NFOA MEMBERS FORUM

General Categories => General Firearm Discussion => Topic started by: depserv on September 08, 2014, 04:18:18 PM

Title: querstion re: legal to sell at gun shows?
Post by: depserv on September 08, 2014, 04:18:18 PM
Is there any law against selling hard plastic letter openers that look and function more or less like daggers and switchblades at a gun show in Nebraska?

What does a non-dealer have to do to be sure that if he sells a handgun at a gun show he is not breaking any law?
Title: Re: querstion re: legal to sell at gun shows?
Post by: RLMoeller on September 08, 2014, 04:22:20 PM
I can't help you with the dagger question.

As for selling a handgun:
Nebraska Statute 69-2403 a firearm purchase certificate is required to purchase, lease, rent, or receive a handgun.

So just verify the purchaser has a Nebraska Firearm Purchase certificate or Nebraska Concealed Handgun Permit. 

Would be a good idea to have a Bill of Sale for both parties.
Title: Re: querstion re: legal to sell at gun shows?
Post by: newfalguy101 on September 08, 2014, 07:00:56 PM
The only place I know of off hand where switch blades are illegal is Lincoln.

RLMoeller answered the 2nd question nicely

Title: Re: querstion re: legal to sell at gun shows?
Post by: FarmerRick on September 08, 2014, 08:02:18 PM
The only place I know of off hand where switch blades are illegal is Lincoln.

RLMoeller answered the 2nd question nicely

Yes, you definitely don't want to even try to sell anything that is close to an "assisted opening" or "automatic" knife at the Lincoln gun show.  The Men(or as the case was, Woman) in Blue will be along shortly to show you the error of your ways.

More info here: http://nebraskafirearms.org/forum/index.php/topic,4878.0.html (http://nebraskafirearms.org/forum/index.php/topic,4878.0.html)
Title: Re: querstion re: legal to sell at gun shows?
Post by: David Hineline on September 12, 2014, 02:38:36 AM
As for selling a personal firearm, it has been covered.  Just don't buy a gun with the intention of resale, that requires a dealers license.
Title: Re: querstion re: legal to sell at gun shows?
Post by: newfalguy101 on September 12, 2014, 10:35:41 PM
Just don't buy a gun with the intention of resale, that requires a dealers license.

Oh??

Care to site your source??
Title: Re: querstion re: legal to sell at gun shows?
Post by: David Hineline on September 13, 2014, 01:13:21 AM
http://www.atf.gov/firearms/faq/curios-relics.html#dealers (http://www.atf.gov/firearms/faq/curios-relics.html#dealers)

What does “engaged in the business” mean?

The term “engaged in the business,” as applicable to a firearms dealer, is defined as 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.

[27 CFR 478.11]
Title: Re: querstion re: legal to sell at gun shows?
Post by: barmandr on September 13, 2014, 01:18:50 AM
Just don't buy a gun with the intention of resale, that requires a dealers license.

That's BS.  As long as you do not make it a main source of income, you're fine.  Flipping a gun periodically is perfectly fine.  Give correct advice if you're going to give it.
Title: Re: querstion re: legal to sell at gun shows?
Post by: Gary on September 13, 2014, 01:49:24 AM
On one hand we make videos asking folks to join, and when they join, we chew their backside and do name calling.      How about we tone down the righteous indignation.

if we want to build up the active membership,  we should try to be kind to one another.
Title: Re: querstion re: legal to sell at gun shows?
Post by: barmandr on September 13, 2014, 02:52:05 AM
On one hand we make videos asking folks to join, and when they join, we chew their backside and do name calling.      How about we tone down the righteous indignation.

if we want to build up the active membership,  we should try to be kind to one another.

Show one single post in this thread with ANY name calling whatsoever.  As far as new members, I have absolutely no idea what you're referring to...the newest member in this thread is you.  What new member got their backside chewed?  As far as righteous indignation...he gave absolutely BS and totally incorrect information.  If you thought that was a bit harsh, too bad.  I'll call BS when I see it.  Man, you post some odd posts...
Title: Re: querstion re: legal to sell at gun shows?
Post by: ILoveCats on September 13, 2014, 08:00:05 AM
Yes, you definitely don't want to even try to sell anything that is close to an "assisted opening" or "automatic" knife at the Lincoln gun show.  The Men(or as the case was, Woman) in Blue will be along shortly to show you the error of your ways.

More info here: http://nebraskafirearms.org/forum/index.php/topic,4878.0.html (http://nebraskafirearms.org/forum/index.php/topic,4878.0.html)

 I read the other thread, but am wondering about the assisted opening reference here.  I just bought an assisted opening knife at the Tractor Supply in Lincoln. Not legal?
Title: Re: querstion re: legal to sell at gun shows?
Post by: FarmerRick on September 13, 2014, 08:25:19 AM
I read the other thread, but am wondering about the assisted opening reference here.  I just bought an assisted opening knife at the Tractor Supply in Lincoln. Not legal?

That would be for the lawyers to determine, and IANAL...  but I wouldn't lose much sleep over it.


As for the above quote from the ATF by Mr. Hineline, I think this is the key portion of it...

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.

Title: Re: querstion re: legal to sell at gun shows?
Post by: ILoveCats on September 13, 2014, 09:36:14 AM

As for the above quote from the ATF by Mr. Hineline, I think this is the key portion of it...

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.

Personally, I'd like to hope common sense would prevail and someone who "flips" maybe three or four guns in his life isn't a dealer, per se. 

If I go to the gun show and see a GP-100 327 magnum with some carbon fouling spots at 32 Auto depth in the chambers that needs a little scrubbing (ref another recent thread), and it is a good price, I'd be tempted to buy it for expected appreciation only. Those 327s are a hot commodity now since the manufacturers let the cartridge fade even further into obscurity.