Discussion in 'Legal' started by Texas10mm, Jul 3, 2018.
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.”
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.
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.
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.
Separate names with a comma.