Guns as Investment?

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Trent

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If you buy certain collectible firearms, hedging on that they traditionally increase in value, to be sold at some unknown future date for profit (i.e. think of it as a functional retirement plan) ...

.. does that violate the FFL laws? (Selling for profit)

Ergo, would you need to obtain an FFL before disposing of such collection?

Or, perhaps, go through a dealer, as opposed to private sale or auction?

Does the fact that there is a 5, or 10, or even 20 year interval between acquisition and disposition play in to the matter whatsoever?

Does the size of the collection have any relevance?

Does the frequency at which the collection is eventually sold have any relevance? (I.e. if you sold, say, 100 guns in a year that you'd accumulated over 15 years, vs. spacing them out 10 a year for 10 years?)

Just seems to me that given how firearms appreciate in value over time, it makes sense, from a certain standpoint, to have a "functional" retirement plan that you can both enjoy now.. and benefit from later..
 
Trent said:
Just seems to me that given how firearms appreciate in value over time, it makes sense, from a certain standpoint, to have a "functional" retirement plan that you can both enjoy now.. and benefit from later...
First, let me suggest that not all guns appreciate in value. Some do, but many wind up being just "old guns." And in general, collectables, be they guns, art, antiques, cars, etc., tend to make poor investments as a retirement strategy. It can require considerable skill, knowledge and luck to identify items likely to increase in value; and to realize the cash, you need to find a buyer.

The market for collectables can be very volatile, and I know a number of car buffs who have taken some serious bathes in connection with vintage and collectable cars.

Be that as it may, here is the relevant federal law:

18 USC 922(a)(1) provides, in pertinent part (emphasis added):
(a) It shall be unlawful—

(1) for any person—

(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce;...​

"Engaged in the business" is defined at 18 USC 921(a)(21) as follows (emphasis added):
(21) The term “engaged in the business” means—

(A) ...

(B) ...

(C) as applied to a dealer in firearms, as defined in section 921 (a)(11)(A), 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 enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;..
An occasional purchase and sale of a firearm at a profit doesn't make one "engaged in the business." One must do that repetitively in order to be "engaged in the business" and thus unlawfully dealing in firearms without a license.

The difficulty for someone who plans to do that sort of thing is that it's not clear where the line is.

F-111 John said:
...Do you pay capital gains tax on the appreciated value?
Yes. When you sell at a profit, the profit is taxable as capital gains.
 
And worse, the capital gains marginal tax rate for "collectables" is, currently, 28% versus 15% for normal "income". In general, guns make terrible investments, other than for pure use and enjoymnet
 
Theoritically:

If a collector amasses a horde of widgets with the intent to collect; and then at some point in time decides to no longer collect this particular widget and liquidates his collection, it probably would not be considered the business of selling widgets for profit. Where along the line do you have to declare your intention is for profit?
 
Generally: If your upgrading is occasional, as in once every year or two, that has been held to not be in business. If you build up a collection over time and then some years later decide to sell, again, that's not being in any buy/sell business.

And, yup, any capital gain is subject to the tax. That's what makes it difficult to realize a true profit in terms of buying power, since the IRS is unconcerned about the effects of inflation on the buying power of your profit.

Again, generalizing, the folks who've truly profited on firearms are those who bought way back: Old Colts and Winchesters prior to the 1970s, and full-auto prior to the 1986 law.

I recall hockshops in Austin, Texas, back in the 1950s with windows full of Colt SAAs and black powder Navy/Army for $25 to $35. In 1982 a full-auto new Tommy gun was $740 + sales tax. A BAR was around $1,250.
 
Actually might not be that bad of a retirement strategy, see once the ATF discovers your repetitive reselling of weapons without an FFL license, you get free room board, three squares a day, along with a nice and friendly room mate.

:neener:
 
I was more concerned with when I decide to sell the collection off. I mean, if I sell a collection of 80 or 100 guns in one short time period (which I'd accumulated over 15 or 30 years), using today's laws, where would that place me? I say today's laws, because I realize things can change between now and the year 2030 or whenever I sell my collection to buy my yacht or mountain cabin or whatever. :)

And... You have to pay capitol gains?!!! That's annoying.

Since I opted out of renewing my FFL in 2009, I haven't sold much. One here. A trade there. I've sold 6 guns since 2009 - having waited almost two years after my FFL before selling ANYTHING. I've bought 4 guns. Since '09, any gun sales I make are to gather money for upgrades (out of the old.. in with the new).

