A question about FFL's
This is a discussion on A question about FFL's within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; What are the specific criteria if any that outline and define when a person is considered a "dealer" in arms and would be required to ...
February 2nd, 2010 11:57 PM
A question about FFL's
What are the specific criteria if any that outline and define when a person is considered a "dealer" in arms and would be required to obtain a FFL and or a business license? I am thinking in terms of number of weapons sold in transactions in a one year period, or possibly even an amount of profits or goods received.
I know transactions between manufacturers, wholesalers, and even interstate require a FFL. I am thinking in terms of lawful private sales person to person.
I do not know the answer and would hope someone on this forum might be able to shed a light on the subject for me.
February 3rd, 2010 12:21 AM
I would consider someone a dealer if they bought firearms with the intention of reselling them for a profit. This doesn't mean someone that bought a $1000 gun for $700, uses it for a year, and then sells it for $1000 to buy another gun - this is the guy that buys lots of guns out of the classifieds and such with the intent of reselling them at a profit, or buys a case of lowers to resell at a profit. I'd say it boils down to intent - I've sold several guns, but I had not purchased them to resell - I bought them because I wanted them, liked them, shot and carried them - and sold them because I needed funds for another project or whatnot. That doesn't make me a dealer.
February 3rd, 2010 12:28 AM
I understand the hazy gray area of intent of the law. I am interested in any hard numbers or criteria published by the ATF(I believe would be the agency involved) on what constitutes a dealer.
I am not in the habit of selling firearms. Have I ever bought a gun I wasn't interested in and flipped it to get one I was interested in or finish a project? you betcha.
As an example In the state of PA if you sell more than 7 vehicles in one calender year you better have a dealers license.
February 3rd, 2010 12:44 AM
Vehicles are totally different. Vehicles carry titles, and buying and selling them can't be done without a long paper trail. Firearms are different this way. If you are buying and or selling firearms as a business (with the sole intent on making profit), then in most instances you'll need that FFL. The burden of proof that you may or may not be doing so remains to be seen, but folks don't get by doing things for too long without everyone in the community either knowing about it or spreading rumors about it. That's when the questions start and the door gets knocked on. As far as disposition of your personal property, you still have the final say so long as you are not violating any local laws or ordinances concerning sales or items. You may want to look into getting a collectors license.
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