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Selling a recent purchase

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FarmerRick:

--- Quote from: whatsit on November 20, 2012, 08:33:07 AM ---Using an FFL is optional. The FFL will most certainly perform a background check.

--- End quote ---

If the purchaser has a CCW or a NE Firearm purchase permit, there will be no background check.

I don't understand the thought process of involving a FFL in a private sale. There is no requirement for this.  If you don't trust the person you are selling the gun to enough to believe that they are not a prohibited person, why are you selling them a gun? ? ?

bigmountainskiercfg:
No no no. Sorry I don't question their background at all. I just don't want to do anything illegally or be questioned at all about being a straw purchaser.  I was simply inquiring as I've never sold a new gun before and just remember the first box you check on the form (is this gun for you) when I picked them up which had me nervous about selling them. I thought using an ffl might make it "more legal" if ever questioned. I was planning on signing a bill of sale and all that jazz for my records only. I appreciate the help and info. Keep it coming.

RLMoeller:
Bill of sale is all I would recommend.

CitizenClark:

--- Quote from: bigmountainskiercfg on November 20, 2012, 12:39:36 AM ---I had a question maybe someone wiser can shed some light on. I bought 3 guns all the same model as an investment as i got a screaming deal on them. I took one out shooting with a couple buddies plinking at cans.  Long story short the want to get something similar to mine?  What are the rules on selling a rifle when you have only had it a few days? I would guess they would want new the new ones that haven't been shot?  I've only sold used rifles before and I'm don't want to break any laws ????

--- End quote ---

I would be careful about describing your original purchase as an "investment" because that might imply that you bought the firearms for the purpose of resale. If you are buying and selling firearms for the purpose of pecuniary gain, you could be perceived as crossing the line into commercial activities for which you would need to be federally licensed as a firearms dealer. See http://law.onecle.com/uscode/18/921.html

(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.

With that said, it sounds to me like you found what you considered to be an excellent deal for some firearms you wanted to add to your collection. Now your friends have persuaded you to sell some individual firearms from your personal collection, and so you are doing so. It doesn't sound like your bought the firearms "with the principal objective of livelihood and profit." It sounds to me like you bought the firearms with the principal objective of improving your personal firearms collection, and now you are selling some of your collection.

bigmountainskiercfg:
Thanks for the help and incites.  I think I will play it safe and keep the guns, point them to some local gun shops.  Maybe down the road I will sell them but for now, I will just let them sit in my safe and hopefully go up in value (not likely as they are common guns).  Not worth the potential problems that could come about selling them so quickly.  Thanks again- 

Clay

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