Several C&R questions

One at a time, here is the first hypothetical question:
You are a C&R ffl holder in a region with no restrictive state or local laws. Can you legally sell one of your rifles obtained using your C&R ffl to a non licensee in your state?

 

You certainly may in Virginia.

 

Thank you

 

Just a clarification: It doesn't matter how you acquired the rifle, if it's C&R eligible and you sell, gift, or otherwise dispose of it while you have an active C&R FFL, it must be recorded as a disposition in your bound book along with all required information. The reason I state this is that it doesn't matter how the gun was acquired. For example, if you acquire a C&R-eligible gun from a local shop that won't accept a C&R FFL (which isn't most of them), you must log it in your bound book as an acquisition. If you acquired it prior to having a C&R, it doesn't need to be logged in, but must be logged out as a disposition when you get rid of it.

Matt

 

Just remember that the intent for the C&R is for collecting; You can 'stringer sort' guns, that is buy a fair condition M1903, then sell it to buy a better condition one. But if you buy 10 M1903's at once and sell nine of them, the ATF might take exception to that.

 

It's my understanding that you can do exactly that. You can buy several C&R eligible firearms, keep the "best" one, and sell the rest to pay for the one you kept. That's enhancing the collection. What you can't do is buy several firearms and sell them to make a profit. But, IANAL......

 

That's my understanding also. If you bought 10 1903s and sold all of them in short order it would raise some eyebrows at the ATF. Unless they all sucked. Then document the fact that they all sucked.

Profit, though, isn't a primary issue unless you appear to be using it as a source of income or running it as a business. If I listed any of my C&R guns at the current market value, I'd make a pretty nice profit from them.

Matt

 

And therein lies the problem with BATFE interpretation of the rules. What is OK one day might not be the next day, or what is OK to one agent might not be to another. Just be careful in disposing of items from your collection. I wish we had some hard & fast rules, but then if we did, we might wish for otherwise.

 

I think they might be able to make a case on this.
Let's say you bought 10 rifles for $1000.00, you keep the best one and sell the remaining 9 for $111.11 each, recouping your $1000.
Haven't you intentionally bought and resold at a profit, thereby acting like a dealer?

 

The well meaning folks on this forum may not be Bottom Feeders/Lawyers. Call your area BATFE office and get their answer. Ask them to follow up with a letter. Federal firearms violation are expensive and painful.

 

I'm sure Frank or Spats will be along shortly.......

 

Do not ask for clarification letters. There is plenty of information out there already. 100 clarification letters can say the same thing but that 101st letter can have a change in opinion (like the Sig Brace) and you've ruined it for everybody. If you search through old threads in the legal section there are dozens and the wording of the law I believe states you are in the act of being a dealer if you buy and sell firearms for livelihood and profit.