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Private Sale: Odessa Shooter

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  • benenglish

    Just Another Boomer
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    7   0   0
    Nov 22, 2011
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    Spring
    The tax conviction is stupid. It doesn't matter if your income is from illegal sources; just declare it and pay your taxes and the IRS will leave you alone. But once he had admitted to conducting a business, the tax angle was unavoidable.
     

    HKaltwasser

    Well-Known
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    8   0   0
    What I learned from this: You're screwed if you sell a gun to someone that does a mass shooting. They will find something to hang on you.....they need something to point a finger at.

    Does anyone recall the source in which connected the buyer and seller? TGT or Armslist? Just wondering if they'll target them next.
     

    oldag

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    Feb 19, 2015
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    One article I read stated he sold ~70 guns in a couple of years. Do that and you will be considered a dealer, and thus expected to have a license.
     

    benenglish

    Just Another Boomer
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    Nov 22, 2011
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    One article I read stated he sold ~70 guns in a couple of years. Do that and you will be considered a dealer, and thus expected to have a license.
    The problem, of course, is that there's no set number. When GCA 68 was passed, the head of the ATF (or whatever the agency was called back then) in Boston announced that anyone who sold more than one gun per year would be ruthlessly prosecuted as an unlicensed dealer. OTOH, we all know some old guys who have shown up at gun shows for years selling old guns "from their personal collection" who are clearly buying and selling more than they legally should. Yet they don't show up on ATF radar because, seriously, who cares who many unserialized Stevens single shot .22s you buy/sell/trade in a year?

    It's the tax angle that got me curious. I've always felt that the definition of "dealer" should hinge not on volume of sales but on percentage of income. I'd be interested to know if the authorities actually believed he was making a living from selling ~70 guns over a couple of years. Maybe, maybe not, but it's certainly something convenient to pin him with when one of his sales goes to a mass shooter.
     

    oldag

    TGT Addict
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    7   0   0
    Feb 19, 2015
    17,430
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    The problem, of course, is that there's no set number. When GCA 68 was passed, the head of the ATF (or whatever the agency was called back then) in Boston announced that anyone who sold more than one gun per year would be ruthlessly prosecuted as an unlicensed dealer. OTOH, we all know some old guys who have shown up at gun shows for years selling old guns "from their personal collection" who are clearly buying and selling more than they legally should. Yet they don't show up on ATF radar because, seriously, who cares who many unserialized Stevens single shot .22s you buy/sell/trade in a year?

    It's the tax angle that got me curious. I've always felt that the definition of "dealer" should hinge not on volume of sales but on percentage of income. I'd be interested to know if the authorities actually believed he was making a living from selling ~70 guns over a couple of years. Maybe, maybe not, but it's certainly something convenient to pin him with when one of his sales goes to a mass shooter.
    Only problem with the percentage of income is that would trip up a retiree who just sold a couple of guns.

    Not an easy way to define, but I agree some guidelines need to be legislated even if imperfect. Err on the high side.
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
    Emeritus - "Texas Proud"
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    2   0   0
    Jul 23, 2011
    21,358
    96
    Little Elm
    He Sold like 4 guns to felons and other PP. Plus he admitted he was in business. He should have listened to his rights, the part about remaining silent.


    Some of these guys who buy and flip guns are asking for it. Especially, I'm convinced, when you buy it and immediately resell/advertised it with within minutes at a higher price or if you bought lots of lowers cheap assembled and resold for a profit. Then doing so multiple times a month. Sometimes you gotta pull your head out and think. Regardless of the agreed unconstitutionality of the issue. This guy shows you dont want to be the test case.

    THE GOOBERMENT HATES GUN FOLK AND ITS NOT GONNA TAKE MUCH CASE LAW TO SET A PRECEDENT IN THESE CASES. Then someone like Obama will direct a crackdown and lots of people will be phucked.
     

    Coop45

    TGT Addict
    Emeritus - "Texas Proud"
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    1   0   0
    Feb 9, 2012
    3,280
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    texas
    I've only done one face to face and there was no trauma except dealing with a sailor. LOL! He did not use even one nautical word. Big let down! LOL!
     
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