Can I do This

garryc · February 28, 2009, 11:26 PM

My buddy is getting ready to retire. He wants to move so he wants to sell off a large number of guns. One lot is 15 excellant Persian Mausers. Can I book them in then sell them to other C+R holders as long as I don't make any money?

M4Sherman · March 1, 2009, 12:45 AM

well your allowed to sell a limited amount of guns per year with out a license I believe but I cant be for sure

Don H · March 1, 2009, 01:07 AM

A C&R holder is allowed to sell off firearms to improve his collection, that is, he can buy several of a model and sell the less desireable ones. The collector can even make a profit on a sale; for example, an SKS bought 10 years ago could legally be sold today at today's market value. The thing is, you can't sell so many guns that it looks to the BATF like you're operating as a dealer. State and local laws also apply.

There is information on the sale of firearms by an 03FFL on the first few pages of the brown Firearms: Curios or Relics list that you should have received when you got your license.

Tamara · March 1, 2009, 08:18 AM

Fifteen might be enough to raise eyebrows. You could certainly pick the one or two best for your collection, sell a few, and use the remainder as trading fodder, and I don't think it would raise many eyebrows.

Old Gaffer · March 6, 2009, 02:59 PM

I don't believe the issue is whether or not you make money, but whether or not you're engaging in the business of buying an selling guns. You're suggesting moving 15 guns through your license - guns in which you've (at least here) expressed no personal interest in, or history of collecting, and I think that puts this outside the purpose of the C&R license.

OTOH, you could acquire them as an established collection, then some "reasonable" time later, decide it's not what your interested in collecting.

Given today's political climate, it's not a situation I'd want to put to the test.

All the best,
Rob

James K · March 6, 2009, 03:22 PM

AFAIK, there has never been any question about what you can sell to other licensees, as long as you record the sales. The question comes in when a C&R license holder sells to non-licensees; that is when a quantity sale would involve questions of dealing.

The whole purpose of the collectors license is to allow licensed collectors to buy, sell, and trade among themselves in interstate commerce without having to go through dealers. The only problem could be sales within states that do not recognize a collectors license; then licensees would have to conform to the same laws as non-licensees.

Jim

carguychris · March 6, 2009, 05:07 PM

Here's how I would do it. He doesn't need a license to sell or ship rifles to out-of-state C&R licensees himself. Offer the "broker" the sale by helping him find potential buyers, check over the paperwork, make sure any applicable state laws are satisfied, etc.

Seminole · March 11, 2009, 04:28 PM

garryc, carguychris made a great suggestion.

Why don't you broker one of those Persian babies on over to me--I don't mind accepting a rifle from a non C&R holder!

February 28, 2009, 11:26 PM	#1
garryc Senior Member Join Date: November 12, 2005 Posts: 2,536	Can I do This My buddy is getting ready to retire. He wants to move so he wants to sell off a large number of guns. One lot is 15 excellant Persian Mausers. Can I book them in then sell them to other C+R holders as long as I don't make any money?

March 1, 2009, 01:07 AM	#3
Don H Senior Member Join Date: May 8, 2000 Location: SLC,Utah Posts: 2,704	A C&R holder is allowed to sell off firearms to improve his collection, that is, he can buy several of a model and sell the less desireable ones. The collector can even make a profit on a sale; for example, an SKS bought 10 years ago could legally be sold today at today's market value. The thing is, you can't sell so many guns that it looks to the BATF like you're operating as a dealer. State and local laws also apply. There is information on the sale of firearms by an 03FFL on the first few pages of the brown Firearms: Curios or Relics list that you should have received when you got your license. __________________ Don http://www.utahconcealedcarry.com/forum/ Last edited by Don H; March 1, 2009 at 01:13 AM.

March 1, 2009, 08:18 AM	#4
Tamara Moderator Emeritus Join Date: March 11, 2000 Location: Indianapolis, IN Posts: 16,002	Fifteen might be enough to raise eyebrows. You could certainly pick the one or two best for your collection, sell a few, and use the remainder as trading fodder, and I don't think it would raise many eyebrows. __________________ MOLON LABE! 2% Unobtainium, 98% Hypetanium. The Arms Room: An Online Museum.

March 6, 2009, 05:07 PM	#7
carguychris Senior Member Join Date: October 20, 2007 Location: Richardson, TX Posts: 7,523	Here's how I would do it. He doesn't need a license to sell or ship rifles to out-of-state C&R licensees himself. Offer the "broker" the sale by helping him find potential buyers, check over the paperwork, make sure any applicable state laws are satisfied, etc. __________________ "Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak

Thread Tools	Search this Thread
Show Printable Version Email this Page	Search this Thread: Advanced Search

March 1, 2009, 12:45 AM	#2
M4Sherman Senior Member Join Date: February 15, 2009 Posts: 408	well your allowed to sell a limited amount of guns per year with out a license I believe but I cant be for sure

March 6, 2009, 02:59 PM	#5
Old Gaffer Senior Member Join Date: December 20, 2006 Location: Ft. Washington, MD Posts: 288	I don't believe the issue is whether or not you make money, but whether or not you're engaging in the business of buying an selling guns. You're suggesting moving 15 guns through your license - guns in which you've (at least here) expressed no personal interest in, or history of collecting, and I think that puts this outside the purpose of the C&R license. OTOH, you could acquire them as an established collection, then some "reasonable" time later, decide it's not what your interested in collecting. Given today's political climate, it's not a situation I'd want to put to the test. All the best, Rob

March 6, 2009, 03:22 PM	#6
James K Member In Memoriam Join Date: March 17, 1999 Posts: 24,383	AFAIK, there has never been any question about what you can sell to other licensees, as long as you record the sales. The question comes in when a C&R license holder sells to non-licensees; that is when a quantity sale would involve questions of dealing. The whole purpose of the collectors license is to allow licensed collectors to buy, sell, and trade among themselves in interstate commerce without having to go through dealers. The only problem could be sales within states that do not recognize a collectors license; then licensees would have to conform to the same laws as non-licensees. Jim

March 11, 2009, 04:28 PM	#8
Seminole Member Join Date: April 30, 2002 Posts: 39	garryc, carguychris made a great suggestion. Why don't you broker one of those Persian babies on over to me--I don't mind accepting a rifle from a non C&R holder!