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Selling Firearms

oldfriendsoldfriends Member Posts: 167 ✭✭✭
edited January 2002 in Ask the Experts
My wife has an antique store. We atend quite a few estate sales and auctions. Often there are firearms place up for bid. They are usually old but by no means are most "antiques" or pre 1898. I have received a couple at very reasonable prices. We have some friends in equal circumstances. They have sold some of the guns in their shop. Neither of us are in the "gun business" and thus do not have FFLs. I have not sold any this way. (It's hard for me to part with any gun I get. ) We live in North Carolina. What are your thoughts on legality of this. Thanks in advance.
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Comments

  • sealyonsealyon Member Posts: 313 ✭✭✭
    edited November -1
    I don't know the exact wording on the laws but I beleive that if you start selling your firearms out of a business without an FFL your going to get a visit from the BATF. If they can show that you are buying and selling firearms for profit you are dealing without a license. May be a way around it but it will be up to you to prove it. They act like the IRS ( guilty until proven innocent)
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  • robsgunsrobsguns Member Posts: 4,581 ✭✭
    edited November -1
    I am not an FFL holder either, but have a fair idea of what is legal and what is not. I would say that selling guns from your antique store is illegal, as it is a place of business. If it were your personal collection and you were selling one occasionally for whatever reason, from your home to a friend or aquaintance or just an answer to a newspaper ad, I'd say it is ok. Putting a gun up for sale in a place of business, such as yours, is asking for a visit from the authorities, and you will be put in a very awkward position. I highly suggest you do not do it, to preserve your business and reputation. You may want to pass the info. along to your friend. When in doubt get a copy of the current BATF FFL regulations, its all in there and usually free for the asking, just dial info. and get the number in your closest area, and ask them to send a copy, they will probably be happy to do it.
    SSgt Ryan E. Roberts, USMC
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  • oldfriendsoldfriends Member Posts: 167 ✭✭✭
    edited November -1
    Thanks. This is pretty much my way of thinking as well. I guess I just wanted some other's opinions. Like I said, I have a hard time parting with any gun anyway. My last purchase was a Savage 22 Hi-Power. I've yet to shoot it but will before I decide what to do with it. Thanks again.
    Life is Tough!It's Tougher if You're Stupid
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  • redwoodredwood Member Posts: 61 ✭✭
    edited November -1
    Hello Oldfriends, I have a friend who is looking for a Savage 22 Highpower. (He would go dealer to dealer as he is in New Hampshire) Let me know if you are interested and I will put you two in touch (he doesn't have a conputer) Thanks, Ernie Shipman
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  • MyjackMyjack Member Posts: 86 ✭✭
    edited November -1
    Having been in the position of antique dealer and gun nut I always kept any gun I might be convinced to sell at home and totally away from the business.It still leaves the door somewhat open for liability but also makes a strong argument for private party sale.Just a thought from a legal layman
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  • RSLINTIIRSLINTII Member Posts: 227 ✭✭✭
    edited November -1
    The Republican congress changed the IRS law to burden of proof is NOW shifted to the IRS and not the taxpayer. Still a up hill fight but somethong to at least remember. Best, Robert
    "Endurance"
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  • oldfriendsoldfriends Member Posts: 167 ✭✭✭
    edited November -1
    Howdy Redwood. That might work. Like I said though, I really do want to get a chance to bust a couple of caps with it first. I bought some ammo from the auctions here. I also bought a Marble's Auxiliary Cartridge from a member of this forum after a request a few weeks ago. (It is a 22LR conversion unit) I wanted to build a desireable package for a potential buyer. Send your email and I will try to get some info and pictures together for you to pass on. eager@xxac.net (take out the xx to respond)
    Life is Tough!It's Tougher if You're Stupid
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  • psantospsantos Member Posts: 60 ✭✭
    edited November -1
    What is the current law regarding sale of privately owned firearms?I moved from the communist state of NJ to PA a few years ago, I purchased a few guns I no longer need, how many can I sell or have a local dealer transfer to friends before I run into problems??ThxPaul
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  • nmyers@home.comnmyers@home.com Member Posts: 205 ✭✭✭
    edited November -1
    oldfriends, the answer to your question is, "It depends..."The term "engaged in the business" is defined in Federal Firearms Regulations Reference Guide (ATF P5300.4), p6. It says that occasionally buying and selling guns for your own collection doesn't require an FFL, but dealing in firearms as a regular course of business does.Look at it this way: You probably have a traders license, tax #, business premises, license, etc. How would it look to a BATF agent who sees even 1 gun in a display case? Or, what if you sold a gun to a felon who would have been prevented from buying by an FFL dealer's Insta-Check? Hardly seems worth the risk to me.Neal
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  • oldfriendsoldfriends Member Posts: 167 ✭✭✭
    edited November -1
    nmyers@home.com and all: Thank you for your responses. There are some very good points here. I do not feel it is worth the risk. There are other ways of selling them and not risk the business or worse. I have forwarded the link to my friend as well. Who knows, he may end up being a member here as well. I appreciate all you your input. Until we meet on the range, Thank you.
    Life is Tough!It's Tougher if You're Stupid
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