NJgunowner
New member
Just stay out of NJ and you'll probably be fine 
Moving a Handgun
- Thread starter uFu
- Start date
Just wanted to say thanks again for all the input, and to wrap up the story for anyone who might reach this thread via Google or whatever.
We had a great trip across the country, and my gun made it to the Seattle FFL in one piece. If I had it to over again though, I would do it differently. A minor reason is that my GF wasn't crazy about being the "owner" of my gun, and the FFL certainly didn't like the idea of a sham-ish sale to get around the 90-day rule. So I had to wait the 90 days. Plus a NICS delay for the better part of a week (no idea what that was about). And... they insisted on collecting state sales tax of 10% of the value of the gun.
So all in all, a very time-consuming and expensive process, and not one I would recommend. On the bright side, my gun and I have been getting reacquainted at a great range I've found nearby, and my WA carry permit should be here any week now.
Eagle Eye, you were absolutely right: I totally over-thought the whole thing. Now that I realize that most states away from the East Coast are pretty reasonable about such things, if I had it to do over, I'd just stash the gun case in the trunk and hit the road.
Anyway, thanks again to all who responded.
-J
We had a great trip across the country, and my gun made it to the Seattle FFL in one piece. If I had it to over again though, I would do it differently. A minor reason is that my GF wasn't crazy about being the "owner" of my gun, and the FFL certainly didn't like the idea of a sham-ish sale to get around the 90-day rule. So I had to wait the 90 days. Plus a NICS delay for the better part of a week (no idea what that was about). And... they insisted on collecting state sales tax of 10% of the value of the gun.
So all in all, a very time-consuming and expensive process, and not one I would recommend. On the bright side, my gun and I have been getting reacquainted at a great range I've found nearby, and my WA carry permit should be here any week now.
Eagle Eye, you were absolutely right: I totally over-thought the whole thing. Now that I realize that most states away from the East Coast are pretty reasonable about such things, if I had it to do over, I'd just stash the gun case in the trunk and hit the road.
Anyway, thanks again to all who responded.
-J
It is perfectly legal to have your handgun in PA, it is totally legal to have your handgun in WA, no request to any one, and no registration required. The weapon is yours, you are not selling it. The only state in between that could possibly be a problem in IL. No other state will give you any grief.
So, just don't stop in IL. Stop making it harder for yourself than it is. If you put the unloaded weapon in a box out of your reach, in your car with you, you are even ok in IL.
Good Lord, most of the states inbetween you could even carry it on your person..except of course, IL.
So, just don't stop in IL. Stop making it harder for yourself than it is. If you put the unloaded weapon in a box out of your reach, in your car with you, you are even ok in IL.
Good Lord, most of the states inbetween you could even carry it on your person..except of course, IL.
I went ahead and looked up the relevant Washington state code. Sure enough, if you can't provide a receipt showing that you already own the gun, then you have to pay the use tax. But check this out: even if you can prove that you bought and paid for it and paid whatever tax was owed in the state you bought it in, you've still got to pay the difference in tax between that state and Washington. And even if it's a gift, tax on the value is owed to the state.
It seems kind of astonishing to me, but after giving it some thought, I suspect that Washington's law isn't much different than any other state with a sales tax.
Since your girlfriend received the gun, it was treated as a gift from you to her, thus the tax. I wonder what would have happened if you'd have waited until you were a bona fide resident to pick up your gun? Would there have been tax collected for a gun that you shipped to yourself?
Forget the "use tax". You are not purchasing or selling, or registering a vehicle. You do not need to register a weapon you already own when you move to WA, not even Seattle. No registration, no use tax. Even with your car, if it is over 6 months old they will not hit you for "use" tax.
The use tax only comes into play when you purchase a weapon from out of state, when you already live here, then you pay it to the FFL and he submits it with his sales tax collections.. You do not need an FFL to bring your previously legally owned weapon, and you do not need to pay the use tax on any previously owned weapon....just bring it and forget the fluff.
Bring any weapon you wish, without any strings....except for a full auto..full auto is a no-no.
In WA you can OC without a permit, or you can apply for a "shall issue" permit to CC. There is no weapon attached to you permit (you do not even need a weapon to apply for a CPL)
Ufu: you got ripped off. There is no 10% sales tax in WA,
The use tax only comes into play when you purchase a weapon from out of state, when you already live here, then you pay it to the FFL and he submits it with his sales tax collections.. You do not need an FFL to bring your previously legally owned weapon, and you do not need to pay the use tax on any previously owned weapon....just bring it and forget the fluff.
