The Accurate Reloading Forums THE ACCURATE RELOADING.COM FORUMS Hunting American Big Game Hunting Re: Gunsamerica has a lousy attitude toward customGo | New | Find | Notify | Tools | Reply | |
| Re: Gunsamerica has a lousy attitude toward custom | Login/Join |
| one of us |
Shadow: No you can't legally sell a hundred guns a year without an FFL. Shipping via an FFL is not sufficient. You have to hold an FFL to deal in guns. While there is no hard and fast numerical cutoff to distinguish between private sellers and dealers, 50 guns a year more or less puts you in the position of having to prove that you are NOT dealing with a profit motive, and thus are not required to hold an FFL, if prosecuted. Check your regs, I don't make them, I just follow them. 922 a 1. It shall be unlawful for any person, except a ....licenced dealer, to engage in the business of .....dealing in firearms, or in the course of such business, to ship, transport, or receive any firearm in interstate commerce. "engaged in the business" is defined (definition 21) "a person who devotes time, attention and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enyhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms." You might get away with selling a large number of guns that were acquired over many years, all in the same year,(officer, I am selling my entire collection) but I wouldn't try this two years in a row. Obtaining an FFL is relatively cheap and simple, and it helps keep things documented and legit. Especially in today's world, we as a society don't want militant Islamics, for example, buying large numbers of guns from people like Shadow without any record-keeping or background checks. Same applies to felons and wife-beaters. In conclusion, the regulations do require an FFL if you are continually buying and selling guns for economic gain, and putting the regs aside, I can't agree with Shadow's philosophical point either. You have to have a licence to drive a car, that's not really infringing on your freedoms, it's in everyone's interest that drivers be tested and licenced. Same with firearms dealers. My advice to Shadow: get a licence, soon. The forms are available from the ATF, Washington, DC 20226. | ||
|
| one of us |
Quote: The statute you quoted is indeed the definition, but it is written in such a way that you can in no way conclude that a person is "dealing" just because they sell a large number of guns. There is no presumption of guilt as you suggest. Rather, BATFE would have to examine the "totality of circumstances" (as the courts say in other contexts) to figure out if the definition applies. If you take 2 years to sell 100 guns that you inherited after your grandfather took 80 years to acquire them, you certainly are not a dealer, in my opinion. On the other hand, you could buy and sell far fewer, but if you bought them over a short time and sold them quickly for a big profit, with no evidence of ever doing anything with them in the meantime, you might well be a "dealer" within the definition. For the record, I am NOT a lawyer and this is NOT legal advice. If you have any question about the legality of a sale, ask a lawyer. | |||
|
| one of us |
I think you might have a hard time arguing that one with the ATF ! | |||
|
| Powered by Social Strata |
 | Please Wait. Your request is being processed... |
|
The Accurate Reloading Forums THE ACCURATE RELOADING.COM FORUMS Hunting American Big Game Hunting Re: Gunsamerica has a lousy attitude toward custom
Visit our on-line store for AR Memorabilia