Firearms Section

[JasonK]

Originally Posted by K1SSRSS

Negative, a 4473, the form you fill out to purchase a firearm must be kept for 25 years by the FFL license holder. If that company goes out of business, looses or gives up their license, BATFE then collects all of the forms left in that 25 year time span and holds on to them forever.

Right and what I was mentioning was they want all guns registered, even Bubba selling his collection from the back of his truck in the parking lot of the gun shows or where ever. Gov wants those serial numbers and SSN's to match up.

[kalimus]

Originally Posted by EM1/SS

It's nice that you just told everyone that you committed one felony and will be committing another when you sell the second lower. Buying firearms with the intent to sell them requires a FFL (01 or better). Buying a lower and building it into a complete rifle for resale also requires you to pay the excise tax that wasn't paid on the lower by itself. You should look into the laws before you get yourself in trouble.

Not necessarily.

Originally Posted by 11BEE

Please explain what felony he is committing.

A possible one.


"The term “engaged in the business,” as applicable to a firearms dealer, is defined as 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." (ATF)


Here are the two problems. If you buy a firearm, and resell it with the intent to make a profit, you need an FFL. Not having one makes you an unlicensed dealer, which is a felony.

However, you are allowed to make occasional sales (even if they are for profit), if and only if they are part of your personal collection. Note that the statement talks about personal collection twice; Once for occasional sales relating to the enhancement of a person collection/hobby, and the second time for just selling part of that collection.

Mr. Unassailable - Tread carefully. The policies that require you have an FFL or do not have an FFL are pretty broad. Will you get called out for selling a couple of builds... probably not, because you could argue it's personal collection (blah blah blah). But telling anyone that you bought some lowers to build them into complete rifles in order to turn around and sell them (making ANY profit), is selling without an FFL, and is indeed a felony.



Technicalities are a bi*$%

[Rockin the BlueSS]

its been too long since there were pictures in this thread:




and doesnt she look so evil with her rifle

[11BEE]

Originally Posted by kalimus

Not necessarily.



A possible one.


"The term “engaged in the business,” as applicable to a firearms dealer, is defined as 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." (ATF)


Here are the two problems. If you buy a firearm, and resell it with the intent to make a profit, you need an FFL. Not having one makes you an unlicensed dealer, which is a felony.

However, you are allowed to make occasional sales (even if they are for profit), if and only if they are part of your personal collection. Note that the statement talks about personal collection twice; Once for occasional sales relating to the enhancement of a person collection/hobby, and the second time for just selling part of that collection.

Mr. Unassailable - Tread carefully. The policies that require you have an FFL or do not have an FFL are pretty broad. Will you get called out for selling a couple of builds... probably not, because you could argue it's personal collection (blah blah blah). But telling anyone that you bought some lowers to build them into complete rifles in order to turn around and sell them (making ANY profit), is selling without an FFL, and is indeed a felony.



Technicalities are a bi*$%

Well said. In my reading of this, building one rifle for a friend is probably ok. He is not intending to make a living out of this.

"...as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale"

[kalimus]

Originally Posted by 11BEE

Well said. In my reading of this, building one rifle for a friend is probably ok. He is not intending to make a living out of this.

"...as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale"

I would tend to agree. Personally though, I would stay away from it. Have the friend order all the parts, and then assist them in putting it together. Maybe that would qualify as "gunsmithing", which doesn't require an FFL since he's not selling the firearm

[Globemaster]

These are my next wants just got to come up with the money!

ALIAS CS5-Q, ALIAS CS5-T, and TAC-338

[Mr Twisty]

It looks like the BATF is breaking federal law any time they receive a NICS form... except for certain circumstances.

Federal Law 18 U.S.C. 926:
No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

[kalimus]

Originally Posted by Mr Twisty

It looks like the BATF is breaking federal law any time they receive a NICS form... except for certain circumstances.

By law, all background checks are required to be destroyed after 24 hours in order to comply with FOPA.

[iCandi]

Awesome pics Rockin th BlueSS. How about a cool video too:

http://youtu.be/yd4B77PkeaU

[CHMSC]

Originally Posted by iCandi

Awesome pics Rockin th BlueSS. How about a cool video too:

http://youtu.be/yd4B77PkeaU

She is pretty good

[Dznts]

Originally Posted by iCandi

Awesome pics Rockin th BlueSS. How about a cool video too:

http://youtu.be/yd4B77PkeaU

that is awesome!

[CamaroSkooter]

Originally Posted by GaBoy25

I was flagged by the ATF when I bought TOO many guns within a couple of months.

FINALLY got my FFL the other day.

Already have a NFA Trust for my class 3 goodies.

Originally Posted by GaBoy25

I'm looking to be a sig dealer for sure. Until all this hoopla dies down I'm stuck to buying and selling used guns. (Retail location)

I want all high quality lines colt, lmt ect. So maybe soon lol. After waiting 5 months and finally getting it; well....I don't know what to do

I would like to purchase a Sig Sauer SIG556 Classic SWAT (the rifle in my signature)

If you become a sig dealer, I would like to be your first customer

[Scalded Dog]

Just heard a new one today on the radio: California wants to pioneer, trailblaze, innovate, by becoming the first state to require "Firearm Insurance" to be maintained by all gun owners. No real details on how it works, but, right off the top, I can tell you that the responsible gun owners are the only ones who would even give the remotest thought to complying with the law... I'm quite certain that gang- bangers, thieves, muggers, drug dealers, and other criminals will not be rushing out to purchase this insurance, on the chance that they might shoot somebody in their course of daily duties. And, I'm pretty sure that, had this law been in effect nationwide since the beginning of time, it would not have changed the details of a single "gun violence tragedy," ever... but, the proponents of this new impediment are really trying to surf the wave of Sandy Hook and Aurora, CA... It's another very thinly veiled attempt to make it suck to own a gun.

[kalimus]

Originally Posted by CamaroSkooter

I would like to purchase a Sig Sauer SIG556 Classic SWAT (the rifle in my signature)

If you become a sig dealer, I would like to be your first customer

And I'm looking for a P226 TacOps in .40

Of course.... I live in CA... so.... never mind.