Re: polytech m14
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Mica</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KChen986</div><div class="ubbcode-body">Careful, I believe buying a gun to sell is against the law, unless you're an FFL. </div></div>
My wife made me sell it! honestly! Guess next time Ill get permission before I buy a gun! lol. </div></div>
To clarify:
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> An isolated transaction, while not in itself a business, is, nevertheless, evidence to be considered in determining whether the seller is engaged in a business. Bush v. United States, 218 F.2d 223 (10th Cir. 1954); Supreme Malt Products Co. v. United States, 153 F.2d 5 (1st Cir. 1946). * * * the fact that the guns were sold in two separate installments to two different people, is ample evidence to support a finding that appellants were ‘engaged in the business of selling firearms' and were to that extent dealers under § 901(5).”
1 There appears to be little doubt that “dealer” means anyone who is engaged in any business of selling firearms, and that “business” is that which occupies time, attention and labor for the purpose of livelihood or profit. Stone v. District of Columbia, 91 U.S. App.D.C. 140, 198 F.2d 601, 603 (1952).
<span style="text-decoration: underline"><span style="font-style: italic"><span style="font-weight: bold">U.S. v. Gross 451 F.2d 1355 (7th Cir.</span> 19</span>71)</span>
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I also read another case where profit motive was not dispositive of the illegal act of 'selling guns for the purpose of livelihood of profit.'
Other jurisdictions hold that it is okay to purchase one or two guns with the intent of selling it.
Test being:
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">a person is engaged in the business of dealing in firearms if he has guns on hand or is ready and able to procure them and sell them to such persons as might accept them as customers
United States v. Wilkening, 485 F.2d 234, 235 (8th Cir. 1973)</div></div>
In addition:
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">18 USC 921(a)(22) The term "with the principal
objective of livelihood and profit"
<span style="font-weight: bold">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,<span style="text-decoration: underline"> such as improving or liquidating a personal firearms collection: </span></span>
Provided, That proof of profit shall not
be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for
criminal purposes or terrorism</div></div>
As you see above the "improving or liquidating a personal firearms collection" seems like an exception to the 'illegal dealer' provision.
Just be careful and don't do it too often.
