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New FFL transfer legislation and fees?

Magix

Regular Member
Joined
Jun 27, 2009
Messages
76
Location
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I'm looking for a FFL to possibly ship a new gun to in the Federal Way, Kent, Renton, Burien, or Des Moines area. I've called to a couple places and they all said a lot of the businesses in Washington State that used to do FFL transfers will no longer be doing it because of new legislation passed recently. :shock: Apparently there would be a lot more fees and taxes on the transfer that make it not worth doing anymore.

Can anyone shed some more light on this? I haven't really read or heard any news on this.

Also, does anyone know of a place that still does FFL transfers in the cities I mentioned above. If not, I guess I'll start looking to buy locally.
 

joeroket

Regular Member
Joined
Dec 5, 2006
Messages
3,339
Location
Everett, Washington, USA
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My two transfers have had sales tax added. It is not a new thing and certainly not an added expense, other than the time it takes to submit the collected taxes, to the dealer.
 

Hendo

Regular Member
Joined
Sep 1, 2009
Messages
114
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I can recommend someone in Bellevue if needed - very reasonable.
 

sirpuma

Regular Member
Joined
Nov 1, 2007
Messages
905
Location
Deer Park, Washington, USA
imported post

joeroket wrote:
My two transfers have had sales tax added. It is not a new thing and certainly not an added expense, other than the time it takes to submit the collected taxes, to the dealer.
It's not a sales tax on the transfer anymore. Now they instead want an import tax (they call it a "use" tax) on ANYTHING brought into the state. So if your grandpa in TN wills you his granddads Civil War Kentucky Rifle that is worth $5000, the FFL is supposed to charge you a percentage not on his transfer fee, but on the $5000 value. That would make the transfer so expensive that no one would want to do a transfer. End result, the government has effectively banned importing firearms (along with anything else). You see, if you go to ID or OR and you buy some tools or some clothes. Once you come back to WA, even though you may have paid a ID or OR sales tax on them, you're supposed to cut a check to DOR for your USE tax. If someone moves to WA, per this unconstitutional law, that person is supposed to assess the fair market value of all their property and cut a check to the DOR.


RCW 82.12.020Use tax imposed.
(1) There is hereby levied and there shall be collected from every person in this state a tax or excise for the privilege of using within this state as a consumer any:

Now Dealers can still order firearms from distributors and sell them, collecting the normal sales tax. But the law is still a tax on interstate commerce, which Federal law is supposed to be the only regulation of.
 

PolskiG

Regular Member
Joined
Apr 25, 2008
Messages
239
Location
Bellevue, Washington, USA
imported post

Magix wrote:
I'm looking for a FFL to possibly ship a new gun to in the Federal Way, Kent, Renton, Burien, or Des Moines area. I've called to a couple places and they all said a lot of the businesses in Washington State that used to do FFL transfers will no longer be doing it because of new legislation passed recently. :shock: Apparently there would be a lot more fees and taxes on the transfer that make it not worth doing anymore.

Can anyone shed some more light on this? I haven't really read or heard any news on this.

Also, does anyone know of a place that still does FFL transfers in the cities I mentioned above. If not, I guess I'll start looking to buy locally.
My FFLguy in Bellevue charges 30 bucks CASH ONLY. I transferred a new HKthrough him about 3 weeks ago. If you want his contact info,PM me.
 

END_THE_FED

Regular Member
Joined
Mar 19, 2010
Messages
925
Location
Seattle, Washington, USA
imported post

sirpuma wrote:
joeroket wrote:
My two transfers have had sales tax added. It is not a new thing and certainly not an added expense, other than the time it takes to submit the collected taxes, to the dealer.
It's not a sales tax on the transfer anymore. Now they instead want an import tax (they call it a "use" tax) on ANYTHING brought into the state. So if your grandpa in TN wills you his granddads Civil War Kentucky Rifle that is worth $5000, the FFL is supposed to charge you a percentage not on his transfer fee, but on the $5000 value. That would make the transfer so expensive that no one would want to do a transfer. End result, the government has effectively banned importing firearms (along with anything else). You see, if you go to ID or OR and you buy some tools or some clothes. Once you come back to WA, even though you may have paid a ID or OR sales tax on them, you're supposed to cut a check to DOR for your USE tax. If someone moves to WA, per this unconstitutional law, that person is supposed to assess the fair market value of all their property and cut a check to the DOR.


RCW 82.12.020Use tax imposed.
(1) There is hereby levied and there shall be collected from every person in this state a tax or excise for the privilege of using within this state as a consumer any:

Now Dealers can still order firearms from distributors and sell them, collecting the normal sales tax. But the law is still a tax on interstate commerce, which Federal law is supposed to be the only regulation of.
RCW 82.12.020 is not applicable here.
I am not sure what part of this law you think applies here but im gonna take a guess that you meant.
(1) There is hereby levied and there shall be 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 purchased at retail, or acquired by lease, gift, repossession, or bailment, or extracted or produced or manufactured by the person so using the same, or otherwise furnished to a person engaged in any business taxable under RCW 82.04.280 (2) or (7), 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 (emphasis mine.)

an initial reviewof this paragraph may lead one to believe that any "Article of tangible personal property purchased at retail" is subject to the tax but when one reviews the rcw i underlined he will see this tax does not apply here. it mentions specific things to be taxed most of these relate to highway construction and printed periodicals.
 

END_THE_FED

Regular Member
Joined
Mar 19, 2010
Messages
925
Location
Seattle, Washington, USA
imported post

A tax on imports or exports in general would be a violation of Article 1 section 10 clause 2 of the Constitution for the United States:

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress

http://topics.law.cornell.edu/constitution


The "use tax" is not an "import tax" it is an "excise tax" on exercising certain state sponsored privileges.
 

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
imported post

Are you out of state? Locations in profiles really help to answer questions at times.

If you are in another state, you can ship it to yourself thus no FFL or transfer fees involved ( but you have to ship it and you have to be the one to open it).
 

Hendo

Regular Member
Joined
Sep 1, 2009
Messages
114
Location
, ,
imported post

We may have the "Cheapest Guy in Town FFL" Winner.

Kind of in town.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
imported post

In some ways, this supports the "Support Your Local Dealer" argument. If I purchase a pistol from an outside Dealer for let's say $500, because he was $100 cheaper than my local Dealer, I then have to pay between $35 and $50 (depending on locality) in Sales Tax. I will then be charged a FFL "Transfer Fee" that also can be as much as $40+(pistols are often extra because of the second form), and lastly, shipping charges. Seems to me that the $100 savings can be eaten up real fast, as well as having to wait to take possession. I go to my local Dealer, pick up the gun I want, fill out the forms, and about 30 minutes later walk out with my purchase.

Another benefit of using the Local Dealer is Warranty. I once had a problem with a pistol and merely took it back to the Dealer. HE shipped it to the factory and called me when it was returned. No hassles with UPS of FEDEX and no added money out of my pocket.



BTW, the tax would not be due on that old "Family Heirloom" if one could show that a Sales Tax was paid on it when it was originally purchased. Show the record of tax payment (original reciepts are good) and no tax will be collected. All the more reason to keep good records on gun purchases. Yeah, I know that hardly anyone does, but those that do can save money.
 
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