Question regarding ffl...

[ZX9RCAM]

So, the individual that sold me my Elmer Keith Mod. 29 & told me he was buying & selling for his retirement better have an FFL, lol......

 

[okie556]

I understand all the explanations and not arguing any of them but there seems to be a lot of gray area here. Let's say I see a gun that I know I can make a $100 bucks profit. I buy and sure enough I sell a week or a month later to a qualified buyer. What makes this any worse than the guys walking around the gun shows selling 3 or 4 out of their back pack or even worse the table with sign "PRIVATE COLLECTION"? I know the key word is INTENT but how the hell do the feds know I bought intending to sell and the other examples I gave didn't?

 

[Renegade]

I understand all the explanations and not arguing any of them but there seems to be a lot of gray area here.

No there isn't really.

It is pretty obvious who is in the business and who is not.

 

[okie556]

No there isn't really.

It is pretty obvious who is in the business and who is not.

Your right. It's pretty obvious the guy renting a table at the gun show is more likely in business than one guy buying a gun to sell and make a $100 bucks.

 

[Renegade]

Your right. It's pretty obvious the guy renting a table at the gun show is more likely in business than one guy buying a gun to sell and make a $100 bucks.

Especially if the guy is at that table every show for the past 5 years, and his inventory keeps changing!

 

[okie556]

Especially if the guy is at that table every show for the past 5 years, and his inventory keeps changing!

+1 on that. Just me but I would never set up a table at a gun show in this day and time without an FFL and I never take more than one gun to sell or trade to a show. Again.....just me.

 

[okie556]

You should really Google "BATFE FAQ"

What am I missing here? Where is the part about INTENT TO RESELL? All I found was this.

Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

 

[Renegade]

What am I missing here? Where is the part about INTENT TO RESELL? All I found was this.

No such thing exists.

As I already stated, it is about "engaged in the business".

a person who devotes time, attention, and labor to
dealing in firearms as a regular course of trade or business with
the principal objective of livelihood and profit through the
repetitive purchase and resale of firearms, but such term shall not
include a person who makes occasional sales, exchanges, or purchases
of firearms for the enhancement of a personal collection or for a
hobby, or who sells all or part of his personal collection of
firearms;

 

[okie556]

No such thing exists.

As I already stated, it is about "engaged in the business".

a person who devotes time, attention, and labor to
dealing in firearms as a regular course of trade or business with
the principal objective of livelihood and profit through the
repetitive purchase and resale of firearms, but such term shall not
include a person who makes occasional sales, exchanges, or purchases
of firearms for the enhancement of a personal collection or for a
hobby, or who sells all or part of his personal collection of
firearms;

Thanks Renegade! Finally something thats makes since.