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

[ZX9RCAM]

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.

This is what I was thinking about....

 

[smschulz]

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.

Every gun I buy ~ I willfully want to make a profit if I sell it.
Why would I willfully want to take a loss?

 

[Texas1911]

Every gun I buy ~ I willfully want to make a profit if I sell it.
Why would I willfully want to take a loss?

Don't argue semantics ... we all know what I mean by that statement.

 

[Renegade]

The legalese is "engaged in the business". One gun is not "engaged in the business". But going to guns shows every week/month, setting up a table, buying/selling, you better have a FFL.

 

[mtaylor]

There is a lot more to the leagalese than that. What it comes down to is what the prosecutors can convince the jury. But here is what the actual code says (hoping this is not redundant)

(21) The term “engaged in the business” means—
(A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured;
(B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in section 921 (a)(11)(A), 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 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;
(D) as applied to a dealer in firearms, as defined in section 921 (a)(11)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported; and
(F) as applied to an importer of ammunition, a person who devotes time, attention, and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported.
(22) The term “with the principal objective of livelihood and profit” means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph, the term “terrorism” means activity, directed against United States persons, which—
(A) is committed by an individual who is not a national or permanent resident alien of the United States;
(B) involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the United States; and
(C) is intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by assassination or kidnapping.

So, if even one gun is purchased with the intent to NOT be a part of a collection and WITH the intent to make a profit, then that can be considered being engaged in business. The key is whether you purchased the gun with the intent of it becoming part of your collection. You can change your mind and sell it later and not be engaged in business. But when you are on the stand just don't say that you saw an opportunity to make a quick buck on the gun. THAT is engaged in business, one gun or 100 guns...

 

[stainone]

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.

that is on cars and truck you have a limit on how many you sell in a yr.in TX.
alot of good info here thanks evryone!

 

[Texan2]

So, if even one gun is purchased with the intent to NOT be a part of a collection and WITH the intent to make a profit, then that can be considered being engaged in business.

The code says "regular course of trade or business, with the principal objective of livelihood and profit"

It would be a stretch to charge, (much less convict) someone who sold one gun for a profit.