In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
Another question on C&R sales
the yooper
Member Posts: 275 ✭✭✭
I know that my C&R license allows me to buy and sell C&R approved weapons to improve or add to my collection, but cannot be "engaging in the business" etc etc. But what will happen in the foreseeable future when I begin to liquidate my collection and have 30-40 C&R firearms for sale on GB? I'll not be buying anything and they'll be spread out over a period of time, but still be offered for sale. Is BATF going to pick up on this somehow? Can I find myself in trouble with them (BATF)? I can find nothing in their convoluted rules about such an eventuality. Can anybody point me to something in their rules regarding this matter or should I just contact an auction house, pay their fees and be done with it? Thanks
yooper
yooper
Comments
[27 CFR 478.11]
https://www.atf.gov/content/what-does-engaged-business-mean
yooper
First, the primary reason for having a C&R license is to permit you to obtain C&R firearms from anyone, anywhere in the country, without having to go through a dealer (your state & local laws permitting). No NICS must be run, because ATF did that before they approved issuance of your C&R license. You can obtain C&R firearms either in person or online, it makes no difference, as long as the seller is willing to sell to a C&R licensee.
You can always sell a C&R firearm to improve your collection. When you do that, you have the same rights as a non-licensee; you must ship to a dealer or a C&R licensee. (There is one exception: you may sell a C&R firearm to a non-licensed resident of another state IF he appears before you at your residence.)
You can sell a C&R firearm, OR ANY OTHER FIREARM, to a resident of your own state, either face-to-face or by carrier (state & local law permitting). The only federal law regulating such transfer is that you cannot knowingly transfer a firearm to a prohibited person, which may be difficult for you to know. (And, that is why I don't transfer to anyone other than a C&R or FFL.)
Neal
There are also matters of ordering three surplus rifles (often there is a price break), such as Mosins, keeping the best looking example for yourself and then selling the other two. Even if you don't make a penny in profit, it could be argued that you purchased the rifles with the intention of reselling them.
Mark,
I was inspected by BATFE (random inspection) 6 years ago and I had done exactly as you mentioned, buying a group of three rifles, and I had kept the best for myself and sold the other two to friends, for not one cent of profit..
When I mentioned this to the agent he looked square into my eyes and said "That's collecting, and you're only making your collection as good as possible with that action."
I'd only done it a couple times, and since then I don't ever sell to anyone unless they have a FFL so there's an undeniable paper trail.
Doubt it happens in most cases but it is state law.