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consignment guns

poohbear5592poohbear5592 Member Posts: 2 ✭✭
edited February 2008 in Ask the Experts
IS it Lawfull to sell guns for private indiuals for a small fee of $25.oo per gun? With no paper work like a private sale between indivuals?
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Comments

  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    From Federal Firearms Regulations Reference Guide (ATF P5300.4) page 8:

    "(a) It shall be unlawful-
    (1) for any person-
    (A) except a licensed importer, licensed manufacturer, or
    licensed dealer, to engage in the business of importing
    manufacturing, or dealing in firearms, or in the course
    of such business to ship, transport, or receive any
    firearm in interstate or foreign commerce....."

    Now, I'm not a lawyer & I don't give legal advice. But, if you think that you can use the "consignment" approach to avoid getting a license, & the folks at ATF do not agree with you, it could cost you 5 years in federal prison & a minimum of $10,000 in legal fees.

    Neal

    "Arrest now, litigate later." ---- ATF motto
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  • Horse Plains DrifterHorse Plains Drifter Forums Admins, Member, Moderator Posts: 40,233 ***** Forums Admin
    edited November -1
    No. You would be engaged in selling firearms for profit and that requires an FFL.
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  • dcs shootersdcs shooters Member Posts: 10,870 ✭✭✭
    edited November -1
    Auctioneers do it all the time. Are they breaking the law [?][?]
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  • Laredo LeftyLaredo Lefty Member Posts: 13,451 ✭✭✭
    edited November -1
    I regularly go to 2 auctions where they do it all the time, but they both are licensed FFL's.
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  • clinteasterlingclinteasterling Member Posts: 549 ✭✭✭
    edited November -1
    Some one posted a few months ago the summarized piece of this law. If i recall correctly it stated something like:....one must buy a gun with the intent to resale at a later date with the intent to make a profit and basicly make a living doing so. If you are making $25 dollars that is not a real profit, you had to pay for the net, your time, etc to get the answer for your question. The net cost $50 a month, so you are -25 in the hole.
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    Dick, for an estate-type auction, no FFL is needed. However, for a consignment-type auction, it is.

    Neal
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  • jethrojethro Member Posts: 462 ✭✭✭
    edited November -1
    Neal is right on the mark on auctions.

    http://www.atf.gov/firearms/legal/auctions.htm

    On the matter of selling someone else's gun; I wouldn't want to get involved in it unless you never took possession of the gun. If you just collect a finders fee, but never hold the gun or take the money, you might be OK. I think you would be on very thin ice with this one.

    Of course, this is just my opinion. It is not something I would want to do.

    Mike
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