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selling guns on the inet for others-legal?

Discussion in 'Uncategorized Threads' started by skeet_man, Oct 6, 2007.

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  1. skeet_man

    skeet_man Well-Known Member

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    Would it be legal for me to sell guns on the internet for people at my gun club who either don't have the time or don't have internet access to list them on sites such as gunbroker, for profit, even though I don't have an FFL? I have an email into the atf, but thought someone on here could point me to applicable info.
     
  2. Gargoyle!

    Gargoyle! TS Member

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    When the gun is sold you tell the person who has the gun that the gun is sold. They and or you and them go down to the gun store and send the gun off THROUGH AN FFL HOLDER. In other words you let the owner of the gun do the paper work. The gun must go to and from a FFL holder. That is the ONLY WAY to do it.
     
  3. DTrykow

    DTrykow Active Member

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    I sold some guns for one of my friends on GunBroker. So long as the transfer is in his name and I ship to the buyers FFL I'm safe. Now getting into whether or not to collect Sales Tax and if you should claim income from the commis on your tax return is the other side to this. Death and Taxes
    Dave T.
     
  4. ricks1

    ricks1 TS Member

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    you are playing with fire best not do it rick
     
  5. oleolliedawg

    oleolliedawg Banned User Banned TS Supporters

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    MIA, why don't you call your local ATF office on Tuesday and have them explain to you what constitutes "trafficing in firearms". Then tell all of us how legal it is to gather your friends firearms, list them on GunBroker, and collect a tidy little profit. Of course, maybe you believe it's fine as long as you send that gun to a real dealer and have him run a transfer.

    I hope no-one believes that bull crap!!
     
  6. oleolliedawg

    oleolliedawg Banned User Banned TS Supporters

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    MIA, not at all angry. Just relaying information gleaned from the last group of Female ATF inspectors who visited my premises. I also know of two individuals, one of whom posts periodically on T.C, who were visited by the ATF and advised to refrain from this activity. They used a figure of 12 guns as a maximum allowed per year by a private individual before they step in and require that person to obtain a license.

    Other ATF officials may review this requirement differently and it seems to be a local interpretation. Bottom line-they decide if your engaged in the business of selling firearms-legally or illegally!!
     
  7. The Rock

    The Rock Active Member

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    Help in selling guns for a friend by "HELPING" out is one thing, making a profit on it is another. That would require me to have a FFL and that I don't have. You can help your friend out but don't touch the money, mailing or do the paper work. I would not let my name be connected with the actual transfer of the gun either. Nor the transfer papers or the shipping. But thats me.

    I have listed guns for people, advertised for a gun that was for sale, taken people to where the gun was at even. But I have never been involved in the transfer of the gun. That would be a commission sale and the Fed's would definitely be interested in having a chat about that.

    After all all gun running is, is helping to get guns from one place to another for profit.

    rock

    Jim
     
  8. MX-10RS

    MX-10RS TS Member

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    Your answer can be found in 18 USC 922(A)(1). Pay particular attention to the definition of "engaged in the business." You don't need to make a profit or even intend to make a profit.
     
  9. The Rock

    The Rock Active Member

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    And if you do help out your way it is illegal (no FFL). The selling or(helping for profit) of firearms without a license.

    Hey it's your life enjoy it the way you want. I wish you all the best.

    Rock

    Jim
     
  10. oleolliedawg

    oleolliedawg Banned User Banned TS Supporters

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    One thing that suprised me at my last visit from the ATF was their lack of internet savy. They actually asked my wife what procedure she used to sell a firearm over a web site. Seems like they're collecting data on this kind of activity.

    The latest newsletter from the ATF deals with conducting internet sales of firearms. What they say is when using a trade name while conducting business the Chief, Federal Licensing Center must be notified within 30 days for approval. Can any non-licensed individuals on this web site comply with that rule?

    Also on the newsletter were the guidlines listed;

    Non-Licensed Residents of this state;

    *May acquire longguns or handguns from FFLs licensed in this state, provided all provisions of the Brady law are met.

    *May dispose of personal firearms to any FFL

    *May acquire from and dispose of personal firearms to non-licensed residents of the state. However, non-licensed individuals may not be engaged in the business of dealing firearms without a Federal firearms license.

    *Cannot acquire from or dispose of firearms to non-licensed residents of any other State.

    *Cannot ship in interstate commerce, except to themselves or an FFL, a firearm that has otherwise been lawfully acquired; must, when shipping to themselves, declare the firearm to the commercial or contact carrier.

    Is there any part of the above that is difficult to understand??
     
  11. skeet_man

    skeet_man Well-Known Member

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    *May acquire from and dispose of personal firearms to non-licensed residents of the state. However, non-licensed individuals may not be engaged in the business of dealing firarems without a Federal firearms license.

    seems that the only thing thats a gray area is ATFs definition of a "dealer" or "dealing firearms".
     
  12. ricks1

    ricks1 TS Member

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    skeet you best stay away from that remember Ruby Ridge rick
     
  13. oleolliedawg

    oleolliedawg Banned User Banned TS Supporters

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    MIA, be aware that employees must conduct their transactions within a licensed premises. Nothing wrong with telling someone a nice, used Remington just came in and advising them to go check it out. The problem begins when you purchase that firearm, remove it from the licensed premises, and try to sell it on your own for a profit.

    Maybe you should copy your previous statement and forward it to the ATF for their interpretation!!
     
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