Is this a problem legally?

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I have several (7) never fired Winchester Commemoratives that I may decide to sell. If I advertise them all at one time, does this make me a "dealer"? I was told an individual can only sell a certain number of guns at one time legally.
Thanks
 
False.

You are only a dealer if you intend to sell guns as a business.

You can sell off a collection of 1000 guns, but that doesnt make you a dealer. Youre not doing it as a business.
 
pop em on gunbroker, mark it as selling from/as individual, make sure buyer's dealer provides ffl to you and that dealer will accept weapons sale from individual (you), get paid, box and ship to dealer and he can complete transaction with all the necessary background checks etc. :D
 
Besides online sites like Gunbroker, you might want to see if James Julia or Rock Island - two major auction houses) might be interested - yes there is a fee, but they get high prices on collectible guns
 
Any accounts here that can comment on any IRS or tax implications? If you sell them for a profit does it need to be reported?
 
Thanks for the information! And, since I'll be moving to Florida right on the Gulf, I don't want to deal with the rust issue. Again, thanks.
 
Bubbles said:
AFAIK California has a limit on how many handguns a non-FFL may sell (5?) in a year. Not a problem for your long guns.
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There are no private sales of handguns in California - handguns must go through an FFL, except for between very immediate family.

Although on page 37 of:
http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/Cfl2007.pdf?

we do find this:
NOTE: The infrequent sale, lease, or transfer of firearms between individuals - meaning five or
fewer sales per year of any number of handguns or irregular and occasional sales of other firearms
is allowed. However, such sales/transfers must be completed through a dealer licensed pursuant to
Penal Code section 12071.
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So, according to that, in California, you are limited to making five or fewer sales of handguns, through FFLs, but each sale may contain an unlimited number of handguns. Yeah, that makes perfect California sense.
 
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NOTE: The infrequent sale, lease, or transfer of firearms between individuals - meaning five or
fewer sales per year of any number of handguns or irregular and occasional sales of other firearms
is allowed. However, such sales/transfers must be completed through a dealer licensed pursuant to
Penal Code section 12071.
Click to expand...

Actually, I believe this means between the same two people. That way Billy Burglar has to find multiple buyers - like he cares....

It's a pretty convoluted law - not that we haven't seen a lot of those!
 
Teachu2 said:
Actually, I believe this means between the same two people. That way Billy Burglar has to find multiple buyers - like he cares....

It's a pretty convoluted law - not that we haven't seen a lot of those!
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You mean like if I have a split personality and one personality sells a gun to another personality?

I think what it really means is that I can only do five sales of handguns to other people, be it the same person or different persons, in a year through an intermediary FFL before I must apply for a California Dealer's license, which also requires me to apply for an FFL.
 
NavyLCDR said:
You mean like if I have a split personality and one personality sells a gun to another personality?

I think what it really means is that I can only do five sales of handguns to other people, be it the same person or different persons, in a year through an intermediary FFL before I must apply for a California Dealer's license, which also requires me to apply for an FFL.
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I'm only going by what I was told by a California Corrections officer who was selling off a large part of his personal collection. He claimed to have asked the California Attorney General's Office for clarification.

The bad thing about our gun laws in CA is they are so @#$% hard to understand. The good thing about my part of California is that most of the judges agree, so they tend to rule that there was no criminal intent.

And, of course, none of this applies to the OP's question about Winchesters...
 
The CA law does mean five transactions per year. Yes, you can sell 1,000 guns, but only to five different people.
There are a few Sacramento County deputies being investigated over this law.
 
My experience is with selling stock. I don't know if the IRS rules are different for collectibles. To be sure, talk to a CPA.

With stock, the tax rate depends on how long you have held the shares. 15% is the maximum rate on long term capital gains. Long term means you have held them for at least a year. Less than that is treated as ordinary income. The tax is calculated on your profit, not the selling price. If they were a gift or an inheritance, your profit is the difference between the selling price and their value when you acquired them.
 
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