Hello ; I have 4 questions .

Does anybody have any experience with Vias Arms muzzle brakes and the person who is doing the work ?. http://muzzlebrakes.com/order.htm

When any of you answer this next question please include states initials . When purchasing a fire arm ( Long Gun ) over the internet are you required to pay sales tax in you're state , or in the state of purchase ?.

What happens if someone else purchases it for you as a gift and then sends it too your FFL dealer ?. Who pays what tax ?.

Last one for Kalifornians ; Does anyone know when this happened or is this a county regulation only ?.

I was informed by a local smith he's not able to " Work On " my AR 15 because he doesn't have the license for it ???. I had never heard of this before !. When did they require this idiotic BS ?.

Thank you all in advance for your participation !.
Shoot Straight Know Your Target . ...

CA Franchise Tax Board has ruled that if you purchase a firearm from out of state, the receiving FFL is the retailer and is responsible for collecting the sales tax for the full purchase price of the firearm.

The law says "the purchaser" is responsible for the tax, so who ever pays for it has to pay the tax.

It's been on the books for a number of years, I don't know when it was first in effect.


Very important!
On Jan 1, 2000 certain firearms named by make and model or having certain listed features were defined by the state as "Assault weapons". If you owned one of these listed firearms you had to re-register it as an "Assault Weapon" then. If you did not do it when the registration period was open, you are committing a felony by having it in the state. It is another separate felony if you transport it (put it in your car, mail it, ship it, etc) anywhere. There is no longer an open registration period for this. This is a State law and has nothing to do with the sunsetting of the Federal Assault weapons Law.

As part of this designation as "Assault weapons" the law also required any dealer or gunsmith who handles these named weapons to aquire a separate "Assault Weapons License" to transfer, import, repair, etc., these listed weapons.

READ THIS
http://ag.ca.gov/firearms/forms/pdf/Cfl2006.pdf

Pay particular attention to the brand and model names starting on page 11 and the assault weapons "Characteristics" starting on page 13.

Be very careful dealing with California gunlaws. If you need some good advice on CA gunlaws try www.calguns.net. I would be very careful about posting information that you might possess "listed firearms" by make and model names unless thay have been re-registered as "Assault Weapons" during the registration period.

You'll see the term "OLL" used a lot, that means "Off List Lower" which is a lower receiver for AR15 type firearms that is not on the "Assault Weapons" list.

On Calguns.net they have links to frequently asked questions about "OLLs" and other Ca. gun laws.

Thank You !. This answers almost everything .

Do you know about technicalities pertaining too Used firearms or Gifts ?. Is the " Purchaser " the End registry of said firearm even if that person didn't purchase the weapon ?.

What it boils down to is ; Can another person purchase the firearm pay that states tax then gift the firearm to another person in another state ?.

Or it makes no difference because the " Person " who has the firearm registered to them is still responsible for said tax in what ever state they reside in ?.

I have a signed letter of possession & transport
for assault weapons from Atty. General Lockyer .

Thanks for all and any info on this subject , as I'm curious as to other states laws pertaining to internet purchases of firearms .

Does Federal Law take precedence over state law or Visa Versa ?. The legality of certain " State Laws " may be in direct conflict with the U S Constitution . Prop 103, 187 for example , so where do we draw the line and who decides ?. Democrats in CA. ???.

Shoot Straight Know Your Target . ...

quote:

Originally posted by Dr.K:
Thank You !. This answers almost everything .

Do you know about technicalities pertaining too Used firearms or Gifts ?. Is the " Purchaser " the End registry of said firearm even if that person didn't purchase the weapon ?.

What it boils down to is ; Can another person purchase the firearm pay that states tax then gift the firearm to another person in another state ?.

Or it makes no difference because the " Person " who has the firearm registered to them is still responsible for said tax in what ever state they reside in ?.

I have a signed letter of possession & transport
for assault weapons from Atty. General Lockyer .

Thanks for all and any info on this subject , as I'm curious as to other states laws pertaining to internet purchases of firearms .

Does Federal Law take precedence over state law or Visa Versa ?. The legality of certain " State Laws " may be in direct conflict with the U S Constitution . Prop 103, 187 for example , so where do we draw the line and who decides ?. Democrats in CA. ???.

Shoot Straight Know Your Target . ...

I honestly don't know all the procedures around gifts.

If you have the registration for the "Assaul Weapon" for the DOJ it's just a matter of locating an "Assault Weapons" licensed dealer to work on it. Cal around to some gunshops in your area and I'm sure that someone there can tell you of one. Someone on Calguns will know also and be glad to tell you.

As far as Federal and State laws issues, I believe that we are obligated to follow the most restrictive of both.

Do I believe that the State laws of Ca are in duirect conflict with the a number of clauses in the US Constitution? Yes, I do.

Usually the Supreme Court decides where the line is drawn and since the Washington DC Court of Appeals ruled against Washington DC's gun ban many people are hoping that DC V Parker (originally Heller V Washington DC) will be the case that draws the line.

Frank ; I wanted to thank YOU again as I did go to the web link and read everything there .

I how ever didn't see anything pertaining to purchasing a Long Gun . Most of it is about assault weapons hand guns and such .

I do know it MUST be shipped too an FFL. holder paper work which I pay for being the registered owner , then a mandatory 10 day waiting period .

I'm trying to determine in other states if the purchaser is responsible for the TAX on a firearm if said firearm was purchased over the internet ?. Then what about gifting to another ?

Here in Kommyfornia you and I know the answer to that one . YES the state wants it's pieces of silver !. On gifts it's not clear and I can't seem to find where it is clear !.

A dealer has told me if a letter accompanies the purchase stating it's a gift then they're not required to collect Tax on it !.I asked even on a NEW GUN ? , used I could almost understand that . I want to be real sure BEFORE I receive it .

Then who pays the TAX if this is true ?. Some where someone is going to have to pay the Tax , at least that's my thinking on it . The sales dealer sure isn't , so can the Tax be paid in the sellers state if a person is purchasing it as a gift to send too another person or their FFL. dealer.

I would like to hear from those in other states as what their knowledge of these transaction
. I'm sure MANY of those on this forum have purchased new as well as used guns and know something of these procedures ?.

Shoot Straight Know Your Target . ...

Oh almost forgot ; I'm going to be a Gunsmith !. ( This is a Major Joke for those of you who don't know ME ) because I'll have to work on my own stuff. That's NO JOKE !. Seems as though NOBODY around these parts wants anything to do with " Assault Weapons " !. Most have moved away now to other states where Free people still live !.

Shoot Straight Know Your Target . ...

You're very welcome Doctor, I'm glad to help.

There are a couple of "Assault weapon" permitted gunsmiths in So Cal.:

Evans Gunsmithing in Orange
Discount Gun Mart in San Diego

I can't vouch for either of their quality of work but they do have the permits.