Selling guns protocol ?

[andre3k]

From the document linked:



Federal law does not establish a “bright-line” rule for when a federal firearms license is

required.







Correct. So you do consider buying two dozen guns with the intent of selling them to be enhancing one's collection?



Again, which part of the document I listed was directly contradictory to what I had posted?

OP gave little info so I'm not going to read into it more than I have to. But if he kept some guns for himself and is selling the rest, then he doesn't need a license.

If he purchased them explicitly to resale, but it's a one time thing, I still believe that he doesn't need an FFL. It doesn't meet the definition of "engaging in the business of".

If he does this multiple times then he definitely meets the definition "engaging in the business of" and would meet the definition of a being a dealer.

Ultimately, it's not up to me and what I think. That's up to a US Attorney to decide. I think with the information presented here, he can make an informed decision on what he needs to do and whether his sales are lawful.


Sent from my SM-S918U using Tapatalk

[SmTx]

OP, I would still sell those guns.

[McClain]

OP gave little info so I'm not going to read into it more than I have to. But if he kept some guns for himself and is selling the rest, then he doesn't need a license.

If he purchased them explicitly to resale, but it's a one time thing, I still believe that he doesn't need an FFL. It doesn't meet the definition of "engaging in the business of".

If he does this multiple times then he definitely meets the definition "engaging in the business of" and would meet the definition of a being a dealer.

Ultimately, it's not up to me and what I think. That's up to a US Attorney to decide. I think with the information presented here, he can make an informed decision on what he needs to do and whether his sales are lawful.


Sent from my SM-S918U using Tapatalk

Is there really any legal difference in buying 2 dozen firearms in 1 transaction and selling (presumably in multiple transactions) to make a profit and buying 2 dozen firearms over the course of a year in multiple transactions to sell at a profit? I would assume there is no legal difference and the former would necessitate a FFL as would the latter.

[M16]

Just to be on the safe side. I think he should sell them here for less than he paid for them. That way he can prove he wasn’t doing it for profit.

[imyomama]

if you bought 24 rifles , all different , then decided you no longer want them .. no problem.

if you bought 24 rifles, all the same ... the atf will look as you buying them with intent to resell... regardless if you made profit or not

example , a store closes .. they have 24 ar's they're letting go for $300 a piece .. you buy them all ..
then later you go on gunbroker and list them either one at a time or many at once ...

do not pass go. , do not collect $200!

Now, they have to be watching and catch you.. but if they do ... they sure will pay you a visit!

[Lawhunter]

Remember bump stocks and AR pistols ? Prime examples of BATFE changing the rules to suit their purposes.

Exactly

[CrownKiller14]

What if he bought 1 rifle to enhance his collection, and the other 23 were just in the lot.

The others he's selling at market value. If the sell dollars of the 23 make a profit that's just good luck, but it's what it took to enhance his collection.

[12ring]

All gone like a fart in the wind.....

Thanks for info.

[bullets13]

What if he bought 1 rifle to enhance his collection, and the other 23 were just in the lot.

The others he's selling at market value. If the sell dollars of the 23 make a profit that's just good luck, but it's what it took to enhance his collection.

I think when you start having to justify a way around the rules with hypotheicals that sound silly when you hear them, you're probably risking getting in trouble.