Reply #165: ATF has a website, you can read the law instead of making it up!

[one-eyed fat man]

hey, before you go spouting unsubstantiated drivel, why not go to ATF.gov? They have an FAQ and a nifty website we pay for.

http://www.atf.gov/firearms/faq/faqindex.h...

(C10) May a person obtain a dealer's license to engage in business only at gun shows?

No. A license may only be issued for a permanent premises at which the license applicant intends to do business. A person having such license may conduct business at gun shows located in the State in which the licensed premises is located and sell and deliver curio or relic firearms to other licensees at any location.

<18 U.S.C. 923(a) and (j)>


B. UNLICENSED PERSONS

(B1) To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

<18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30>

(B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

<18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30>

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

<18 U.S.C. 922(a)(3) and 922(b)(3)>

The law requires anyone who sells guns as a business or in interstate commerce to have a license. The murkiness in the regulation is the definition of "in the business."

A good example is selling a car. If you sell your car you are not a dealer and your state does not require you to collect sales tax. Many states set a limit on how many times a person can sell his car an not pay sales taxes. The "magic" number in my state is 6. If you sell 6 cars in a year, you are a "de facto dealer" be cause the Revenue Cabinet says so and they want their 6%.

There is no similar hard and fast rule for guns and the FFL requirement. If you are in the business of selling guns you need a license. If you make an occasional sale of a personally owned gun, you don't. Does a guy who buys a gun, keeps it for a while and sells it or trades for a different or nicer one a dealer? Or is he improving his collection?

If "in fact" he is doing it in furtherance of a business he is a dealer and requires a license. The problem may be in that a jury has to determine that to be fact.

If you inherit a closet full of old guns you know nothing about and have no interest in and you peddle them in a yard sale are you a dealer? If you rent a table at a gun show instead, on the assumption there will be more potential buyers, does that make you a dealer? Can you take that closet full of guns across the state line and sell them? (Only if you sell them to a licensee, aka FFL.)

The ATF talks in terms of licensees and non-licensees for a reason. Those terms are defined. "Unlicensed dealer" is not. Now as for opening up NICs to everyone. Suppose you were wondering about that dude your daughter is dating, call NICS and see if you can sell him a gun? What about calling in your boss before you next go asking for a raise?