Search found 6 matches

by mreed911
Wed Jan 06, 2016 7:41 pm
Forum: Federal
Topic: You have to become a FFL?
Replies: 35
Views: 3550

Re: You have to become a FFL?

jerry_r60 wrote:I didn't say you would be convicted, you might not. That often depends on how deep your pockets are. But years down the road and someone is looking for a scapegoat for the crime....
That fear is unfounded.

Read. The. ATF. Guidance. Doc.

It has scenarios that make this very clear.
by mreed911
Tue Jan 05, 2016 7:58 pm
Forum: Federal
Topic: You have to become a FFL?
Replies: 35
Views: 3550

Re: You have to become a FFL?

jerry_r60 wrote:
rentz wrote:I think it's a scare tactic I don't see how they could prosecute someone when it's not clearly laid out what in the business of dealing and personal collection selling is all they say is it could be as little as selling 1-2 if there are other circumstances well what are those circumstances

And how would they plan to enforce any of this ?
Where the prosecution could come is when the gun you sold gets stolen, then used in a crime and tracked back to you as the buyer but you sold without an ffl and background check.
They're not making it illegal to sell a gun person-to-person. They're confirming it illegal to make a business of doing so.

The scenario you're proposing doesn't make you an offender, you've broken no laws (unless, of course, you falsely held yourself out as a dealer).
by mreed911
Tue Jan 05, 2016 7:31 pm
Forum: Federal
Topic: You have to become a FFL?
Replies: 35
Views: 3550

Re: You have to become a FFL?

FL450 wrote:so are they going to leave the definition of occasional seller so broad stroke they can make their own determination it would constitutes that at any time and leave it up to you to out lawyer you fighting the charge
No, and it's never been that way. There's adequate case law here.
by mreed911
Tue Jan 05, 2016 6:34 pm
Forum: Federal
Topic: You have to become a FFL?
Replies: 35
Views: 3550

Re: You have to become a FFL?

Soccerdad1995 wrote:I will be interested to see how they define "in the business" of selling firearms.

There is already a definition for purposes of filing taxes using schedule C. Are they going to use that one (I think it's showing a profit for 2 out of the last 3 years or some such)? Or maybe the test will be that you have to make more than 51% of your income from profits on gun sales?
Read it for yourself.

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

If you sell handguns for the principal objective of livelihood and profit, you need a license. If you're an occasional seller, or not selling them for the income it makes, you generally don't. Lots of illustrative examples.

NOTHING changed from Friday til today in this regard.
by mreed911
Tue Jan 05, 2016 1:49 am
Forum: Federal
Topic: You have to become a FFL?
Replies: 35
Views: 3550

Re: You have to become a FFL?

ScottDLS wrote:
mreed911 wrote:
TexasJohnBoy wrote:Final rule eliminates the need of CLEO to sign off on NFA transfer allegedly....
https://www.atf.gov/file/100896/download
And replaces it with a requirement for CLEO-signed background check affidavit with fingerprints of the individual or EVERY responsible person in a trust/corporation.
No, this eliminates the sign off requirement and replaces it with NOTIFICATION.
You're wrong. Page 8:
In addition,§ 479.63 provides that the law enforcement certification located on Form 1 must be completed and signed by the local chief of police or county sheriff, the head of the State police, the State or local district attorney or prosecutor, or such other person whose certification
may be acceptable to the Director.

The certifying official must state, inter alia, that the certifying official has no information indicating that possession of the firearm by the maker would be in violation of State or local law or that the maker will use the firearm for other than lawful purposes.

The certifying official must have jurisdiction over the area within which the maker resides.

The purpose of this requirement is to ensure that the official will have access to criminal records concerning the maker, and knowledge of the State and local laws governing the transfer, receipt, and possession of the firearm by the maker.
by mreed911
Tue Jan 05, 2016 1:05 am
Forum: Federal
Topic: You have to become a FFL?
Replies: 35
Views: 3550

Re: You have to become a FFL?

TexasJohnBoy wrote:Final rule eliminates the need of CLEO to sign off on NFA transfer allegedly....
https://www.atf.gov/file/100896/download
And replaces it with a requirement for CLEO-signed background check affidavit with fingerprints of the individual or EVERY responsible person in a trust/corporation.

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