What is it with MA FFL dealers and transfers?

Joined
Dec 16, 2005
Messages
96
Likes
6
Location
Cape Cod, MA
Feedback: 7 / 0 / 0
I'm trying to find a dealer that will transfer a Garand stripped receiver to me from another state. I've called 5 now within 30 miles of me here on cape cod and all want to charge me sales tax (not a law afaik) and want the transfer to be FFL to FFL thereby turning a reasonable deal into an expensive one.

Are there any dealers out there that will accept a LEGAL transfer from a non FFL anymore? And good luck trying to explain to these guys that FFL to FFL and collecting 5% tax is not required by law. Uhg.

I've transfered half dozen or more guns through dealers in the past and never had this problem, though it has been a year and a half since my last transfer.

Anyone know of a dealer I can use?

Thanks
Chris
 
Technically Massachusetts residents are required to pay sales tax on stuff they buy even if you don't buy it in the state ... Yes, even if you drive up to New Hampshire on the weekend and buy a new TV at best Buy, you are supposed to pay the 5% to the Kommonwealth when you get back ... Seriously.

Nobody from Mass actually does it, but I bet these FFL's are just trying to cover their own asses, as not collecting Sales Tax on purchases is probably grounds for Tax Evasion charges.
 
What perplexes me is, they are NOT selling anything. They are merely transferring the firearm. Money NEVER passes through their hands. I can't see how they can get away with it. It's a service that they are providing and the last time I checked, we don't have sales tax on services, YET.
 
JonJ said:
What perplexes me is, they are NOT selling anything. They are merely transferring the firearm. Money NEVER passes through their hands. I can't see how they can get away with it. It's a service that they are providing and the last time I checked, we don't have sales tax on services, YET.

It's got to be working like the RMV. When I buy a new car from somewhere else, and then have them transfer the title, the RMV seems to charge tax.

And I might know a dealer near me that would do it, if you want to drive out near the Attleboro's you can give him a try.

Again, PM me for details.
 
BigWarden said:
Technically Massachusetts residents are required to pay sales tax on stuff they buy even if you don't buy it in the state ... Yes, even if you drive up to New Hampshire on the weekend and buy a new TV at best Buy, you are supposed to pay the 5% to the Kommonwealth when you get back ... Seriously.

Nobody from Mass actually does it, but I bet these FFL's are just trying to cover their own asses, as not collecting Sales Tax on purchases is probably grounds for Tax Evasion charges.

Yes, the buyer is legally responsible to pay a use tax. I doubt that many do!

FFL is NOT CYA on collecting taxes here. He doesn't even have to be told how much you paid for it, as he's not part of that transaction. In fact, the way a merchant pays sales tax to the state, he would NOT be paying ANY of what you paid him to MA!! The way it works (for merchant) is "total of all non-exempt sales" x 0.05 = "pay amount" . . . since he has "$0.00" in this sale, he doesn't use it in his calculation. If this is true, he's illegally collecting the sales tax and pocketing it as pure profit and can be prosecuted for it. This doesn't change the obligation of the buyer from paying a "use tax" however.

Confused enough yet?

BTW, "use taxes" are rampant, it's not just a MA phenomena.
 
"After voting to raise taxes this year, state Rep. Arthur J. Broadhurst, D-
Methuen, had three words for anyone looking to collect the use tax he's
accrued from trips to Granite State shops.

"Get a life," he said.

"There isn't a resident who shops in New Hampshire from Mass. that pays
a use tax."

http://www.eagletribune.com/news/stories/20021101/FP_001.htm


BigWarden said:
Technically Massachusetts residents are required to pay sales tax on stuff they buy even if you don't buy it in the state ...

SNIP
 
terrapin88 said:
...
Are there any dealers out there that will accept a LEGAL transfer from a non FFL anymore? ....
Chris,
I have been told by more than one dealer that the reason for this is because the dealer can't return the gun to a non-licensed person if there is a problem completing the transfer.
In any case, the dealer gets to set his operating policies, and you get to decide where to deal.
Jack
 
i would happily accept that explaination and move on but I'm tired of being lied to by being told it's the law. One guy even told me it was because of 9/11.

C-
 
jhrosier said:
I have been told by more than one dealer that the reason for this is because the dealer can't return the gun to a non-licensed person if there is a problem completing the transfer.

Okay, so that downside of this to the dealer would be what exactly? The dealers stuck with a firearm for which he's paid zero? If the original owner wants the firearm back, then it seems that the dealer could simply insist on the owner paying the transfer fee for returning the firearm to the owner's FFL, plus shipping.

I agree. Business owners have every right to set their own policies within the constraints of the law, but I sick and tired of some asshat pissing on my leg and trying to tell me that it's raining.

Ken
 
jhrosier said:
terrapin88 said:
...
Are there any dealers out there that will accept a LEGAL transfer from a non FFL anymore? ....
Chris,
I have been told by more than one dealer that the reason for this is because the dealer can't return the gun to a non-licensed person if there is a problem completing the transfer.
In any case, the dealer gets to set his operating policies, and you get to decide where to deal.
Jack

Hmm, really??

This could mean that these dealers would NOT accept work from a gun owner (gunsmithing) because they "couldn't" return the guns to the rightful owner? [Before anyone asks . . . this is SPECIFICALLY ALLOWED by BATFE Regs and US Laws.]

Sorry, this does not pass the smell test!
 
Wow, first post digs up a thread from over nine years ago. Might be a record! [smile]

Your location would help with recommendations. Barring that, just call a local shop and ask.

Good luck.
 
Back
Top Bottom