How many guns can you sell without an ffl?

[Machi]

machi submitted a new blog post


How Many Guns Can You Sell Without An FFL?

I see this question asked a lot around the internet, and since this site puts a big focus on the buying,selling and trading of firearms it is good information to know. Basically you can buy an unlimited amount of firearms if you so wish. You can also turn around and sell an unlimited amount of firearms as well. How many guns you can buy, sell, or trade without a FFL is a trickier question.

Continue reading the Original Blog Post.

 

[~ZENAS~]

Just because you buy a gun with intent to sell it doesn't automatically make you a dealer for federal law purposes. The law specifically says one can buy and sell guns "for the furtherance of a private collection" and still not be "in the business" of selling firearms. I have bought guns that were sold for much less than they are worth with the sole intent to re-sell them to fund another gun purchase for my collection. The issue isn't is your intent to re-sell, but are you "in the business" of selling firearms. Buy and sell all day long as long as it is for your collection. Once you start funding other things in your everyday life is when it gets sticky.


18 USC 921© says:

• © as applied to a dealer in firearms, as defined in section 921(a)(11)(A) [18 USCS § 921(a)(11)(A)], 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;
  

A person is only a dealer when they do it a regular course of business with the principal objective of providing for their livelihood. You can buy a gun with the intent to sell it for profit and still not be engaged in the business of dealing firearms.

 

[MyWifeSaidYes]

[QUOTE="T.L.Jones]...You can buy a gun with the intent to sell it for profit and still not be engaged in the business of dealing firearms.

[/QUOTE]
Part of that "intent" is going to be how quickly you sell a firearm you have purchased.


In central Ohio, the ATF has agents watching private sellers at gun shows, swapper's days and other venues to see if they turn around and sell guns the same day they were purchased.


The idea is that you didn't intend to add it to your 'personal collection' if you never had a chance to take it home. Firearms purchased on a Saturday? Don't sell them until Sunday.


It sounds petty, but then again, that's our government in action.

 

[~ZENAS~]

Oh I get that the ATF likes to make their own rules, but that doesn't change the law. The law says nothing about "adding" it to your collection, but rather for the "enhancement" of a collection. Selling a gun the same day you buy it can certainly be legal under that definition from the statute itself. Of course, make your own decisions and consult an attorney for legal advice (I don't represent anyone here) but the law does permit the transaction you describe if you take the money from the sale to further your collection.