August 3, 2011, 03:41 PM | #1 | |
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Being "in the business"
Sorry if I'm beating a dead horse, but I saw this tidbit in a link that was in another forum and it's something that I get asked about from time to time - what constitutes being in the business, when it comes to selling C&R guns. You know how the question goes.
The question was posed in the context of being a dealer in NFA guns, but I believe that the answer also fits the C&R realm, too. The long and short is that the answer is "it depends", but here's the full quote from the Prince Law Offices (http://blog.princelaw.com): Quote:
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August 3, 2011, 04:17 PM | #2 |
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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 |
August 3, 2011, 04:40 PM | #3 |
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You will definitely be suspect if you routinely have multiple tables at the local gunshow and maintain a constant stock of any type of firearms or ammunition. Repetitive orders for multiples of any type of firearm from a wholesaler will trigger a visit to inspect your books. If you are after something specific, it is much simpler to pay a premium and have the wholesaler sell you what you want the first time instead of buying and selling dozens of unselected firearms of the same type hoping to get what you want by blind luck.
Clearly, the absolute number of firearms sold is not the sole criterion since we all know that Pat Burns is "in the business" and yet she has no license and BATFE is allowing her to sell off her "collection". I think it would be hard to argue that she doesn't do it with the intent of making a living and spends considerable time, effort and attention to the enterprise. Yet another example of unconstitutional laws selectively enforced by an illegal agency? Could be. I may be handicapped by the ability to read.
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