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Old August 3, 2011, 04:17 PM   #2
James K
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Join Date: March 17, 1999
Posts: 24,383
Another common definition of "being in business" is that one buys for the purpose of resale at a profit. If I buy a gun, don't like it and sell it, that is not dealing. But if a friend asks me to use my C&R license to buy a gun for him, that is dealing, since my only purpose in buying the gun was to sell to him. Buying more guns than would be reasonable for a real collector would also raise questions. What is that number? 5? 10? 100? 15,000? I don't know, but I suspect that buying more than 5 identical guns would interest some folks.

Actually, BATFE has admitted that they keep the definition of a "dealer" vague so they can play things by ear on a case-by-case basis. That is probably not a good way to enforce the law, but to some extent every cop and every prosecutor does exactly that at one time or another.

Sometimes, it depends on the circumstances. If I buy a gun on my C&R and sell it to my friend, no one really cares much. But if my friend uses that gun in a crime spree and commits suicide, the police are going to look for someone to arrest and prosecute, and I might be charged (and probably convicted) of being an illegal dealer.

Jim
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