Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Selling firearms

Discussion in 'Legal' started by evalero2, Nov 20, 2012.

Thread Status:
Not open for further replies.
  1. evalero2

    evalero2 Member

    Joined:
    Nov 19, 2012
    Messages:
    9
    I generally consider myself up to snuff with firearms laws, but there are a few details that pop up now and then which this forum will hopefully help me answer.

    I know I can sell a gun I no longer want privately. I also know that, in order to "deal" firearms, I need a license.

    At what point do you cross the line from selling a gun or two to illegally dealing firearms? Is there a limit on the number you can sell(similar to cars)?
     
  2. Jon_Snow

    Jon_Snow Member

    Joined:
    Aug 5, 2008
    Messages:
    467
    Location:
    Bay Area, Ca
    There's no hard and fast rule. You aren't allowed to be "engaged in the business of" selling firearms. What someone would need to prove that you're doing that is up for debate. I would assume quanity, how long you own the guns before selling them, whether you fire them, etc all might matter.
     
  3. evalero2

    evalero2 Member

    Joined:
    Nov 19, 2012
    Messages:
    9
    Wow

    I can't stand how ambiguous some firearms laws are.
     
  4. mr.scott

    mr.scott Member

    Joined:
    Jun 4, 2008
    Messages:
    353
    I've always been under the impression that selling more than 2 a month would be "dealing"
    But even 1 gun could land you in the pokey if they can prove you bought and sold it to make a profit. It happens a lot, even here. We've all been low balled when trying to sell a gun here. I've seen posters buy and sell with in a day or 2.
     
  5. smalls

    smalls Member

    Joined:
    Feb 8, 2011
    Messages:
    2,433
    Location:
    Macomb County, MI
    Not true. The ATF has a definition of being in the business, and it is located on page 7 of this: http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
     
  6. evalero2

    evalero2 Member

    Joined:
    Nov 19, 2012
    Messages:
    9
    Thanks for the link Smalls. Still pretty ambiguous, but its written to protect the average owner from being portrayed as a dealer.
     
  7. smalls

    smalls Member

    Joined:
    Feb 8, 2011
    Messages:
    2,433
    Location:
    Macomb County, MI
    Basically: are you making a living, or paying your bills by selling guns? Or are you buying and selling a few here and there?
     
  8. Art Eatman

    Art Eatman Administrator Staff Member

    Joined:
    Dec 22, 2002
    Messages:
    42,972
    Location:
    Terlingua, TX; Thomasville,GA
    Selling all or part of a collection ("collection" as in "many"; not necessarily a large number of collectibles) of firearms which have been owned for notably longer than a few days or weeks is not considered as being in the business. Profit is irrelevant; it's the short-term ownership and resale which is pertinent.

    Getting rid of safe queens is not seen as being in the business of dealing in firearms.
     
  9. wv109323

    wv109323 Member

    Joined:
    Apr 21, 2009
    Messages:
    59
    Location:
    Lenore , WV
    You know you have crossed the line when the Feds show up with warrants. The definition Of" engaging in the business" is not clearly defined.
     
  10. smalls

    smalls Member

    Joined:
    Feb 8, 2011
    Messages:
    2,433
    Location:
    Macomb County, MI
    Art, I agree with your post.

    But, there is nothing wrong with buying a gun, shooting it, and deciding to sell it the next day.

    Or, buying someone else's collection (because you got a better price buying them all), then selling off the ones you don't care for.

    Now, buying ten guns and selling all of them the next day, that looks suspicious.
     
  11. BK

    BK Member

    Joined:
    Dec 27, 2002
    Messages:
    588
    Location:
    Blood of the Apache
    Sure it is.
     
  12. Twiki357

    Twiki357 Member

    Joined:
    Jan 26, 2011
    Messages:
    1,861
    Location:
    Prescott Valley, AZ
    To expand on this subject. I keep wondering how ATF (Or local law enforcement) would even know if a person were illegally dealing in firearms, other tham maybe a non-FFL pawn broker or some other type of business. If a non-FFL individual is dealing through private sales in FTF and/or gun shows there would not be any records to tip them off, with the exception of a few states like CA or if some of bloomburgs thugs were following you around. And if the person has an FFL in wouldn't be illegal.
     
  13. MedWheeler

    MedWheeler Member

    Joined:
    Jun 14, 2008
    Messages:
    4,904
    Location:
    SouthEastern FL
    In reading the section quoted in post 11, I see no confusion.
     
  14. oneounceload

    oneounceload member

    Joined:
    Apr 24, 2008
    Messages:
    15,710
    Location:
    Hot and Humid FL
    They attend gun shows looking for folks - if they start to see you repetitively at the same gun shows with tables full of new Glocks that you say are from your private collection, you will arouse their suspicion and interest
     
  15. aka108

    aka108 Member

    Joined:
    Aug 26, 2006
    Messages:
    1,988
    Location:
    Tallahassee, FL
    I really don't want the buyer of any guns I sell to know me nor do I want to know who the buyer is. I always sell a firearm through a dealer. It costs me 15% to do so but at least I can pretty much know the buyer has been checked out and many own a firearm legally. The dealer generally gets a higher price for the arm than I could in a private sale so the 15% is most likely a wash.
     
  16. Art Eatman

    Art Eatman Administrator Staff Member

    Joined:
    Dec 22, 2002
    Messages:
    42,972
    Location:
    Terlingua, TX; Thomasville,GA
    The OP's question has been answered and the thread has begun to wander off the path...

    Enuf.
     
Thread Status:
Not open for further replies.

Share This Page