Private Sales?
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Old 06-05-2012, 08:26 AM   #1
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Default Private Sales?

I have been thinking about obtaining some guns through private sales recently. It could be sketchy at times and I am not too sure on exact laws in the state of Maryland for private gun sales. I do not know where the red tape is and where the lines can or cannot be crossed. I know that in some instances like pistols you have to register the gun with the state police and in other instances they want you to sell through an ffl dealer. Any opinions on private sales? I feel that it would be nice to just pick up a few shotguns and rifles (maybe broken for cheap) that I could return to working order with a part or 2 and possibly keep for myself or make a nice profit to buy something that's worth my time. Thanks in advance.

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Old 06-05-2012, 09:30 AM   #2
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Selling firearms for profit without an FFL may put you in some hot water.

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Old 06-06-2012, 01:19 AM   #3
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Quote:
Originally Posted by danf_fl View Post
Selling firearms for profit without an FFL may put you in some hot water.
It would be another private sale after I have replaced a part or 2 or just pushed it onto someone else. I am sure that it would pass in legal court if it ever went that far.
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Old 06-06-2012, 02:07 AM   #4
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Quote:
Originally Posted by xcoreyyyx View Post
It would be another private sale after I have replaced a part or 2 or just pushed it onto someone else. I am sure that it would pass in legal court if it ever went that far.
And that statement clearly shows you are not a-

Police officer
Lawyer
judge
Federal agent


You would be guilty of dealing without a license. The feds even require ameteur smiths to posess a license to be "lawful."
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Why do you feel it necessary to list your guns?


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Old 06-06-2012, 02:12 AM   #5
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Typically speaking you are allowed a certain number of "transfers" or "private sales" in most states. Check the laws in your area for how many you are allowed (in ma its 4 in a year) and stay under that number and you should be fine. How much you buy or sell the gun for is nobody's business. Learn and follow the laws.

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Old 06-06-2012, 02:12 AM   #6
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Like I said, private sales have red tape and you don't really know where the line is drawn. With rifles and shotguns you can make a private sale (without registering through the state police) and your doing nothing wrong. If they are ARs or pistols, they want you to register the gun with the state police and certify the sale through an ffl dealer.

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Old 06-06-2012, 02:14 AM   #7
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Quote:
Originally Posted by mountainman13 View Post
Typically speaking you are allowed a certain number of "transfers" or "private sales" in most states. Check the laws in your area for how many you are allowed (in ma its 4 in a year) and stay under that number and you should be fine. How much you buy or sell the gun for is nobody's business. Learn and follow the laws.
Yeah, I don't think that guy lives in an area with private sales or he was just having a bad day. Either way I am looking into everything like I have before just to be sure or how many I can do and make sure always to exchange license numbers and a written statement signed just to be sure that in case anything goes wrong I will have it there.
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Old 06-06-2012, 02:29 AM   #8
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Not having a bad day, and C3, CMON!


Corey, educate yourself. Don't be the guy that gets whacked for unlawful sales "cuz I figgered I'd be OK".

I live in a free state, no registration, privatte transactions all day long

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Old 06-06-2012, 02:31 AM   #9
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Ladies and gentlemen- in addition to any STATE regulations that YOUR state may have, the FEDERAL goverment also regulates the sale of firearms.

If you "engage in the business" of buying and selling guns, you must be licensed by the BATFE as a Dealer. This is 18 US Code, section 922.

"Engaged in the business" means devoting time and attention to it to make a livelihood. There is NO magic number of sales that is permitted. Casual sales ARE permiited under Federal law. However, to be doing it to make an income, there HAVE been cases where the Feds prosecuted on the basis on ONE sale.

Casual- neighbor likes my 12 g, and I never go bird hunting any more, so I sell him my shotgun. I like WW 2 guns- have an M1 Carbine. Get a NICER one, decide to sell my first one. THOSE are allowed without a FFL. If you are NOT a FFL, you can only sell to a resident of your home state, or to a FFL holder.

E-I-T-B. I am selling beef jerky and costume jewelry at the flea market. Guy offers to sell me a Ruger Mk2 with a red dot sight for $100. I buy it, and put it on the table with a $250 price tag. The ATF did exactly that routine to an unlicensed seller. Court found he was "Engaged in the business".

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Old 06-06-2012, 02:37 AM   #10
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Exactly, I wouldn't be doing it for a profit. It would mainly be to grab guns for cheap for myself and probably eventually get rid of them when I cant fit anymore in my gun designated area of the house.

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