I'm still sitting on a LOT of firearms though, all of the unsold inventory from my shop went "To Personal" on the books I turned in. If I decided to sell a large(ish) quantity of firearms, is there any set limit?

The relevant reason I ask, is there's some (rather) expensive guns that I'd like to buy for my personal collection and enjoyment, but would need to sell quite a lot (quantity wise) to get the money together for them.

I'd rather NOT go through the hassle of an FFL to do this - don't think I'd even qualify for it given I don't plan on making a livelihood out of selling guns (not again, was a pain in the ass, and I didn't make much money at all.. certainly not enough to live off of).

So, if I were to sell, say, between 30 and 40 firearms within a year's time to fund those other FEW firearms I want in my collection... what's the ramifications?
 
If you know what people will want you will do ok- XDs, M&Ps, Glocks... not so much...

I just wish it had taken another decade for folk to catch onto the older S&Ws... It sure was nice for a while when they were singularly focused on the Colts..
 
Not sure about investment but some do make good trade items later as the value increases, but for the most part it's hard to get what you originally paid especially if buying new.
 
The only things I see go up, usually, are short-run imports. But only AFTER the imports dry up (and you never really know how long those will run).

Sometimes, less often, the opposite happens though. The Yugo M76 started out at what, 1800? 1900? Now it goes for about a grand?

Wish I had a pile of Garands, M1 Carbines, SKS's, etc from when they were dirt cheap.

Even those $90 Mosin Nagants will go for a lot more... someday. I remember when I was buying them by the gross for $48 ... selling them for $69 like popcorn at gun shows. Same with the Romanian AK's, I remember ordering them wholesale for $275. Of course, at the time, they were selling for $300-325. So there wasn't much money in them.

Now? Yeah, if I'd held on to them a few years I could turn some money.

That's one of the things that always irritated me, massively, about the gun business. Such astonishingly LOW margins.

One way around capitol gains, on collectors stuff.. (I think, would have to double check with my accountant), would be to incorporate (S corp or LLC) and sell them through the company. Then it just becomes normal income tax on a schedule K. But, I'd need to have an FFL to sell as a company (again). Even so, depending on how things go, it might be worth the money to file the articles of incorporation and pay the FFL fees for a year or two, to reduce the tax bill.
 
The ONLY guns I see being a worthy investment at some later date would be transferable machineguns and nothing else, period.
 
Regarding the capital gains tax:

When you die still owning the items, your heirs get a "stepped up basis" to the fair market value at the date of death. If they sell soon afterwards, there's no gain and therefore no tax.

Therefore, if you're sitting on guns that have a huge appreciation (such as machine guns), and you don't need the money, keep them. Your heirs will get a windfall.

(BTW, this won't work if the items are held in a trust. The trust is the "owner" (and not you), there is no "death," and therefore no "stepped up basis." I know the popularity of "NFA trusts," but they do have certain traps for the unwary.)
 
Some guns increase in value. My AK-47s, SKS, 1911... others.. have increased in value anywhere from 20% to 100% in just over three or four years. But to actually make serious money on these, I would have to have thousands of them! By contrast, I bought an ounce of gold in 2001. It has appreciated more than all of my guns combined.

I would think that MOST guns are not an investment, and if they simply hold their value then they are doing well.
 
Trent, from what I've read of BATFE thinking, selling one's personal collection is not considered to be a business--whether piecemeal sales or all in a short time.

They get excited if one takes trades and then resells the trades at a profit. Profit is as much of a consideration as the buying/selling in defining "business". IOW, if you sell a collectible and take a trade in lieu of part of the cash and then sell the trade-in at no profit, it's not a business sale as they have interpreted it.
 
Art -

So if the guns appreciate in value significantly?

Let's provide an example to work off of. (Not real life example, just a hypothetical one)

To start with, say over the next 10 years, I buy a quantity of each type of "surplus" import & collectible firearms that's created. I use those, since those tend to appreciate over time, once the "import run" is through and supply dries up. Basically, a demand has been created, but there is a finite supply (the recipe for appreciating value).

Say, I buy a batch of Mosin Nagants (hand selecting what I want to keep and selling the remainder at cost - not profit), 1 each of the "belt fed" semiautos (MG34, RPD, 1919, MG53, etc. One each of rifle for those such as Suomi, Yugo M76, etc. One or two each of the AK variants. And so on. And this continues over a long time span. Sometimes buying an extra two or three rifles so I can pick the "best" quality and sell the rest at no profit.

