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Selling collection / no FFL

chasdevchasdev Member Posts: 70 ✭✭
What's the fed law, if any, covering selling a personal collection W/O an FFL of any type?
I'm in Texas, so I can do face to face to my hearts content, but what about the BATF's regs, if any?
I envision one or two at a time, not twenty at one time, all in state and face to face, probably at gun shows.

Comments

  • HighballHighball Member Posts: 15,755
    edited November -1
    I don't pretend to be a lawyer..but selling a personal collection should be no problem. Trading guns might get you into the relhm of 'doing business'...a no-no.

    I have seen several 'estates' sold out here at Tulsa..with 20-60 guns...and the BATF set up at the show...have heard of no problems.
  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    First off, NOTHING said here (in this, or any other forum) is any guarantee of what the feds will, or will not do.

    Shouldn't have any problems, since you still live in one of the semi-free states (you better know your state laws) where FTF gun sales are legal & no paperwork is needed. If you are selling a "collection" you are NOT in the business of selling firearms for a living. There are no hard and fast rules (by the feds) as to "how many" guns you can sell, before they get interested. They leave that number open on purpose.

    From what you say, "one or two at a time" FTF in the same state (which is legal according to the BATF) I don't see why the feds would have any interest in you. Depending on what guns your selling, of course. If there are any "supposedly" illegal guns that are not registered (like machine guns, cane guns, etc) Then you might get some unwanted attention.

    Just FYI, here is what the BATF says about FTF sales on their FAQ page.
    quote:(B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

    When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. ?? 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.
  • HighballHighball Member Posts: 15,755
    edited November -1
    Pickenup makes an excellent series of points.

    Are you gun savvy ? Do you know about short barrels, overall legal length, what a silencer looks like ? If you are selling out an old guys collection, there is no telling what is there...unless you know guns.

    Plus...the Batf is kinda like a Pit Bull..only not as endearing. One cannot predict where or when they will savagely attack next.
  • chasdevchasdev Member Posts: 70 ✭✭
    edited November -1
    I know what's what firearm legality wise.
    These are 98% C+R with a few that are near C+R, but not quite there yet. No full auto, altered weapons, silencers, or short barrels.

    I forgot to ask opinions on selling rifles that are recent aquisitions.

    In other words,is there a minimum amount of time that I need to have possesed a weapon before it's offered for sale?
    My concern is getting unfairly labeled as an illegal dealer, due to the "turn around time" on a few of them.
    I suppose I could try to sell the most recent buys last...
  • RustyNailRustyNail Member Posts: 803 ✭✭✭✭
    edited November -1
    If your trying to sell C&Rs, you would probably be better off posting on Gunbroker. The exposure at a gun show is very limited. To get fair market value--you have to reach the right market. As for pricing. Do a "Smart Search" on gunbroker and search "completed" sales histories to get an idea of values.

    On this forums section, search the Wanted to buy area--you may find someone to buy certain guns here.

    As for being "in the buisiness," if you are liquidating a collection and not buying anything, there is really no room to accuse you of being "in the business"

    Just some ideas[;)]
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