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For the legal beagles here....

Discussion in 'General Firearm Discussion' started by deen_ad, Oct 24, 2012.

  1. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Want to buy a new handgun, can't find it locally. Dealer in OR has it so can buy it and have it shipped to Vancouver. Extra cost, but doable.
    The question is: do I have to go through and pay the $10 OR check fee at the dealer in OR? It's not really a problem as I've never been denied or even delayed, just don't want to spend $10 if I don't have to.
     
  2. ron

    ron Vancouver, Washington Silver Supporter Silver Supporter

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    Don't want to spend $10? :laugh: You are going to have to pay Washington State sales tax when you transfer it thru a Washington FFL. Transfer fee of at lease $30 to $50 for your FFL dealer. Plus shipping cost. You do not have to pay the $10 Oregon background check because you cannot purchase it from an Oregon FFL.
    I would never suggest of doing anything illegal (straw purchase) but I have heard of people getting a buddy from Oregon to buy it for them.
    Years ago when I first got into shooting you could not buy a long gun across state lines.
     
  3. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    As far as I know, you shouldn't have to pay the 10 to OR since the FFL in OR is shipping it to an FFL in WA and not a private party.
     
  4. Misterbill

    Misterbill Yakima County, Washington New Member

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    The entire transaction is really taking place in Washington so Oregon statutes on buying a gun don't really apply. You just pay the shipping and the transfer costs plus sales tax in WA.
     
  5. Skang

    Skang WA Well-Known Member

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    no, $10 only for when your are purchasing from them.

    in this case, buying it online could save you little bit. (what kind of handgun are you looking at?)
     
  6. OregonPlinker

    OregonPlinker Creswell, Or Active Member

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    Check out gunbroker.com too. If your gonna pay shipping anyway you might find it cheaper on there.
     
  7. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Actually the OR dealers price is $50 cheaper than the cheapest on Gunbroker and I'd still have to pay shipping, FFL fee and use tax.
     
  8. Jammer Six

    Jammer Six North Greenlake, Seattle New Member

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    That's what I like to see.

    Legal advice from the internet.

    The only bigger fool than the one giving said advice is anyone who takes it.
     
  9. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Guess you didn't read the question did you?

    I didn't really ask for legal advice.
     
    mjbskwim and (deleted member) like this.
  10. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    The "fly in the ointment" is that I would indeed be buying it from an OR FFL, then they ship to WA (at my expense) where the FFL here charges me their fee and use tax since I've already paid for it before it's shipped. That's what causes the question!
     
  11. iamme

    iamme Lane County Well-Known Member

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    Did you even read the post?? The question was if he pays the $10 BG check. But good helping there.


    It doesn't matter. The $10 is when an FFL does a transfer to a buyer. The FFL is transfering the gun out to another FFL, no background check needed, no $10.
     
  12. toywin12

    toywin12 Tacoma, Washington Member

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    What is the $10 for? BG check? When I've purchased online, the dealer wants 2 things: payment for the gun and the FFL information for where it's being shipped to. The dealer you purchase from shouldn't be doing a BG check on you since they are transferring the gun to another FFL where you will have to complete the 4473 and NICS in order to receive the gun. My .02 cents...IANAL
     
  13. iamme

    iamme Lane County Well-Known Member

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    I doubt dealer is, it sounds like OP was trying to just cover bases/get info straight.
     
  14. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    No, you will not be charged the OR $10 for the background check.

    You will be charged the transfer fee, and "use" (rather than "sales" tax, even though they are the same rate) because you purchased from an out of state source.

    UNLESS:

    The OR gun store charges you WA sales tax (they are actually supposed to)...so check your receipt carefully to make sure you do not get hit with WA sales tax, and use tax.
     
  15. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    Yes you are buying it from an OR FFL but you cannot take possession from the WA FFL until you pay his fees, the state sales tax and pass an instant check. I do this all the time from places like CDNN and private parties
     
  16. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    I confirmed this this morning even though they sold the one I wanted yesterday!!
    No $10 OR background check, just the $35 shipping, then the $25 FFL fee and use tax for WA. Still comes out cheaper than what I found on Gunbroker and another of their stores has one they're shipping to the Portland store.
     
  17. ATCclears

    ATCclears Seattle area, WA Well-Known Member

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  18. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Nope, they don't have it either!

    But, the dealer called and said about 20 min after I left they got a shipment in and it included what I wanted. Now I need to get over and pay for it so they can ship it to Vancouver.
     
  19. Thebastidge

    Thebastidge 10411 NE Fourth Plain Blvd Vancouver WA 98662 Well-Known Member

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    If they were close enough, they could drop it off at a Washington shop, rather than shipping. My shop charges $30 transfer fee plus use tax on the purchase price.

    Herman: OR retailers are not required to collect WA sales tax in any way. WA resident are required to pay use tax on anything they buy out of state. Retailers in other states have no duty or mechanism for remitting out of state sales tax, and it's outside the constitutional authority of Washington to require tax on transactions outside the state.

    It IS within Washington's Constitutional authority to impose a Use tax on items that you 'import' into the state.

    Oregon's $10 fee for BG check only applies to the act of transferring the firearm to you, not the sale itself. So you won't pay that for a firearm being transferred to another FFL. You would pay that on a long gun you purchase in Oregon and take home with you.