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3 members (Lloyd3, HalfaDouble, 1 invisible),
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guests, and
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robots. |
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Key:
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Forums10
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Apr 29th, 2024
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Joined: Dec 2006
Posts: 227
Sidelock
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Sidelock
Joined: Dec 2006
Posts: 227 |
18 USC 922(a)(1)(A).
Last edited by dbadcraig; 07/07/07 01:19 PM.
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Joined: Aug 2005
Posts: 377
Member
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Member
Joined: Aug 2005
Posts: 377 |
Just visited his site, and as he says, he is a real estate broker, period. He does have some nice firearms as well as other antiques. The firearms are not all pre-1898. I do not know how/whose FFL he uses, but as I read mine and the rules, he must be using someones or the "Big Black Suburbans" will certaily pay him a very nasty visit. Best, Dr. BILL
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Joined: May 2003
Posts: 221
Junior Member
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Junior Member
Joined: May 2003
Posts: 221 |
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!
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Joined: Apr 2002
Posts: 6,812
Sidelock
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Sidelock
Joined: Apr 2002
Posts: 6,812 |
Simple stuff and not worth a visit from the guys in the black Suburbans to mess around (they are NOT anything like "ladies" at the Real Estate Commission!).
If that statement doesn't prove prophetic, then there are an awful lot of licensed dealers who are also silly fools. jack
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Joined: Jan 2002
Posts: 240
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 240 |
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)
Last edited by erik meade; 07/07/07 04:32 PM.
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Joined: May 2003
Posts: 221
Junior Member
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Junior Member
Joined: May 2003
Posts: 221 |
I don't want to spend endless hours and try to explain this to you, Federal Law only applies to Government employees in Federal territory.
The limits on what Federal territory ended and is stated in Federal law as of January 1946. Unless you are in Washington DC or on Federal property That was declared as such as of January 1946, I would not worry to much about it.
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Joined: Jan 2006
Posts: 15,456 Likes: 86
Sidelock
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Sidelock
Joined: Jan 2006
Posts: 15,456 Likes: 86 |
Ok guys I for one admit I'm jellous of Georges Hammer guns....
The personal stuff about a guys business shouldn't be posted on a forum.
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Joined: Apr 2002
Posts: 6,812
Sidelock
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Sidelock
Joined: Apr 2002
Posts: 6,812 |
Might take more time than you've got, Al. When you've gotten thru to dumbies like us, then you can take on the FTC, FDA, FCC, ICC, INS, IRS and other lightweights with no jurisdiction. Even the Constitution could be construed as having some bearing on what the average citizen is allowed to do rather than as an excuse for frightening dogs and horses and burning down houses.
jack
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Joined: Jan 2002
Posts: 4,015
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 4,015 |
Ok Al,
so we just just say,"your honor I don't have time to explain this to you but...."
Yea thats going to work out just fine !Bet the prison have lots of guys with that line.
Hillary For Prison 2018
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Joined: Jan 2002
Posts: 240
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 240 |
Thank you for clearing that up BIG AL. And here I thought that I had read that ATF actions in the past actually have led to fines and imprisonment for non-federal employees. I must have been confused.
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