Bring any weapon you wish, without any strings....except for a full auto..full auto is a no-no.
In WA you can OC without a permit, or you can apply for a "shall issue" permit to CC. There is no weapon attached to you permit (you do not even need a weapon to apply for a CPL)
Ufu: you got ripped off. There is no 10% sales tax in WA,
Aguila Blanca
Staff
The FOPA doesn't mention food or gas stops, either. Transporting interstate, in accordance with the FOPA, should be no problem anywhere -- ESPECIALLY if packed with your household goods and belongings for a permanent (or long-term) relocation.uFu said:
But ... as someone already mentioned, it IS legal for you to ship firearms to yourself, with no FFL involved. After all, it isn't a transfer of ownership, it's only transportation from Point A to Point B. The conditions are that YOU have to personally pack and ship the firearms on the PA end, and YOU have to personally open the package(s) on the WA end. They can be shipped to you in care of some other person (your GF, if she's already there), but the third party is not allowed to open the packages -- only to receive them and hold them for you.
Check the BATFE FAQ -- this is specifically discussed.
Unfortunately, not true in this case. The use tax comes into play when you transfer a firearm from out of state from one person to another, which is what the OP did - from himself to his girlfriend. The state law is crystal clear that tax is owed by the recipient, even if the gun is a gift, which is what it is in this case.
As far as the tax rate, from my cursory search, it's 9.5% in Seattle.
That's why I wondered what would have happened if he'd let the FFL hold the gun until he was a bona fide resident of Washington.
As the OP pointed out himself, it probably would have been a whole lot better (and just as legal) to have just locked it in the trunk instead of going through the rigmarole of the FFL transfer.
maestro pistolero
New member
But he didn't transfer it to his GF, right? He elected to wait the 90 days, so what was the use tax for?
You're absolutely right! I misread that part of his post. Hmm...I think that he's got a pretty good case to make for reimbursement from the tax commission.
I think that the problem is that the law doesn't address his particular situation, so the gun shop, in a case of CYA, opted to treat the out of state transfer as a sale or gift.
On the bright side, now that the OP is a resident of Washington, he can lobby his state legislators to add some clarification to the law!
I think that the problem is that the law doesn't address his particular situation, so the gun shop, in a case of CYA, opted to treat the out of state transfer as a sale or gift.
On the bright side, now that the OP is a resident of Washington, he can lobby his state legislators to add some clarification to the law!
It's simple, the FFL ripped him off. Sales tax here is 7.8% (7.5% state, 0.3% county if I remember correctly, been a while sisce I had to collect sales tax), and yes, I know king county adds their own, and Seattle city probably adds some too, but there is no 10% tax anywhere I know of in WA.
Secondly, it was not (as I understand) a "transfer between persons of different states", and it also was not a "recent acquisition"..sorry, no tax required.
It is too bad he lived in NY long enough that he no longer realized the rest of the US (with the exception of maybe NJ, MA and Chicago) are still part of a more or less free nation.
As to the statement about the legislature clearing up the problem??? they created it,
Secondly, it was not (as I understand) a "transfer between persons of different states", and it also was not a "recent acquisition"..sorry, no tax required.
It is too bad he lived in NY long enough that he no longer realized the rest of the US (with the exception of maybe NJ, MA and Chicago) are still part of a more or less free nation.
As to the statement about the legislature clearing up the problem??? they created it,
Sgt Pepper
New member
This entire thread seems so bizarre to me.
If I board a flight tomorrow and I want to take a gun with me, I pack it in a locked gubmint approved container sans ammo inside my checked luggage, announce it to the staff, get on the plane, arrive at my destination, pick up my checked luggage off the conveyor, and off I go. No tax. No registration. No third parties. No proof of ownership.
The reason that he got taxed because he did an FFL transfer when there was NO TRANSFER!
All that being said, my hat is off to the OP who went out of his way, way way way out of his way, to stay "legal." And the gun control freaks are so worried about us lawful folk.....
If I board a flight tomorrow and I want to take a gun with me, I pack it in a locked gubmint approved container sans ammo inside my checked luggage, announce it to the staff, get on the plane, arrive at my destination, pick up my checked luggage off the conveyor, and off I go. No tax. No registration. No third parties. No proof of ownership.
The reason that he got taxed because he did an FFL transfer when there was NO TRANSFER!
All that being said, my hat is off to the OP who went out of his way, way way way out of his way, to stay "legal." And the gun control freaks are so worried about us lawful folk.....