What many of us expect, however, is that BATFE will step up its enforcement efforts and more part-time or occasional sellers of firearms will be prosecuted for failing to have a FFL (and perform background checks) if they meet the existing statutory definition of being "engaged in the business" of selling firearms. In this regard, the "guidance document" issued by BATFE references prior court decisions that have held that persons were engaged in the business of selling firearms "when as few as two firearms were sold or when only one or two transactions took place, when other factors were present." Those other factors include using business cards, advertising, and representing themselves to be dealers. All of this "guidance" is based on existing federal law, but that law will likely now be enforced with much more frequency - and with the assistance of 200 additional BATFE agents in 2017.
So, is listing a firearm for sale "advertising"?
I think the point you brought out about it being just one "factor" is important.A question for your friendly neighborhood ATF agent. My answer - yes. But that's just one "factor."
I think the point you brought out about it being just one "factor" is important.
I also think that it would be well worth someone's time to take a look at the BATFE "guidance document" mentioned in your previous post and get a better understanding about "advertising" related to the context of other "factors" as a whole before freaking out about simply posting an ad in the classifieds from a personal collection.
Here's the link to the PDF. guidance document.
https://www.atf.gov/file/100871/download
I think the point you brought out about it being just one "factor" is important.
I also think that it would be well worth someone's time to take a look at the BATFE "guidance document" mentioned in your previous post and get a better understanding about "advertising" related to the context of other "factors" as a whole before freaking out about simply posting an ad in the classifieds from a personal collection.
Here's the link to the PDF. guidance document.
https://www.atf.gov/file/100871/download
I think if you are regularly buying and selling guns for profit, you should be concerned.
I hear ya. They might be well advised to study up on the matter. I was trying to put things in perspective for the average joe like me who posts an item occasionally in the classifieds. I've seen a few people getting a bit uptight about even conducting a casual deal anymore over this.JMHO, but I think SOME of the people, in the classy, better be careful ..... YMMV ..... IANAL .....
What he said !!!Here's something that will shock some people (and I may get physically ill): for the first time in my life (or his), I agree with the SOB/POS. If you are consistently buying and selling guns to make a profit, you should damn well get your FFL and require 4473s and NICS checks from all your purchasers. We are the f*cking good guys in this debate - let's don't lose it because we look like we're trying to sell guns to prohibited purchasers. Guy