Pennsylvania Firearm Owners Association
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  1. #1
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    Default when does selling guns turn into being a dealer

    As I understand, selling a gun is legal without having an ffl up to a point.

    So how many guns can one sell before they are considered a dealer? What If the gun is converted or manufactured by the unofficial dealer?
    Believe those who are seeking the truth; doubt those who find it.

  2. #2
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    Default Re: when does selling guns turn into being a dealer

    If you buy and sell guns for the purpose of resale/profit - you need a FFL.

    If you build/manufacture firearms for the purpose of resale you need a manufacturers license.

    If you sell firearms you do not want/need simply to enhance your collection by turning the item into money for another purchase or to use the money elsewhere you do not need an FFL.

    If you manufacture a firearm for your own personal use and later decide to sell it/them you do not need a manuf lic.
    Last edited by Pa. Patriot; May 1st, 2008 at 03:35 PM.

  3. #3
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    Default Re: when does selling guns turn into being a dealer

    The statute speaks of devotion to an effort for the purpose of a livelihood; however, the executive will surely arrest you for much less and a jury will convict you for even lessor.

    You are selling instruments that destroy our youth, our families, and innocent people, that fuel wars, drug/sex/slave trades, and that kill the people that make our economy run.

    Quote Originally Posted by 18USC923(a)
    (a) No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, until he has filed an application with and received a license to do so from the Attorney General. The application shall be in such form and contain only that information necessary to determine eligibility for licensing as the Attorney General shall by regulation prescribe and shall include a photograph and fingerprints of the applicant. Each applicant shall pay a fee for obtaining such a license, a separate fee being required for each place in which the applicant is to do business, as follows:
    Quote Originally Posted by 18USC921(a)...
    (a) As used in this chapter—
    [...]
    (11) The term “dealer” means
    (A) any person engaged in the business of selling firearms at wholesale or retail,
    (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or
    (C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter.
    [...]
    (21) The term “engaged in the business” means
    [...]
    (C) as applied to a dealer in firearms, as defined in section 921 (a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;
    [...]
    (22) The term “with the principal objective of livelihood and profit” means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph, the term “terrorism” means activity, directed against United States persons, which—
    (A) is committed by an individual who is not a national or permanent resident alien of the United States;
    (B) involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the United States; and
    (C) is intended—
    (i) to intimidate or coerce a civilian population;
    (ii) to influence the policy of a government by intimidation or coercion; or
    (iii) to affect the conduct of a government by assassination or kidnapping.
    Last edited by pex; May 1st, 2008 at 04:38 PM.

  4. #4
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    Default Re: when does selling guns turn into being a dealer

    Quote Originally Posted by pex View Post
    You are selling instruments that destroy our youth, our families, and innocent people, that fuel wars, drug/sex/slave trades, and that kill the people that make our economy run.


    what exactly is your point in posting this, and where exactly are going with this?

    You obviously knew the federal law on this question, what exactly is your agenda here?
    "Oderint Dum Metuant" - BMFH

    "Tact is for people not witty enough to use sarcasm"

    Note: any whingeing crazy that hits my PM inbox will be deleted without reply

  5. #5
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    Default Re: when does selling guns turn into being a dealer

    A person ought to know that there is 'law', and then there are the people who deal in law where an outcome may not reflect the law.

    You can't strike every antigunner off the jury and you're not going to have a judge recuse him/herself on the same matter. The ATF is no friend of gunowners.
    Last edited by pex; May 1st, 2008 at 05:05 PM.

  6. #6
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    Default Re: when does selling guns turn into being a dealer

    "what exactly is your point in posting this, and where exactly are going with this?

    You obviously knew the federal law on this question, what exactly is your agenda here?"

    Hey Jay,
    Go through his posts, even back to when he first started posting and you will see a trend.

    Pa. Patriot's post +1

  7. #7
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    Default Re: when does selling guns turn into being a dealer

    Question answered, thank you.
    Believe those who are seeking the truth; doubt those who find it.

  8. #8
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    Default Re: when does selling guns turn into being a dealer

    Quote Originally Posted by pex View Post
    A person ought to know that there is 'law', and then there are the people who deal in law where an outcome may not reflect the law.

    You can't strike every antigunner off the jury and you're not going to have a judge recuse him/herself on the same matter. The ATF is no friend of gunowners.
    actually, in court, I would respond "Objection : Unresponsive "

    answer the question I posed, instead of dissembling.
    "Oderint Dum Metuant" - BMFH

    "Tact is for people not witty enough to use sarcasm"

    Note: any whingeing crazy that hits my PM inbox will be deleted without reply

  9. #9
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    Default Re: when does selling guns turn into being a dealer

    Quote Originally Posted by pex View Post
    The statute speaks of devotion to an effort for the purpose of a livelihood; however, the executive will surely arrest you for much less and a jury will convict you for even lessor.

    You are selling instruments that destroy our youth, our families, and innocent people, that fuel wars, drug/sex/slave trades, and that kill the people that make our economy run.
    I sure as hell hope that was a joke. Maybe you can answer JayBells Q, instead of dodging. You had ther ballz to post it, now cash the check your mouth just wrote.

    Dave

    P.S. I just put some popcorn in the mic and now I'm waiting with bated breath.
    Last edited by Brown-Bear; May 1st, 2008 at 10:20 PM.
    3%

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