Is it Illegal to privately sell multiple guns over time?

Discussion in 'Legal & Political Archive' started by glockguy, Mar 11, 2011.

  1. glockguy

    glockguy
    WesTac Holsters OR
    Well-Known Member

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    So I got into a discussion with a co-worker about my selling and buying guns on this site. He insists that its illegal for me to sell as many guns as i have and that if the ATF were to find out i would be in deep do do... and that if i wanna sell more then a few guns i need to get my FFL... is this true?
     
  2. PhysicsGuy

    PhysicsGuy
    Corvallis, OR
    Resident Science Nut

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    Ask him to find the written law :D
     
  3. Nwcid

    Nwcid
    Yakima and N of Spokane
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    +1000 to the above.

    You can legally sell anything you own in a personal collection be it 1 gun or 1000 and not run into a problem.

    If you are "engaged in the business of buying and selling firearms" then you do need an FFL.


    EDIT:

    There is NOTHING in the ATF regulation that says "profit". Even if you sell at a loss and are "engaged in the business" you NEED an FFL. A better way to put it would be to say "you need an FFL to buy and sell guns UNLESS it is for your personal collection".
     
  4. Blitzkrieg

    Blitzkrieg
    WA
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    Many here have more experience in this than I but here's what I understand

    Only if they can prove you are actually "engaged in the business of buying/selling firearms for profit".

    Selling your collection off is not being in business. Now a case can be made if you are buying and selling enough guns on an ongoing basis, for profit

    Then again the BATF does not really need any reason to go as far as wreck your life and even murder your family and pets
     
  5. MilesTeg

    MilesTeg
    Troutdale, OR
    Active Member

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    I seem to remember somewhere that if you were selling more than 5 firearms at once that it was engaging in the biz and you needed an FFL. Maybe that was just for gunshows and preventing people from avoiding background checks or something.... That might be what you are thinking of.
     
  6. Colt Carbine

    Colt Carbine
    Oregon
    Gears-N-Guns

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    If your friend is correct then there are a lot of people in deep fecal matter. Ask your buddy if owning a machine gun or suppressor is legal. I bet I already know his answer.
     
  7. deadeye

    deadeye
    Albany,OR.
    Moderator Staff Member

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    I thought that was 25 at one time.
     
  8. PhysicsGuy

    PhysicsGuy
    Corvallis, OR
    Resident Science Nut

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    The only law out there regarding a number of firearms for sale is more than 25 firearms for sale at one physical location is considered a gun show.
     
  9. jvbutter

    jvbutter
    LIL West of PDX
    Active Member

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    ditto....
     
  10. wired

    wired
    Yakima
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    You are not engaging in the business . You are not a dealer. Engaging in the business is buying for resale. Collecting and shooting guns is not engaging in the business. Sell all you want when you want and if anyone says otherwise have them show you the appropriate US code saying you cannot. They will not be able to.
     
  11. bcp

    bcp
    SW WA
    Member

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    See paragraph C

    From
    Electronic Code of Federal Regulations:

    Engaged in the business —(a) Manufacturer of firearms. A person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured;

    (b) Manufacturer of ammunition. A person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;

    (c) Dealer in firearms other than a gunsmith or a pawnbroker. 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 a 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;
     

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