Looking for info on a old one

Discussion in 'Legal' started by Texas10mm, Jul 3, 2018.

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  1. Texas10mm

    Texas10mm member

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    I have in my memory that a few years/decades back the was a guy who was charged by the BAFTE for selling two rifles in two years. If I'm not mistaken it was two big bore double rifles. It was mentioned in at least one magazine at the time. Might have been the American Rifleman. I get so many gun related gun magazines I can't be sure of which one.

    Thanks.
     
  2. Art Eatman

    Art Eatman Moderator In Memoriam

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    Must have been a problem with the method of sale, rather than the guns themselves. FTF across state lines, for example, where the transfer should have gone through an FFL.
     
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  3. Texas10mm

    Texas10mm member

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    He was charged with dealing without a license.
     
  4. Hunter86004

    Hunter86004 Member

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    Yup, there must be more to the story than him selling two guns in two years.

    ATF Publication 5310.2 January 2016


    What does it mean to be “engaged in the business of dealing in firearms”?
    Under federal law, a person engaged in the business of dealing in firearms is 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.”
    Under federal law, conducting business “with the principal objective of livelihood and profit” means that “the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection.”
    Consistent with this approach, federal law explicitly exempts persons “who make 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.”
     
  5. HankB

    HankB Member

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    If this actually happened, maybe he purchased the rifles and promptly sold them at a profit. If you buy a gun at a gun show, and sell it later that day at the same show, and then do the same thing again, I see how an argument can be made that you're "in the business." The money involved might be significant, considering what some big bore double rifles are going for these days.

    But we're all just in the realm of speculation now, and we don't know if the prosecution actually happened. Need more information.
     
  6. Spats McGee

    Spats McGee Moderator Staff Member

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    If it was years or decades ago, please give us all the information you remember. You say he was charged. Was he convicted? Any idea if he appealed? Where was he? The more info we have, the better the chances we can dig this up.
     
  7. Texas10mm

    Texas10mm member

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    If my memory is correct it was in a discussion about how many firearms you can sell before you're "engaged in the business". The writer told of a person who was charged by the BATFE for dealing without a license for selling two rifles in two years. If I'm correct the two rifles were both double rifles. I've tried to find info on this but am running into information overload.

    It was in a column in a national firearms magazine. It might well have been in American Rifleman.

    I do know there was a bit of discussion about it at the time. Whether it was on gun forums or gun bulletin boards I'm not sure, but think it was on forums. If I had to put a time frame on it I'd say 5-10 years ago.
     
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