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Can a WA resident purchase a firearm in Oregon to get around the usage tax?

Discussion in 'Legal & Political Archive' started by Captnmo, Apr 26, 2012.

  1. Captnmo

    Captnmo Pierce Co. WA New Member

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    Hi, I live in WA and understand it's legal to purchase a firearm in a border state (i.e. Oregon). In WA all FFL's charge a "usage tax" which so happens to be similar to the 9.3% sales tax in this state. This can greatly increase my total cost of an expensive firearm. So Can I A) Have a firearm shipped to an FFL in Oregon and legally purchase there? and B) Will the Oregon FFL charge me a sales/usage tax like WA? If it's legal and there are no other fees charged other than the transfer fee, it's worth the drive to me. Thanks!
     
  2. 1950jcb

    1950jcb Kennewick, WA Member

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    The only way to avoid the tax is trade--just like a car. Otherwise, you're stuck.
     
  3. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    <- Why there aren't any school shootings in Israel!
    Teacher with long gun slung over her shoulder!!!

    You can purchase a long gun at a FFL and bring it back with you. That illegally avoids the use tax as you're supposed to go to the Dept of Revenue, declare the purchase and pay the use tax. I don't know of ANYONE that does that.


    Deen
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    "A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
     
    Last edited: May 8, 2014
    mjbskwim, Caveman Jim, Redcap and 9 others like this.
  4. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Under federal law you can purchase a long gun from an ffl dealer in any state where it is not prohibited by state law. It does not have to border WA unless WA prohibits it. I don't think they do. You can check on that. As deen_ad said WA expects that you will report yourself and pay the tax.
     
  5. rupey7

    rupey7 Pacific Northwest Active Member

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    My understanding is that you have to receive hand guns from an FFL in the same state you reside in, thus you will pay the use tax. If purchasing a long gun you can receive from an out of state FFL at which time you will not be charged a use tax.
     
  6. Captnmo

    Captnmo Pierce Co. WA New Member

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    This will be a long gun shipped from Texas.
     
  7. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    <- Why there aren't any school shootings in Israel!
    Teacher with long gun slung over her shoulder!!!

    Then the FFL is supposed to charge you the WA use tax on the price (or the DOR's established price) of the gun and the shipping charge but not on the FFL fee.


    Deen
    NRA Life Member, Benefactor Level
    NRA Golden Eagle member
    Defender of Freedom Award
    NRA Recruiter
    Second Amendment Foundation Member
    Washington Arms Collectors Member
    Arms Collectors of SW Washington Member


    "A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
     
    Last edited: May 8, 2014
  8. Scott

    Scott Battle Ground Well-Known Member

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    Ship it to a FFL in OR and your good to go. I do it all the time. Forget all that other crappy. Save time and money.

    Sent from my Desire HD using Tapatalk 2
     
    Redcap likes this.
  9. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Hmmm, that might or might not be legal. Depends on the BATF agent and how he feels that day.

    1. The purchase actually occurred in TX so it needs to go through A WA FFL.
    2. The long gun was sent to the OR FFL from an FFL to be sold to a customer.
     
  10. Scott

    Scott Battle Ground Well-Known Member

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    As long as it is a long gun it is fine. FFL to FFL its legal. Handgun has to go to state of residence.

    Sent from my Desire HD using Tapatalk 2
     
  11. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    I agree with Scott that the transfer is legal because in the ATF eyes is it about where the transfer to the end user happens. I say transfer because no money (or other compensation) has to take place.

    It is also illegal to avoid taxes that are due. Just because you transfer the gun in OR you are still legally bound to pay the tax on that item in WA. This is for any item. IF you get caught avoiding that tax it will be expensive. While in the past this has been greatly over looked as .gov is hurting for me $$$ they will be looking for anyway they can to collect all of it.

