ATF guidance and examples regarding "DO I NEED A LICENSE TO BUY AND SELL FIREARMS?"

[Frank121]

ATF guidance and examples regarding "DO I NEED A LICENSE TO BUY AND SELL FIREARMS?"

I have seen posts in several gun forums (including this one) discussing the criteria for having to purchase a federal license to buy and sell guns.

I saw this 2016 publication yesterday and thought it gave really good guidance with real-life examples to better understand when a Federal Firearms License is required under federal law.

https://www.atf.gov/file/100871/download

 

[Jessie]

Thanks for that info but, in typical federal lawyer fashion, there is so much wiggle room in their interpretation of the law that you could drive a semi truck through...sideways.
They repeatingly state that it "depends" on why you are selling. To make a profit? Who wants to sell their guns at a loss? The nature of firearms, and ironically, due to crazy laws, drives prices up.
They also state" regardless of the number sold or intent, you may be charged for selling without a license".
It's very open ended and subject to their interpretation.
One would think common sense would prevail, but then, we ARE talking about the government.

 

[JSR III]

Actually, the law is quite clear. If you are "engaged" in the business of buying and selling guns to make a living, you are required to have a license.

If you buy or sell part or all of your personal collection then a license is not required.

Again, there may be laws within your particular state that affect that.

For instance, here in MA, the Attorney General has amended the definition of "bonafide collector" by adding that collecting for ones own personal collection is not enough. One must educate the public about firearms and display their collection to be considered a "bonafide collector".

So regardless of Federal laws, State laws may be more strict.

 

[Ron AZ]

Frank, thanks for posting that. I thought the examples were helpful.

 

[italiansport]

Quote:
"For instance, here in MA, the Attorney General has amended the definition of "bonafide collector" by adding that collecting for ones own personal collection is not enough. One must educate the public about firearms and display their collection to be considered a "bonafide collector".

So i guess if you set up a firearms display and held educational seminars outside your State Capital on a weekly basis they would consider you a Bona fide collector??
Jim

 

[JSR III]

Quote:
"For instance, here in MA, the Attorney General has amended the definition of "bonafide collector" by adding that collecting for ones own personal collection is not enough. One must educate the public about firearms and display their collection to be considered a "bonafide collector".

So i guess if you set up a firearms display and held educational seminars outside your State Capital on a weekly basis they would consider you a Bona fide collector??
Jim

That would raise a whole new set of issues as the state house is in Boston. Boston has its own set of draconian rules.

I do however attend any local S&WCA meetings and any time a local club has a swap mete that allows displays, I will buy a table and attend. If you notice the photo in my avatar, it was taken at a recent S&WCA local gathering and supplies me with dated photographic evidence should I ever have to dance with the powers that be.

 

[Frank121]

Frank, thanks for posting that. I thought the examples were helpful.

Thanks, Ron. They were very helpful in my understanding of the differentiation between needing a license or not and how to stay on the non-license side.