response

the only real problem now is this guys post showing state tax avoidance.

From there it continued even after it was well explained that this is a sales tax that I was trying to avoid having to pay and that is fully legal otherwise ever tourist that resides in a sales tax state that went to states like Alaska, Oregon and Montana would be nailed for tax avoidance! Even your response had issues of tax avoidance in it!

A simple question of if I can buy out of state requires a YES or NO answer not all the allegations of tax avoidance which in this case would be fully legal being it involves sales taxes and no other taxes!!
 
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Dave1776

Regular Member
Joined
Mar 7, 2014
Messages
41
Location
Seattle, Wa.
If you don't pay sales tax, then to comply with Washington state law you must pay use tax instead:
http://app.leg.wa.gov/RCW/default.aspx?cite=82.12.020

Got to love the wording of the law, eh?
(1) There is levied and collected from every person in this state a tax or excise for the privilege of using within this state as a consumer any:
(a) Article of tangible personal property acquired by the user in any manner, including tangible personal property acquired at a casual or isolated sale, and including by-products used by the manufacturer thereof, except as otherwise provided in this chapter, irrespective of whether the article or similar articles are manufactured or are available for purchase within this state;

It's a "privilege" to use your coffee maker in the morning to make your coffee - a privilege subject to taxation. And to think it was this kind of crap that caused the American revolution when the British government tried it.

Man you people are insane. You DO NOT EVER BOTHER TO READ what I wrote!

You are quoting Washington state law to me and HELLO this is a SEATTLE CITY ORDNANCE!!!!! NOT STATE LEVEL! Seattle has an ordnance that charges additional taxes on gun sales and ammo sales (PER BULLET). This tax is ABOVE AND BEYOND what the state charges!

I don't even know why I bother to come to this forum to ask questions most the time I get rude responses or threads turned up side down with people who can't seem to read!
 
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JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
One final attempt----
Yes, Seattle has imposed a special tax on gun and ammo purchases made within the boundary of the City of Seattle. A Seattle Washington resident can avoid this tax by making the purchases of such items OUTSIDE the boundary of the City of Seattle without violating any other laws UNLESS they make such purchases out the the State of Washington. Then to avoid violating FEDERAL GUN LAWS (nothing to do with sales or use taxes) such purchases must be shipped and delivered to an FFL in the State of Washington who would generally impose a fee for their services and from there, delivered in person to the the purchaser. But such purchases would still be subject to Washington State USE or SALES taxes and a failure to pay these would impose a legal liability on the one not paying these taxes---- the fact that this seems to rarely be prosecuted does not change the fact of the legal liability imposed.

I think I have fairly condensed the pertinent details of this thread into a single post.

And since I am afraid to ask, consider this rhetorical---- Any other questions on this subject?:banghead:
 
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solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Hi All
Quick question. I live in Washington state in Seattle and they have recently implemented a new tax on gun and ammo sales. So I honestly do not want to buy a gun in Seattle as it will just cost me more.
Now I am going on a trip in about 2 weeks to Montana where there is no sales tax.
Can I buy a handgun there even though living in Washington?
Secondly the trips about a 2 week trip on average how long does the average and normal background check take? As I assume I can not pick up the handgun until the background check is completed so if I can purchase there I would have to make sure I can get the background check finished before I return home so I can pick up the handgun on the return trip!

How can anyone be this stupid?

Snippp....


My main question was out of state sales and am still unsure on this question being I can go online and purchase guns from any legal dealer out there as there are a good number of gun sale sites form legal dealers! Obviously those are shipped so might fall under an FFL.

Dave, a less kinder gentleman might throw your same sentiments you hurled in response to the august member from UTAH back at you.

now your initial question has been asked and answered by a minimum of three members, w/applicable USC cites and collaboration from a 30 years FFL business owner. it is truly not our fault you are still unsure of the concept articulated in previous postings that private citizens can not purchase handguns outside their state of residence.

now since you have asked another question, it is not a "MIGHT" but it is mandatory if you may purchase handgun and other firearms from the internet businesses, but in all cases...they will be shipped to an FFL of your choosing, located near you, and normally after you have notified the receiving FFL about your newly purchased internet firearm is in bound to the receiving FFL.

ipse

and i think i just heard you mutter an apology under your breath to someone in UTAH?
 
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