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Can I sell guns here for a friend ?
jayefsee
Member Posts: 24 ✭✭
I sell a lot of things on that other large auction site. And I have sold a few of my own firearms on this site and have always followed the rules. Now a friend, that knows I sell on the Internet, has asked me to sell her grandfather's firearms for her. At this point I have no idea what she has other than they are "old" (she is in her sixties, so I am sure that they are really OLD) and she doesn't want them in the house anymore. So . can I sell these for her on this site for her ? Or are the BATFE people going to look poorly on it since I don't have an FFL ? And, yes, she would pay me my fees and some small commission.
Advice and recommendations cheerfully accepted.
I hope this is the right forum for this question.
JFC
Advice and recommendations cheerfully accepted.
I hope this is the right forum for this question.
JFC
Comments
if you're in my yard tonight, you'll be there in the morning
To Sell Firearm thru Gunbroker You will have to Sell thru the Auction Portion of Gunbroker.com...
You may ask about and recieve information about the Guns in question on Ask the Experts...Tell us what you have and give a complete and Total Discription of said guns.....Best.....
Captain Kirk, Tech Staff
A SPECIFIC QUESTION WAS ASKED.....AND A SPECIFIC ANSWER WAS GIVEN.....NEVER ASSUME, BECAUSE IT CAN COME BACK TO BITE YOU ON THE BUTT.......Captain Kirk
Minimum barrel & stock lengths come immediately to mind.
Past that part of it, stuff made before 1898, " antique firearms, which are defined as: any firearm not designed or redesigned for using rimfire or centerfire ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before 1898) and also any firearm manufactured in or before 1898 using fixed ammunition which is no longer manufactured in the U.S. and is not readily available in the ordinary channels of commercial trade",
It is my belief, can be sold and shipped as common merchandise (UPS - Antique firearm) to anyone legally able to own a firearm. True???
EDIT - SORRY. I C&P STATE LAW.
You have the actual definition of an "Antique" firearm off just a bit.
Title 18, Section 921(a)(16) defines "antique firearm" as follows:
"The term 'antique firearm' means -
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
(B) any replica of any firearm described in subparagraph (A) if such replica -
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade."
What this really means, is for example, any original Winchester Model 1892 chambered for 44-40, 38-40, 32-20, or 25-20, or a Model 1894 chambered for 32-40, 38-55, 30-30, or 25-35 that was manufactured prior to January 1st, 1899 is by federal law an "Antique"... even though ammo is still available through ordinary channels of commercial trade. That restriction only applies to replicas... unless you are in the PRK (and I know that you are).
Bert H.
Real Men use a SINGLE-SHOT!
Also it may be best if you your state permits "private sales" for you to buy the guns off of this person for $1.00 down and the balance to be based on a percentage of the net sale price. That way you are the owner and you preclude any issues about acting as an unlicensed agent.
Lastly, you need obtain a copy of the buyer's or buyers agent's FFL, signed in an ink color other than black. Primarily to ensure that you are sending the firearm(s) to the correct individual/address (as shown on the license). Secondly, the shipper may ask to see a copy. And third, it is prudent to save the copy ... "just in case".
If you only have time to do two things so-so, or one thing well ... do the one thing!
The other option could be for her to legally give or sell you the firearms (follow your state laws); then you sell your guns. You can "gift" money to her with no tax consequences up to about $11,000--if you're friends, then exchanging gifts is nothing unusual. Of course the number of firearms involved could be an issue here; if she's giving you 50 or 100 guns and you are immediately re-selling them, the ATF might consider you as being "in business"--especially if you were making a profit on the sales.
I'll also comment that if this lady is a friend, as you state, I'll assume you will work with her and tell here if any of the firearms she owns are anything collectable/valuable. If something was particularly valuable, then she/you could have tax issues (capital gains) if it is sold.
JFC