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 Are you a "gun dealer"? ATF Regulations
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27864 Posts

Posted - 01/10/2016 :  2:37:24 PM  Show Profile  Reply with Quote
In light of Obama's recent Executive Order regarding gun sales, the BATF has issued a publication defining who is and who isn't considered a "dealer" under current law. Basically, nothing has changed except ATF will intensify their investigations of non-licensees who engage in the business of buying and selling firearms. Pay particular attention to the "examples" at the end of their publication. As sellers on GunBroker ship firearms to licensed FFL dealers, there is little to be concerned about regarding background checks.

However, particular care should be taken if you are an unlicensed individual who buys and sells on a regular basis, both online and/or at gun shows, where it is evident that you are doing it for profit, i.e., "engaged in business".

You can download the ATF publication in .pdf format directly here:


ALLAH KA-BAR! Moderator
The Largest Auction Gun Store Online including Pistols, Shotguns, and Rifles

Edited by - Spider7115 on 01/11/2016 5:22:41 PM

Advanced Member

42232 Posts

Posted - 01/12/2016 :  08:21:16 AM  Show Profile  Reply with Quote
I lost money on the Lapua so obama & them can KMA

God fearing & gun owner and I'm keeping Them both.

You city slickers keep your gun control to yourselves.
You are living with too many asses per acre with no safe backstop.
Besides,the broadside of a barn is not the x-ring. ;]

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Advanced Member

15619 Posts

Posted - 01/21/2016 :  09:47:56 AM  Show Profile  Reply with Quote
I bought several ARs in the panic and sold the upper bcg case paper box and acc for what I got the rifle for. All I kept was the lower. Now I have several spare lowers and would like to move them out but the new law has me concerned about doing anything with them.
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Junior Member

190 Posts

Posted - 01/21/2016 :  9:49:43 PM  Show Profile  Reply with Quote
My opinion based on what the law actually says, if you're not buying on a regular basis and selling the same guns, you have little to worry about. Selling your personal firearms (without buying more for the purpose of re-selling) is never wrong. The buzzards are trying to scare regular guys out of doing what red blooded Americans do. Incidentally, that ATF guide doesn't even contain the entire definition of 'engaged in the business,' it just contains snippets. Again, just the parts to scare you. In fact, at least one part of it is misleading. Here is the entire legal definition, for those who buy and sell (there are different definitions for ammo manufacturing, gunsmithing, etc.): Title 27, Chapter II, Subchapter B, Part 478, Subpart B, 478.11
(c) Dealer in firearms other than a gunsmith or a pawnbroker. A person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such a term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;

"Be polite. Be professional. But, have a plan to kill everyone you meet." Gen. James Mattis, USMC
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614 Posts

Posted - 01/29/2016 :  7:12:00 PM  Show Profile  Reply with Quote
I have been going to a gun show in Birmingham, Al for the last 10 years or so and I see the same 5-6 guys selling at a table and I know they are selling for a profit but they do not have a license. It hurts the honest dealer that buys a license.
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Advanced Member

9735 Posts

Posted - 12/04/2017 :  5:01:43 PM  Show Profile  Reply with Quote
Originally posted by usmc1978

dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms

I think the bolded word above is key. I buy and sell, buy and sell, but I keep some. Yeah, I sometimes make money, sometimes lose money (at least the shipping and transfer)but for fun and to try all kinds of firearms rather than for livelihood.
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