Gun Show Question

[Smokey Lonesome]

I apologize if this has already been asked, but I can't seem to find a definitive answer..
I have several guns that I am wanting to sell, along with some reloading equipment, holsters, cases, etc. I was thinking about getting a table at one of the Houston area gun shows. I have never done this and I am wondering if the shows prohibit a non (FFL) licensed person from selling guns? Also, by offering several (6) guns for sale, would I somehow legally be considered a "dealer"? I do not have a tax number. Thanks in advance for any info.

 

[Mikewood]

No, no,
The point of the gun show is to buy and sell your guns. As this is private property and not over state lines a federal liscence is not required. You can get a table or two and a few yards of fabric to cover the guns when you step away from the table and your gtg.
Rent the table early, pack several hundred in small bills and plan for a long weekend. I do well just walking the isles selling guns. I don't bother with a table.

 

[MAJIK_BONE_77]

I see people all the time waling around the gun shows with signs on their backs saying what they have for sale and when someone asks them about it they either take them outside or pull it out of a backpack and make the deal right there, no table needed. Thats where u can get the best deals.

 

[Smokey Lonesome]

Thanks for the replies... I have way too much stuff to sell to carry around. I have about 6 guns, reloading equip, holsters, etc etc etc etc... It is stuff I have accumulated over the past years, plus I was thinking I would include a friend who also has some stuff to sell. Thanks for the input's

 

[txinvestigator]

No, no,
The point of the gun show is to buy and sell your guns. As this is private property and not over state lines a federal liscence is not required. You can get a table or two and a few yards of fabric to cover the guns when you step away from the table and your gtg.
.

State liines and private property have nothing to do with whether or not a license is required to sell firearms.

 

[okie556]

The answers given in this thread don't seem to coincide with this thread. http://www.texasguntalk.com/forums/...eastex-guns/21234-question-regarding-ffl.html

 

[matefrio]

I've been thinking it's time to unload some of my stuff as well. Let me know if you'd like to share the cost and room of table. I'd only be able to stay the Saturday though.

I've purchased and sold things at gunshows many times. I've been behind the tables twice. Having more than one person there will keep better eyes on things.

I'm also not as good as txi knowing the laws but I know how folks can accidentally get into trouble with private sales.

 

[matefrio]

The answers given in this thread don't seem to coincide with this thread. http://www.texasguntalk.com/forums/...eastex-guns/21234-question-regarding-ffl.html

Go back and read the thread for the difference of private sale vs intentionally making a profit or business from buying and selling guns.

 

[okie556]

Go back and read the thread for the difference of private sale vs intentionally making a profit or business from buying and selling guns.

So now we are talking profit? So if you set up at the gun show like your considering......going to sell all for less than you paid? Just saying....I think you will come closer to having the ATF look at you than I would for buying that gun knowing I was going to resell.......sooner or later for a profit.

 

[txinvestigator]

I would read the ATF FAQs.

Again, state lines and private property are not the defining facts.

 

[matefrio]

So now we are talking profit? So if you set up at the gun show like your considering......going to sell all for less than you paid? Just saying....I think you will come closer to having the ATF look at you than I would for buying that gun knowing I was going to resell.......sooner or later for a profit.

Federal and local law enforcement is welcome to come by and look and buy at the table all they want as long as I can reasonably assume they can purchase a firearm and they are a resident of Texas.

Don't get chapped because you find out the laws don't align with your expectations. Happens to me all the time.

 

[okie556]

Federal and local law enforcement is welcome to come by and look and buy at the table all they want as long as I can reasonably assume they can purchase a firearm and they are a resident of Texas.

Don't get chapped because you find out the laws don't align with your expectations. Happens to me all the time.

Not chapped at all. And I really don't disagree with anything in this thread....I am guilty of hijacking this thread as I feel (as I stated) that this and the one on http://www.texasguntalk.com/forums/...eastex-guns/21234-question-regarding-ffl.html don't coincide. Sorry for the hijack and will go back to the other thread and discuss TX Investigator's suggestions to check into ATF FAQs.

 

[Smokey Lonesome]

Somewhere I became confused (which is nothing new for me)... Is there a problem with me selling a gun for more than I paid for it? I have owned most of the guns that I plan to sell for upwards of 20 years. I don't even remember how much I paid for most of them..... but..... I seriously doubt I will sell them for what I paid years ago. Maybe I misunderstood what Okie was meaning.

 

[matefrio]

Somewhere I became confused (which is nothing new for me)... Is there a problem with me selling a gun for more than I paid for it? I have owned most of the guns that I plan to sell for upwards of 20 years. I don't even remember how much I paid for most of them..... but..... I seriously doubt I will sell them for what I paid years ago. Maybe I misunderstood what Okie was meaning.

If you are...
"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". You need an FFL.

If you are 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. You are good for private sale.

 

[jedwil]

Somewhere I became confused (which is nothing new for me)... Is there a problem with me selling a gun for more than I paid for it? I have owned most of the guns that I plan to sell for upwards of 20 years. I don't even remember how much I paid for most of them..... but..... I seriously doubt I will sell them for what I paid years ago. Maybe I misunderstood what Okie was meaning.

IMNAL, but you are allowed to sell FTF to TX residents who are legally allowed to own the firearms you are selling. The price has nothing to do with a legal sale. And the sale could be in your home or a yard sale if allowed by local regulation.

 

[Smokey Lonesome]

Got it! Thanks. That's what I thought, but when dealing with the federal government it's always a crap shoot.

 

[shortround]

As long as you don't make a "business" of selling guns, you can rent a table, sell the guns from your personal collection, and any ammunition or other accessories you might have.

There is no "profit" limitation. If you sell a gun for $1200 that you bought for $XXX, no one cares, unless you do it as a normal business.

I've seen the same guys at gun shows rent tables monthly for years on end. They always rotated their "private stock" and never had a problem with the authorities over "private sales." Caveat: Some sellers were dumb-asses and sold to "prohibited persons."

Just make sure the buyer has a legitimate Texas ID. If you don't like the "look" of the buyer, you have the right to refuse the sale for whatever reason you can think of.

I've seen other guys walk the hall hawking the guns they had for sale, and they always showed up at later gun shows with more guns to sell.

It is good advice to never rent a table and sit at it alone. You will have to eat, drink, take a leak, or just want to look around.

Be sure to bring a buddy to help look after the stuff you have for sale.

I am not a lawyer, nor should this be considered legal advice -- I did stay at the Holiday Inn Express and Motel 6 ... once!

Good luck on your endeavor.

 

[majormadmax]

Another good piece of advice is to never pass up the opportunity to keep your big mouth shut! Most "private sellers" that run afoul of the law do so because they loudly and publicly brag about all the guns they sell. You can bet there are government agencies at these shows and it's these brainiacs (like the bozo up in Austin) that draw their attention.

Argue all you want about the legality, but a lot has to do with perceptions; and if you're smart enough to keep it low-key and emphasize that the guns are being sold as a private individual, you'll be OK.

Cheers! M2

 

[RetArmySgt]

You can always bring some of those by for me to look at and youll probably have less to carry to the gun show but more money to spend on stuff there.

 

[greenbeetle]

We get tables at gunshows frequently - to sell knives and backpacks, not guns. But, having been to about 2 gunshows a month for the past 6 months and seeing LE officers buying guns from private sellers many times I seriously doubt you will have any legal problems selling your guns at a gunshow in Texas. People do this ALL THE TIME.