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Old 02-05-2013, 09:58 PM   #11
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WASHINGTON (Reuters) - Two Republicans and two Democrats took a first bipartisan step toward new gun restrictions on Tuesday by introducing a bill in the House of Representatives to crack down on gun trafficking to criminals.


http://news.yahoo.com/bipartisan-house-group-pushes-gun-trafficking-proposal-210934475.html;_ylt=AhWjwdBCmC4tVKHvwu8PbMUJVux_;_ ylu=X3oDMTIydjkwZ3J0BG1pdANBVFQgSG9tZSBXaWRnZXRyb2 4gVGVzdCAxBHBvcwMzMgRzZWMDTWVkaWFBdHRXaWRnZXRyb25B c3NlbWJseQ--;_ylg=X3oDMTFpNzk0NjhtBGludGwDdXMEbGFuZwNlbi11cwRw c3RhaWQDBHBzdGNhdANob21lBHB0A3NlY3Rpb25z;_ylv=3

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Old 02-05-2013, 10:39 PM   #12
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I often buy guns as an investment. They are in my collection. They are for my personal use. But I would sell some if I needed to. I have never bought a gun with the intention to sell it. I believe that is the difference.

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Old 02-05-2013, 11:39 PM   #13
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Is an FFL required for the sale of NFA?

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Old 02-06-2013, 12:12 AM   #14
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I'm putting my money on intent. If you are buying with intent to resell to make money = dealer. Same as buying for someone else = straw purchaser.

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Old 02-06-2013, 12:20 AM   #15
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nouthing ileage about that in fl as long as the buyer was legel

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Old 02-06-2013, 01:02 AM   #16
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Quote:
Originally Posted by primer1 View Post
I'm putting my money on intent. If you are buying with intent to resell to make money = dealer. Same as buying for someone else = straw purchaser.
Quote:
Originally Posted by robertusa123 View Post
nouthing ileage about that in fl as long as the buyer was legel

Exactly, it's all about intent, and it's a federal law, so it trumps state.

If you buy a gun SPECIFICALLY with the intent to resell at a profit, that is ILLEGAL.

now, prove intent in a court of law.

if you buy one gun, then realize that you can't really afford it because it maxed out your credit card, and you resell it a week later to pay off your credit card so you can put groceries on the table....that's not really illegal.

but if you buy 3 or 4 of the same exact gun, drive across town to the local gunshow, and sell them the same day...that's probably illegal, and it would be awfully hard to introduce reasonable doubt when you're standing before the judge/jury.

The question is, do you feel like risking jail time to make a few bucks?
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Old 02-06-2013, 01:08 AM   #17
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Welcome to the wonderful world of "That all depends..."

It is unlawful to "Engage in the business" of selling guns without being licensed as a Dealer. No, there IS no magic number that triggers that. No, it is not making a profit. It has been defined by the ATF as "Devoting time and attention to buying and selling with the intent of making a livelihood."

Bought an M1 carbine for my collection. Found a better one, bought that. Decided to sell the first one. NOT engaging in the business.

Decided I am no longer interested in Enfields, and I want to get a 1903A3. I put all of my Enfields up for sale. NOT engaging in the business.

I buy 6 M/N 91/30s. Pick out one I want, and immediately offer the other 5 for sale. Good luck in proving THAT is NOT engaging in the business. I WILL bet you that you are going to spend more than your profits in legal costs for that.

Do you need a dealer to sell an NFA item? No- but transfer must be made by a dealer with the correct license/ SOT.

Is it interference with commerce? Of COURSE it is. And commerce is interfered with/ regulated/ prohibited/ taxed/ limited every day. Don't believe that? Go try to buy a case of dynamite without the licenses. Try to sell an ounce of coke. Take corn and convert it to a clear, flammable liquid.

Sorry- old men tend to ramble a bit. If you are having to work at justifying what you do- it probably ain't right. If it walks like a duck, quacks like a duck, could you PROVE it is a dove with funny feet? And THEY have more lawyers than YOU do.

Disclaimer- I am not a lawyer. My FFL is a Collector's FFL, and not a dealer's. If there are some 01 or 02 FFLs that want to stick on oar in here, they are welcome. But if you go to the ATF website, you can pretty much read everything I just posted.

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Old 02-06-2013, 02:04 AM   #18
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Thanks for the clarification c3. That makes sense.

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