You mean I can't buy a gun from George L. if he doesnt have an ffl?
So let me get this straight in my mind, that the private sell of firearms between two individuals is not legal without an ffl? Is that correct?
This is asinine!
Big Al, of course private individuals can sell guns occasionally (within the same state, no selling to a private individual in another state under any circumstance). What they can't do is go into the gun business without an FFL. When you buy the inventory of an FFL (to help them out) and then attempt to sell that inventory at a profit it sure looks like you are in the business of selling firearms. Especially if you are selling from a business premise using a commercial site. etc. etc.
There is no clear line to distinguish a private individual from dealer. However if the guys in the Suburbans think you have crossed that line it could get very expensive trying to convince them that you have not.
Seems it would be much better to save the worries and get an FFL.
from the atf website.
How many firearms must be sold in order to be considered “engaged in the business?”
The GCA does not identify or define a specific number of firearms that a person can sell or transfer before they must obtain an FFL. The GCA does, however, establish definitions that determine whether or not a person is required to have an FFL before engaging in certain firearms-related activities. Specifically, if an individual is engaged in the business of buying and selling firearms, he or she will be required to have an FFL.
The GCA defines “engaged in the business” in 18 U.S.C. 921(a)(21)(C) as:
“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”
Therefore, if a person is devoting time, attention, and labor to engaging in firearms sales as a regular course of trade or business with the principle objective of livelihood and profit, they would be considered to be “engaged in the business” and would consequently be required to have an FFL. Neither ATF nor the courts have identified a specific number of firearms that would establish the need for a license. However, if the intent underlying the sale of firearms is predominantly one of obtaining livelihood and pecuniary gain, then a license must be obtained or the unlicensed individual will be in violation of 18 U.S.C. 922(a)(1)
