For the legal beagles here....

deen_ad · Oct 24, 2012

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.

ron · Oct 24, 2012

Don't want to spend $10? :s0114:

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.

One-Eyed Ross · Oct 24, 2012

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.

Misterbill · Oct 24, 2012

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.

G1GRANDEUR · Oct 24, 2012

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?)

OregonPlinker · Oct 24, 2012

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

deen_ad · Oct 24, 2012

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.

Jammer Six · Oct 24, 2012

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.

deen_ad · Oct 24, 2012

Guess you didn't read the question did you?

I didn't really ask for legal advice.

deen_ad · Oct 24, 2012

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

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!

iamme · Oct 25, 2012

Jammer Six said:
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.

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

deen_ad said:
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!

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.

toywin12 · Oct 25, 2012

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

iamme · Oct 25, 2012

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

hermannr · Oct 25, 2012

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.

Blitzkrieg · Oct 25, 2012

deen_ad said:
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!

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

deen_ad · Oct 25, 2012

hermannr said:
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.

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.

ATCclears · Oct 25, 2012

Discount Guns for Sale - Buds Gun Shop

deen_ad · Oct 25, 2012

ATCclears said:
Discount Guns for Sale - Buds Gun Shop

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.

Thebastidge · Oct 26, 2012

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.