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Discussion in 'Legal & Political Archive' started by Nightcrawler, Feb 10, 2013.
Virginia woman admits buying 31 handguns in two weeks - U.S. News
From the description of this very brief article, it sounds like she was a straw buyer.
I just wish I had the cash to buy that many guns that quick.:gun12::gun21:
If you are simply buying guns to resell then it's not a "straw purchase".
To be a straw purchase the person has to be buying the gun for someone else. The criminal would give you the money, then you buy the gun for them. Just because she bought numerous guns for sale at a profit later isn't sufficient to prove a "straw buyer".
I can buy as many guns as I want and sell them later as long as I was buying them for me in the first place. If someone pays you to buy a gun for them, and you do and lie on the federal forms, then it's a straw purchase.
True about the straw purchases, but if she was purchasing the firearms for the sole purpose of turning profit then she would need an FFL. Thats where they would get her...
Did she buy them with the intent to profit from the sale of said firearms? Yes. Criminal? Yes.
I wondered when some of the profiteers were going to get noticed.
Not to mention that, if you purchased the gun at a retailer and filled out the paperwork, there is a question you answer about the firearm being for your own use. Turning around and reselling it for a profit right away kind of proves you lied. The problem is she got greedy.
What she did might be illegal (trading in guns for profit without an FFL).
What she did SHOULD not be illegal (buying and selling guns for fun or for profit).
This is not a new thing, ATF has been charging people like this for years.
Anyone know the quantity/duration limits that cross the line of legality?
Buying a single firearm with the intent to resell for profit violates the law, unless you are an FFL.
There are no specific ones. If I owned 1000 guns and sold them all tomorrow that is 100% legal since it is from my "collection".
In theory if I bought one gun with the intent to flip I could need an FFL.
The general phrase used to determine if you need an FFL is; "engaged in the business of buying and selling firearms". So basically if you buy and in a way that makes it look like you are conducting business you could be charged. Most people like to quote "for profit" but profit has NOTHING to do with it. The majority of guns I buy I intend to break even or make a profit on IF I decide to sell and there is nothing illegal about it.
That seems like a silly mistake. Probably just wasn't thinking.. that or greed set in.
Unless you intend to support yourself by means of selling firearms then no, you do not need an FFL. I can go to the store tomorrow, buy a gun, walk out the door and sell it. No FFL needed. I purchased the firearm for myself to sell, and the income generated from that firearm is not anywhere near sufficient to support myself.
As Nwcid said, profit doesn't really play into the equation as much as the business like enterprise does.