With each, after the import run dries out, prices will climb. We've seen this with everything, almost across the board - just takes TIME. (Lots, and lots of time, yes, but I'm patient).

Then I turn XX years old, decide I'm going to retire. I sell the collection.

At any point in time during this have I violated BATF rules?

Reason I ask, in particular, is I'm not against buying 3-5 of a type of import firearm to get one or two "keepers". Did it with mosin nagants (had an FFL at the time) - ordered about 60 of the buggers in and I went through every last one of them to decide which one I wanted to add to my "personal" collection. Sold the rest at profit (had an FFL at the time).

If I do the SAME now, perhaps in less quantity, of course, but I do not sell them for profit (break even)... where does that place me?

I guess the intention here is - I'd be buying firearms with the SOLE intention of keeping them in my collection for the purposes of increasing value, and SOMEDAY selling them for profit. But does that place me on the wrong side of a "business" or is this just considered a natural, and normal, byproduct of "collecting"?

Thanks
 
Years ago some folks invested in antique or classic firearms during the 1930's, 40' and 50's and forward. Now some of those collections are coming up on auction blocks.

One auction in particular will be held over two days in October. At present they have consignments worth some 15 to 20 million dollars! An additional number of lots valued at 2 million dollars is expected!

Also another smaller auction house in the neighborhood is going to preceed the one above with something like yet another 2 million worth of lots.

Clearly it is foolish to think that gun collections could ever have any exceptional value.

Sure...... :evil:
 
Trent said:
...At any point in time during this have I violated BATF rules?...
Let me suggest that the more important question is: Will BATF think it can convince a court that I violated the law?

I quoted the law, and it's a little vague as applied to your hypothetical. You have some good arguments that, based on your hypothetical, you are within the law and don't need a license to do what you described in the hypothetical. But there are still four wild cards:

  1. Are things really going to work out exactly as you described? It's hard to predict or control the future, and changed facts can sometimes have some legal significance.

  2. Might BATF pursue enforcement against you? You might win, but that could cost a lot of aggravation and money. Is the possible downside sufficiently remote, or is the possible upside (profit) sufficiently great, to warrant the risk?

  3. While the statute as applied to your plan may be vague, are there some judicial decisions that might help clarify matters one way or another?

  4. Could changes in the law affect your investment model one way or another? If so, what might be the likelihood of such changes?
Back in the days I was still working for a living, if I was helping a client analyze a business plan in the context of possible regulatory issues, those were the types of things we'd work through.
 
Old Fuff said:
...another smaller auction house in the neighborhood is going to preceed the one above with something like yet another 2 million worth of lots.

Clearly it is foolish to think that gun collections could ever have any exceptional value...
No, what's foolish is to think that every gun collection will appreciate significantly and bring a lot of money when it's time to liquidate.
 
No, what's foolish is to think that every gun collection will appreciate significantly and bring a lot of money when it's time to liquidate.

PARTY POOPER!

But of course you're right.

However I believe that one who takes time to learn the basics, can over time put a collection together that they enjoy and even learn from; and then ultimately sell and get their money back with at least some profit. There are other things that may get you a better return, but they aren't anyway near as fun.

Part of the reason the prices on some pieces have skyrocketed is because collectors are now being joined by investors that have been put off by the returns some other traditional investments are offering - like a bank saving account. :banghead:

I can remember when one could buy a Colt Dragoon in very nice condition, cased with all of the accessories (powder flask, bullet mold, nipple wrench, percussion caps, extra small parts, etc) for between $300 to $400. What might that go for now?
 
what state do you live in ? how gun friendley are they ? do you have to have your guns registrated ? can you buy and sell with cash ? are we talking $50,000 or $500,000, , I live in WI, and I see old timers at the gun shows all the time with 3 or 4 guns for sale just walking around , there not getting a table or booth and there not asking stuped money eather (most of the time) and here that is well with in the law, I bought an old rem 141 pump in .32 rem for $340.00 a few years back and it shoots great ,I know I could get my money back out of it plus what I got in ammo and reload equiptment, but I'm only 42 years old. so I'm going to just keep buying and not selling anything right now , it is hard to lose money on guns as long as your not buying new , useing them and then trying to sell them a year later. everything I have got over the last 20 years is worth more than I paid for them. in 20 years from now if I sell one every 2 month (6 a year ) that alone will cover my gas, electric and food, better that money in the bank because you can have fun with your guns or even just have them to look at , a few years back I bought 31acr of woodland for $56,000 and then aded another 10 to that for $20,000 so for $76,000 I got 41arc of woodland that I hunt on here in Wisconsin , it's now worth $119,800 so that's about $43,000 in 4 years yep more than guns , but I cant sell it off 10 feet here or 5 feet there , and if things go bad and bills stack up a lean can be put on my land but not my guns ! so I would not put all my money in guns , but I would put alot of it there , where else can you put your money and have fun with it and at least break even ! you can lose on cars , land and all sorts of other things , and as for glod ? well what fun is that iI just sold some and bought an K8-mag 25WSSM and that one I may lose on, it was new and now it not , but what fun !!! oh and don't forget you can also sell them to your kids , grandkids ect... keeping them in the family , you get your money back they don't have to wait for the will to be read , I bought most of my grandfathers guns , I paid him blue book , guns stayed in the family and gramp got some cash ,

