Re: How many guns can a person sell before red flags??
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: BobinNC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jasonk</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Poke</div><div class="ubbcode-body">and its sorta not leagal to buy a weapon for the sole purpose of resale unless your an FFL</div></div>
You are correct.
Our 4473s are yellow now....are yours still white?
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That is so not correct. Read the law, not your interpretation of the law.
You can buy one rifle, shotgun or handgun, and sell it next week, and make a hefty profit on it. You can do so because you are not in business to buy and sell firearms.
And one transaction does not mean you are conducting a business. Now buy ten or twenty firearms today, and try to sell them all at a profit next week, like by renting a booth at a gun show, and you maybe looking at the world through bars of some kind.
On the other hand, if tomorrow, I acquire say twenty pre-64 Model 70's from the Window Tulurn who lives down the block, and she had these guns under her bed (it was a very large bed BTW), that used to belong to late lamented hubby, and I buy them for say $100.a-piece.
And I carefully list them one at a time, on say Gunbroker, or Guns America. And over a say, two year period I sell them all, for a tidy profit of $1k a-piece. Guess what? I'm still not a dealer. I'm still just a collector divesting himself of his collection and do not need an FFL.
I do not need an FFL because: I'm not in business; I do not advertise myself as a business; I have no place of business; I do not display my firearms for sale more than one at a time; I sold them to buyers through an FFL; and I don't rent a booth at a gun show.
Even if I list all the windows guns, after I bought them from her, with a licensed gun auction house (which does have an FFL), and I still can make a tidy profit, and I still don't need an FFL, because all sales where registered through an bona-fide FFL dealer.
What everybody seems to forget is the purpose of having a Federal Firearms License. The purpose is to limit, as well as to record the buying and selling of firearms to the non-bared public.
If you buy firearms through an FFL (so your not buying directly from the public) and/or, sell your firearms through an FFL (and so your not selling directly to the public), then all statutory requirements are being met. And you can make a little money off of it, because you NOT in the business of buying and selling firearms to the public.....
YMMV.....
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Bob,
You are basically doing the same thing, you are giving your interpretation of the law. The fact is, the law is very ambiguous to say the least. The problem is, if you get the attention of the ATF, then you have your work cut out for you proving you are NOT a business. If you give them reasonable cause to believe you are buying and selling firearms for profit (the big key here is intent), then you may be faced with something, and again you may not. But the simple fact of the matter is, there is no definition in the law of an exact amount of firearms you can or cannot sell and be considered a business. Your scenarios may well play out just fine how you laid them out, and again they may not. It is all up to interpretation of the law not only by you, but the ATF agent, and likely their legal department. Do they have a case? If they decide they have a case can you afford to defend yourself?
The OP has basically stated on a public forum that he intends to purchase this firearm and re-sell it for profit. I can say how I would interpret that, but I sure don't know what an ATF agent in his area would think... and neither does anyone else here... I think a lot of the ATF's interpretations relies on intent, oh and what they believe they can prove beyond reasonable doubt.
