ATTENTION: Dealers and those who buy from them

[EddieCoyle]

Sorry but the law in your state says I can sell up to 4 per year if I become a resident.

Yeah, it does. So you're safe with the state.

Unfortunately, federal law says that if you're selling guns to make money (even four or less) then you're in the business of selling guns, and if you don't have a Type 01 FFL, then you're in violation of federal law.

People here have been busted for it.

 

[PaulD]

Sorry but the law in your state says I can sell up to 4 per year if I become a resident.

Actually, the law in MA says I can sell 4 via face to face transfers. I can sell more if I go through an FFL, notwithstanding EddieCoyle's point.

 

[bolt]

Yeah, it does. So you're safe with the state.

Unfortunately, federal law says that if you're selling guns to make money (even four or less) then you're in the business of selling guns, and if you don't have a Type 01 FFL, then you're in violation of federal law.

People here have been busted for it.

Thats interesting, because your not paying the sales taxes or correct license fees I'd suppose. Glad I still ................................ That really seems like quit a stretch. You need some $, you start selling your collection, and "knockknock"? wtf?

 

[EddieCoyle]

You need some $, you start selling your collection, and "knockknock"? wtf?

It's a fine line. If you're liquidating out of need, or selling off some guns and using the proceeds to enhance your collection, you're probably OK. If you're buying guns cheap and turning them over for a profit, you can be in trouble.

Let me give you a couple of examples...

1. You have a C&R and buy a case of Mosin Nagants. You keep the three best ones, and sell the rest to your buddies and make a few bucks, then use that money to buy a nice Arsenal AK that you've had your eye on.
   
2. You get laid off, and start selling your guns so you can pay the rent. You've had the most of the guns for a while; you make a few bucks on some, and break even or lose a little on others.
   
3. A Democrat gets elected president and there's a run on black rifles. You drive around New England buying up every AR, stripped lower, upper, barrel, and part you can find, and then immediately turn around and sell everything in the NES Classifieds for a big profit.
   
4. Before you leave another state to move to Mass, you buy up a bunch of non-roster handguns and sell them for a big profit once you move to The Commonwealth. You were also stupid enough to post about it in advance on a gun message board that is known to be monitored by the AG's office and the ATF.

In #1 & #2 above, you're probably OK. In #1, you're enhancing your collection; in #2 you're in a hardship situation and selling assets. Remember, the burden of proof rests with the prosecution. If you can show a plausible reason for selling your guns other than profiteering, you're likely in the clear.

In #3 & #4 above, you're buying in bulk and turning stuff around quick. Even if you're out of work or have a large gun collection, it is pretty hard to explain away the fact that you are doing business selling firearms.

 

[Squished]

It's a fine line. If you're liquidating out of need, or selling off some guns and using the proceeds to enhance your collection, you're probably OK. If you're buying guns cheap and turning them over for a profit, you can be in trouble.

Let me give you a couple of examples...

1. A Democrat gets elected president and there's a run on black rifles. You drive around New England buying up every AR, stripped lower, upper, barrel, and part you can find, and then immediately turn around and sell everything in the NES Classifieds for a big profit.
   

I'm pretty sure you're OK on number 3 with regard to the AR's as well. So long as it's not the lower receivers. If you just selling barrels and other misc, non registered parts that are not tracked, I can't imagine any legal implications as a result of selling off those parts. You aren't selling guns for a profit in this case. If you were selling bulk lower receivers, different story. That would be selling guns for a profit.

 

[MassMark]

As far as am concerned I can't afford to spend $2,000 a month to buy 2 guns every month for 12 months so the law really doesn't effect me or other people I know and if you knew anything about NJ law there is paperwork you can file if you really want to buy more than 1 gun a month so there really isn't any one gun a month law. So as I quote you "don't throw stones". And advice for your friend. If the process is over 90 days that he has been waiting. Hire an attorney.

Sure not ignoring the ease of getting thrown in jail if I had one and I used it. Especially in this state. You have no idea what the prosecuters in this state are like! A friend of mines wife tried to kill herself with his night stand gun. Fortunately for her she lived. He was never arrested for anything. His wife said she tried to commit suicide and told cops he had nothing to do with it. The cops then came to his house and took all of his guns. After all was said and done and he was not charged with anything he asked for his guns back. The police chief told him "if you want your guns back sue us". So for not doing anything wrong or charged with anything he had to hire an attorney and after a year and $5,000 he finally got his guns back. So as far as CCW in NJ is concerned I want no part of it.

Holy shit... Selective liberty. If it doesn't affect me, screw it....Wolf223 is on the dime...Go New Jersey!

 

[EddieCoyle]

I'm pretty sure you're OK on number 3 with regard to the AR's as well. So long as it's not the lower receivers. If you just selling barrels and other misc, non registered parts that are not tracked, I can't imagine any legal implications as a result of selling off those parts. You aren't selling guns for a profit in this case. If you were selling bulk lower receivers, different story. That would be selling guns for a profit.

Yeah, I know. But if you're selling ARs and stripped lowers along with that stuff (like I said above) then you're selling guns at a profit. So, you're not OK on #3.

 

[bullseye]

I think the term here is " willfully and repeatedly selling to make a profit " If you were to constantly scour the classifieds to buy low and sell higher, then you are in the business of dealing, just like antique collectors. If you are to buy to enhance your collection and are to sell other guns for that enhancement, then you are collecting. The problem lies within if you are buying and selling repeatedly. Just stay away from selling every month ( or week ), 2 or 3 times a year clean house and sell those 5 or 6 you want to turn over. Also keep good records to show what you sold to purchase that bigger better Barrett or Blaser. Heck there are many that buy 22's for their collection or Enfields or WWII rifles for their collection, just don't keep selling, your a collector ( keeper ) of stuff.

 

[FPrice]

That giant pop up flag on the Ruger SR9c is pretty ridiculous.

I saw one yesterday. The new owner was happy with it but I thought that it was a ridiculous "solution".

Just my .02 cents.

 

[TomH]

This is a great "out yourself" thread.

 

[HooVooLoo]

And advice for your friend. If the process is over 90 days that he has been waiting. Hire an attorney.

Best advice EVAR. *rolls eyes*

 

[chris_1001]

Still no news? Lame...

 

[luceri]

This -- haha

 

[HooVooLoo]

Still no news? Lame...

See posts number 108 and 110 in this thread.

Still holding your breath? You may now exhale. Could have done this a week ago, but oops. P.T. Barnum law applies.

 

[WaldoOneFive]

See posts number 108 and 110 in this thread.

Still holding your breath? You may now exhale. Could have done this a week ago, but oops. P.T. Barnum law applies.

I don't get the significance of Posts 108 & 110?
I would ask you to explain, but you're now banned...?

 

[EddieCoyle]

I would ask you to explain, but you're now banned...?

He'll be back. It looks like his potty mouth got him a short vacation.

 

[Trupo]

Anything ever come of this....Bueller...Bueller...???