ATF/Selling guns

[LokhXIV]

From what I've read and seen, you'll have to work pretty hard to get the ATF after you for this. I'm pretty sure it was outlined that selling large quantities from a deceased relative is fine and downsizing a collection is fine. What gets you into trouble is if you're buying the same firearm multiple times and selling it privately.

There's always that chance they could go after you for a single sale, but it's pretty much like worrying about a cop giving you a speeding ticket for going 56 in a 55.

 

[BehindBlueI's]

I've heard a lot about the possibility of the ATF taking you to task for selling guns privately without being a FFL, expecting to make a profit etc.

Non-issue. You can make a profit. ATF guidelines for an individual "engage in business" are:

...a person would be presumed to be engaged in the business of dealing in firearms when the person:

1) sells or offers for sale firearms, and also represents to potential buyers or otherwise demonstrates a willingness and ability to purchase and sell additional firearms;

(2) spends more money or its equivalent on purchases of firearms for the purpose of resale than the person’s reported taxable gross income during the applicable period of time;

(3) repetitively purchases for the purpose of resale, or sells or offers for sale firearms—(A) through straw or sham businesses, or individual straw purchasers or sellers; or (B) that cannot lawfully be purchased or possessed


So if you're not offering to buy guns to resell for people, aren't spending more on guns than you earn and reselling them to pay your living expenses, and aren't having other people buy/steal guns for you that you are reselling repeatedly...you are fine.

 

[Airtevron1]

From what I've read and seen, you'll have to work pretty hard to get the ATF after you for this. I'm pretty sure it was outlined that selling large quantities from a deceased relative is fine and downsizing a collection is fine. What gets you into trouble is if you're buying the same firearm multiple times and selling it privately.

There's always that chance they could go after you for a single sale, but it's pretty much like worrying about a cop giving you a speeding ticket for going 56 in a 55.

I got a ticket for 60 in a 55...

 

[Michigan Slim]

I got a ticket for 60 in a 55...

Me too. And 63 in a 55.

 

[1nderbeard]

I realize this is sometimes not accurate but

1 - Keep your mouth shut when talking to any government agent
2 - Assume there is someone looking at everything you post online, and everything you text, and probably everything you talk about on the phone

If you do those two things, you'll probably be fine.

 

[Mgderf]

I got a ticket for 60 in a 55...

"I, can't, drive, 55..."

 

[nickc]

I'm getting ready to sell my 1911 and was wondering this as well, everything is clear as mud in regards to gun sales lol

 

[DadSmith]

Well shoot.
I come to this thread thinking the ATF was selling confiscated firearms back to the public.

 

[manifest destiny]

The rules will be applied as needed.

 

[wwdkd]

I wouldn't worry about it.