The law reads:
Quote:
(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms, or in the course of such
business to ship, transport, or receive any firearm in
interstate or foreign commerce; or
|
Engaged in the business of dealing firearms means 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 (18 USC 921(a)(11)(A).
Quote:
|
You only need an FFL license if firearms sales constitutes your primary source of income.
|
This is not true. If you sell guns for the primary purpose of making money, then you need an FFL. However, the sale of guns does not need to be your primary source of income.
Here is an excellent case on the subject. It goes over the legal test and factors involved in such a conviction. The man in question bought 9 guns over 8 months and sold 8 of them. He was convicted in dealing in firearms without an FFL - a conviction that carries a mandatory five year sentence in a federal prison these days.
http://www.paed.uscourts.gov/documen...s/05D0776P.pdf