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-   -   Don't sell firearms illegally (http://www.firearmstalk.com/forums/f97/dont-sell-firearms-illegally-83486/)

danf_fl 02-05-2013 10:07 PM

Don't sell firearms illegally
 
I was told today by someone that a co-worker of hers had purchased some firearms from a well known chain store, then turned around and sold the same firearms for a profit.

That could be considered "dealing", and if indeed "dealing" (and not in possession of an FFL) it could result in some R&R time.

Heads up to our members who wish to turn a profit on this firearm & ammo shortage.

FullautoUSA 02-05-2013 10:09 PM

Couldn't they say it was a civilian transfer?

danf_fl 02-05-2013 10:11 PM

If they were different firearms, possibly, but 3 of the same manufacturer and model purchased originally at the same time?

Axxe55 02-05-2013 10:17 PM

i agree. i am sure there are those who saw the trend starting to take place and bought with the intentions of selling at a profit. legally i am not sure where this stands, but it would appear to be dealing and without an FFL that would be illegal.

FAUSA, it's a private sale or FTF sale not civilian transfer. only an FFL can do a transfer.

danf_fl 02-05-2013 10:22 PM

The point is not to sell illegally.

All we, as gun owners and FFL holders, need is for our members to be caught doing something illegal.
The fire is big enough without our adding fuel.

GrtWhytHype 02-05-2013 10:34 PM

Are there regulations that limit how many guns you can sell before being labeled a dealer? I'm not aware of any. I could see them saying gunbroker sales are classified as interstate sales which would classify you as a dealer. I guess :-/ but then again you transfer to an ffl for gunbroker sales. My head hurts thinking about it now.

Axxe55 02-05-2013 10:41 PM

Quote:

Originally Posted by GrtWhytHype (Post 1125447)
Are there regulations that limit how many guns you can sell before being labeled a dealer? I'm not aware of any. I could see them saying gunbroker sales are classified as interstate sales which would classify you as a dealer. I guess :-/ but then again you transfer to an ffl for gunbroker sales. My head hurts thinking about it now.

C3 is pretty knowledgeable on this subject. it might even be up to the ATF agents discretion as to whether you are engaging in the business of selling firearms for profit or as business venture without the proper FFL.

on GunBroker, if they are going through an FFL on the recieving end, the Transferee, then that might be different.

hopefully C3 or some of the other members that hol an FFL can shed more light on this. it makes my head hurt too!

tshoot91 02-05-2013 10:47 PM

I read this as Government regulations standing in the way of capitalism and the free market. ;)

danf_fl 02-05-2013 10:50 PM

Could an agent consider it a "straw purchase"?

18 U.S.C.921(a)(11):
(11) The term “dealer” means
(A) any person engaged in the business of selling firearms at wholesale or retail,
(B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or
(C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter.

Genec 02-05-2013 10:55 PM

IMO, as in all things legal, intent is key. I have sold and bought guns privately from my house, at gun shows and in parking lots, etc, but the intent was so purchase or sell a single gun. The intent of making a profit over and over, on more than one gun is, by definition, dealing.

Btw, I require a valid( Florida) driver's license and a CCW for all my handgun sales.


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