Court ruling on GCA definition question

Discussion in 'Legal & Political Archive' started by gearheadbill, Nov 15, 2012.

  1. gearheadbill

    gearheadbill
    Everett area
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    Reviewing some FFL paperwork and had a question about the definition of "dealer" as defined in (18 U.S.C.921(a)(21)(C) versus "non-dealer".

    Has there been any court rendered definition of what a 'person who makes occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection or hobby......" actually is. In the above referenced GCA statute a dealer is well defined. What does "occassional" mean legally?
     
  2. gearheadbill

    gearheadbill
    Everett area
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    nobody knows?
     
  3. Nwcid

    Nwcid
    Yakima and N of Spokane
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    There is no set number.

    If you buy one gun with the intent to "flip" it in theory that could be said to be "engaged in the business of buying and selling firearms". This legally would require an FFL.

    If you have a collection of 1000 firearms and decide to liquidate them in theory you do not need a FFL.
     
  4. gearheadbill

    gearheadbill
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    Thanks. Seems like another instance whereby ATF, TSA, Homeland Security, IRS, EPA ad nauseum agents can do whatever they want to make life miserable for an individual if they want to.

    I have no intention of finding out personally. Just wondering.
     
  5. Nwcid

    Nwcid
    Yakima and N of Spokane
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    Yes there might be the rare case where someone who is in the right might have some troubles. The simple answer is if you are not looking like a dealer by buying and selling like one you should not have any issues.

    There is no way to put a set number on a topic like that. Say they decided that selling 25 guns per year means you needed a license. Well say you have 100 guns in your collection and you need to sell 30 of them in a hurry for medical bills. Then you would need an FFL. As it stands now you can sell any or all of your collection without a license at any time.
     
  6. fd15k

    fd15k
    Tigard,OR
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    ATF is granted a wide authority to make opinions about NFA, CGA, etc, but they still can't do whatever they want. Just a few months ago DOJ gave ATF a kick in the butt for overly broad interpretation of prohibitions for non-residents aliens.
     
  7. Swedish K

    Swedish K
    SW Washington
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    IIRC about 15 years ago ATF went after the FBI and a manufacturer for failing to file destructive device transfers and transferring them across state lines without filing the 5320.20. Obviously thee is no love lost between the agencies.
     
  8. fd15k

    fd15k
    Tigard,OR
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    Well, I would expect DoD to follow proper customs rules for importing weaponry as well.
     
  9. Grunwald

    Grunwald
    Out of that nut job colony of Seattle, WA
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    How about exporting firearms?
    What form does Holder fill out to export a few thousand firearms and sell them to an organized crime syndicate?
     
  10. RVTECH

    RVTECH
    LaPine
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    Criminals have no regard for the law or the proper paperwork regarding such. Kind if like someone who poaches and has a hunting license.
     
  11. gearheadbill

    gearheadbill
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    Thanks. Good to know.
     

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