dont put all your eggs in one basket !!!!!!!
 
One thing which is more or less certain, is guns will AT LEAST keep pace with the dollar.

For a point of comparison, the stocks I own, this year, have really been in the dump. I'm down about 5 grand overall. They "may" come back up, they may not. (Yes, they are dividend bearing, so I still have some income from them, but all that really does is keep pace with inflation; about 4% a year). Interest rates on bonds and CD's are in the crapper. Even high-end corporate bonds suck (for lack of a better term).

Guns - and ammunition - meanwhile will tend to at the very LEAST keep pace with our economy. As costs of metals, labor, and so on go up, so will guns.

Imports and limited-run firearms, to ME, have shown a much higher than normal return IF factored in over a long period of time - say, 5, 10, or 15 years. Look at the prices of SKS's, M1 Carbines, M1 Garands, Springfield '03's, Enfields, and EVERY other import or surplus item that where supply has since CEASED. ALL of them have gone up in value (at least, all that I can find).

I'm too late on K98's, M1's, and so on. But there's ALWAYS some odd thing getting built and sold (MG-34's, Suomi's, and so on). So I've been buying them while supplies are available, hedging on the fact that when supplies are NO LONGER available (which may be 1 month, 1 year, or 10 years for all I know), the prices will start to climb as supply is gone.

Semi-auto MG53's and PK's are a prime example. Those were out for a little while, the company which was assembling them ran out of kits, and supply is gone. I'm looking for them, can't FIND them. At this point, and at all points in the future, it is highly likely that those rifles will FOREVER be in a "seller's market".

(Same holds true for original H&K gear; G3's, and so on. They COULD Have followed the FNH model and built a factory here to continue operations, but opted NOT to, resulting in a cut of the SUPPLY of those firearms. Since then, prices have gone way up.)

The advantage is, unlike my stocks and bonds, I can run ammo through these if I feel the whim. ;-)

The downside is finding buyers if & when I sell.

The BIGGER downside is if there are ever any laws passed with limits imposed on the # I can sell without an FFL, or something preventing me from selling them AT ALL (a more stringent AWB.) In that case, they become family heirlooms, and I know I have enough guns to arm the next 4 or 5 generations of my descendants. (If it gets to that point, I'm sure there will be a use for them other than for collectible value, but that's another topic altogether).

Now, I might be WAY wrong and lose money by a depreciated value. But if I am, I'll have a bunch o' guns, so that's not all bad anyway. It's certainly a more pleasant outcome than if I lose money on the stock market, because once THAT is lost, it's gone for good, vanishes, without anything to show for it. With guns, I still have the PHYSICAL item, and I can use it. ;-)

(I am also trying to justify having such a large collection to my wife. We have the money to spend, but she groans every time I buy a new gun. I tell her "at least it's more useful than a coin collection" - which was my grandfather's pursuit and passion...)
 
I have been collecting guns for 35 years. A few guns really appreciated in value. After you factor in inflation I have lost money. But I didn't buy the guns to resell them. I bought them because I wanted them. If you have money you will blow any way buying guns isn't a bad investment. When I first started training horses several of my clients would tip me in firearms. They knew any 23 year old with my lifestyle would just blow cash money.

Any sure fire plan to make a profit off guns without an FFL and running a business is illegal.
 
My dad bought a new Gold Cup in 1979 for $279-
Inflation for 2012 would make that $881.88
A new Gold Cup today $1050-1200
Collector value today of a 98% 70 series Gold Cup with Box n papers.. $ fill in blank
Shooter value of a used 85-90% 70 series no box.. $ fill in blank

These are some facts, no spin- You decide
 
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