Can he buy my gun then sell it right away? ILLEGAL DEALERS?

[yelda14]

i have recently been emptying my safe to make some space, and sold two of my guns (that i had multiples of). i realized that BOTH the guys i sold it too (both who do not have a dealers liscense) have put it back online immediately that day with massive profit (obviously no time to even test the weapon out). im curious as to wonder if they are allowed to sell their guns immediately after purchase for the sole purpose to make a profit (no matter how large).

 

[MR Redneck]

If you sold it to somebody, who's to decide what they do with it?
Its his now and I think I would respect the mans right to choose what he decides to do with it.
Looks like he found something he can make a few bucks off of to me.

 

[Bithabus]

Yeah, sounds like they found a good deal and capitalized on it. Becomes illegal if you do it all the time.

 

[MR Redneck]

Yeah, sounds like they found a good deal and capitalized on it. Becomes illegal if you do it all the time.

So is there a limit to how many guns you can sell in a period of time? I wouldnt know because I have only sold a couple of guns in my life and it was to some cops. I have givin some away, but that about all.

 

[yelda14]

i was told one time that if i bought a gun on the day of the gunshow and then tried to sell it immediately for profit then i could be taken away by atf for trying to sell without a license. i feel this is an over simplification.

 

[MR Redneck]

I actually had people try buying guns that I just bought at a show. I never did it, but never thought about it being illegal. If I did, it would have been my luck that it would have been the ATF!

 

[majormadmax]

So, if I buy a gun at the show, and on my way out someone offers me triple what I paid for, and that person has all the right credentials for proof of eligibility under Texas law, you don't think I'm not going to sell it to him?!?

Anyone who thinks that way has to show me the Texas or Federal law that stipulates the minimum amount of time you must own a firearm before you are allowed to sell it.

Now, if the arrangement was made beforehand, then that stinks of a straw purchase; but if it's an opportunity to make a profit off of the sale of a firearm, then why not? With no paperwork involved for private sales in Texas, I think a person would have to be selling a considerable number of firearms to pop up on the ATF's radar! And how many firearms that would be is anyone's guess...

Actually, I doubt the individuals involved are FFLs, as they would have to process the paperwork for each firearm. Even if it were me, an 03 FFL, I'd have to record the purchase and sale in my ledger. But for the average citizen or non-C&R firearms, there's no required record whatsoever.

Maybe you ought to consider asking more for the firearms you're selling! Speaking of which, whatcha got for sale?!?

Cheers! M2

 

[Bithabus]

i was told one time that if i bought a gun on the day of the gunshow and then tried to sell it immediately for profit then i could be taken away by atf for trying to sell without a license. i feel this is an over simplification.

Whoever told you that is mistaken.

If someone buys and sells guns all the time, or if a cop goes to GT and buys 20 blue label Glocks and then sells them on Gunbroker, he might draw attention from BATFE for being in the business of selling firearms without a FFL.

 

[[BoT] Jack]

Whoever told you that is mistaken.

If someone buys and sells guns all the time, or if a cop goes to GT and buys 20 blue label Glocks and then sells them on Gunbroker, he might draw attention from BATFE for being in the business of selling firearms without a FFL.

And if you're going to do that, you might as well just get a $300 FFL, it's a bitch and a half to get, but has quite a few benefits to it and can pay for itself if you're smart with it.

 

[smschulz]

You got to be kidding?
You made the decision to sell the gun and agreed to the deal.
Be a man and live with it.
What anyone else (selling) is doing is their business.

 

[Texasjack]

Morally, once you've sold it, the buyer can do what he wants.

The buyer can get in trouble if it's a wash sale (where he bought the gun for someone else who wasn't qualified to buy it). You could get in trouble if you knowingly went along with such a deal.

 

[josh]

I don't think he was saying it was immoral. I think he was simply curious about the legalities involved. He didn't sound whiny or anything, an nobody should bash him for just trying to bone up on ATF bullshit. We should all know the law. Especially when the law is stupid and unconstitutional. I am one of the guys who purchased a firearm from him, and I was curious about it too. Whenever I buy a gun, I usually post it online to see what offers I get. If I'm not happy with the gun, then I sell; if my feeling towards the weapon are lukewarm, then I sell only if the offer is better than the puchase price. Even if I like the gun, if someone makes an offer that stands to make me a hundred or two, I usually take it. So posting a weopon for sale is just a way of conveniently keeping my options open!

 

[OldCurlyWolf]

Morally, once you've sold it, the buyer can do what he wants.

The buyer can get in trouble if it's a wash sale (where he bought the gun for someone else who wasn't qualified to buy it). You could get in trouble if you knowingly went along with such a deal.

That is called a straw purchase. A non-ffl got busted for that in Austin recently. It was probably a BATFE sting operation. And on the surface seems to have been entrapment or a bogus arrest.

 

[MR Redneck]

If I were to buy a gun at a show and was later approached buy someone who really wanted it and offered me more money than I paid for it. That wouldnt be in anyway a Straw purchase. All I think that would be is " Capitalism"...

 

[Texan2]

That is called a straw purchase. A non-ffl got busted for that in Austin recently. It was probably a BATFE sting operation. And on the surface seems to have been entrapment or a bogus arrest.

A Straw Purchase is when someone intentionally buys a weapon for someone who cant. Buying it and selling it later is not a straw purchase, unless you knew when you bought it, that you were going to sell it to someone who couldn't buy one for themselves.

 

[ZX9RCAM]

I thought there was a limit to the amount of weapons one could sell in a year without having a dealers license or something like that.
I am sure somebody with knowledge is bound to chime in.

 

[Texan2]

I thought there was a limit to the amount of weapons one could sell in a year without having a dealers license or something like that.
I am sure somebody with knowledge is bound to chime in.

More than likely someone WITHOUT knowledge will chime in...

I have never heard of such a limit, but there may be some such nonsense in some fine print. I know of folks who inherit uncle joe's large collection upon his death and decide to liquidate it at a gun show or on TGT....never heard of any type of law preventing it from occurring.

 

[Renegade]

I thought there was a limit to the amount of weapons one could sell in a year without having a dealers license or something like that.
I am sure somebody with knowledge is bound to chime in.

No limit.

 

[Texas1911]

As Renegade said, there is no limit.

If you willfully buy a firearm with the intent to make profit, it requires an FFL on your behalf. It is held that you are engaging in commerce.

Now if you buy something, then decide that you no longer want it and turn a $100 profit, then you are not engaging in commerce.

This is what nailed Copeland in Austin. He did not have an FFL and was buying from other tables, and selling the items on his for profit. He was engaging in commerce as a means of lifestyle, and that is illegal according to the ATF.

 

[Texas1911]

I have never heard of such a limit, but there may be some such nonsense in some fine print. I know of folks who inherit uncle joe's large collection upon his death and decide to liquidate it at a gun show or on TGT....never heard of any type of law preventing it from occurring.

That's because it's not commerce, it's just selling a private collection. If you are doing it for profit and constant income, then it is commerce.