    I am not a tin foil hat guy but admitting that you are breaking the law or trying to avoid laws in a pubic form is not wise. Look at all the problems the stuff people post on facebook has caused them.........
     
    mjbskwim likes this.
  12. Captnmo

    Captnmo Pierce Co. WA New Member

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    Not trying to break any laws, firearms or taxes. I don't agree with all the laws but that doesn't mean I break them. That's why I'm asking before I go forward with the transaction.
     
  13. CharonPDX

    CharonPDX Portland, OR Active Member

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    As my aunt can attest - buying something for use in Washington requires the payment of either Washington sales tax or use tax. Period. Washington tax law is pretty clear-cut on that - to the point that an Oregon-only company shut down because they didn't charge Washington sales tax for items bought by Washington residents then shipped at the Washington residents' expense into Washington - because in theory the Oregon retailer should have "known" the items were being delivered to Washington therefore collected and paid Washington sales tax.

    If you wish to stay within the law, have it shipped to WA, and pay the use tax as you're supposed to.

    If you wish to make a political statement in opposition to sales taxes, ship it to Oregon. (Obviously that only applies to long guns - handguns you MUST ship to Washington.)
     
  14. Scott

    Scott Battle Ground Well-Known Member

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    It not a political statement by buying stuff in OR. Better not buy anything online either then.

    Sent from my Desire HD using Tapatalk 2
     
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  15. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    You can buy all the stuff you want online or anywhere else for that matter. You are just legally required by WA to pay a tax on it (pick the name of the tax) if it is for use in WA. Many online places ARE charging tax for many states now......

    To the OP here is a link to get you started in what you should know, Use tax

    You have to pay a tax on EVERY thing in WA legally. Most people dont on anything that is not bought from a place the collects sales tax or things like vehicles that have to be registered. When it comes to things like vehicles many people in private sales give the DOL a very different price for the "value" then what was actually paid. Odds of you getting caught and fined are low.

    Again it is silly to post on the internet doing illegal things even if minor.
     
  16. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    If you go through a lcensed dealer there is no way you are going to beat the useage tax...however, if you have it shipped to Okanogan Co, I think the tax is 7.5% here. The use tax is whatever your state/county/city sales tax is. First thing, make sure it is shipping to someone that is not in any city that has optional sales tax, then, get your *** over the pass to one of the lower tax rate dry side counties...

    Will it be worth the cost of the fuel? As a special trip, no. If you are coming over anyway...it will help a bit.
     
  17. Captnmo

    Captnmo Pierce Co. WA New Member

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    Interesting discussion I stirred up here. So the WA Dept of Revenue should be searching everyone that lives in Vancouver, WA and frisking them for their grocery receipts to see what they bought in Portland, right? I'm just going to have the rifle shipped to an FFL here in WA just so its not on my conscience and I'm within the law, especially when it pertains to firearms. But sheesh!.....kinda makes you wonder what they CAN'T tax you on. :p
     
  18. str8shot

    str8shot Battle Ground, Wa Member

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    Sounds exactly like the story that was on the news a while back with Mattress World.
     
  19. Martini_Up

    Martini_Up NW USA Well-Known Member

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    don't go 56 in a 55 either, you'll be breaking the law.

    Also, make sure to keep your gas receipts when you fill up in Oregon as you'll need to calculate that tax to give to Washington. Seems they do something like that up in Canada, aye. Too many hosers going over the border to fill up.

    Best just give all your money to Wa.St. and ask them what you can have back.... it's for the children and the fair share crowd.
     
  20. Provincial

    Provincial Near Salem, OR Well-Known Member

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    A local company got caught in the same tax problem as the mattress company. Here is the sales tax angle: If you sell your goods into Washington State and deliver them via common carrier, there is no requirement to collect sales tax. If you deliver the goods with your own trucks, you are required to collect Washington sales tax.

    Since the question here is about a "usage tax" I don't know what the requirement is for the seller, but if the transaction occurs in another state, Washington should have no standing regarding taxes.

    By the way, the states are pressuring Congress to require sellers to collect sales tax for the buyer's state.