Buy/Sell private individuals

[Dannyboy]

Here's another question:

What will happen to the buying/selling between private individuals, such as on armslist.com?

Will people still be able to sell revolvers, shotguns, whatever, locally privately, without any kind of regulations?

[cb1000rider]

That appears to be the case. It's going to be a hot button issue. So that "loophole" still exists. Seems silly to me to regulate dealers, but allow private party sales with no means to check on who you're selling to or what weapon you're buying, but that's just me.


Apparently the feds will apply the classification of "dealer" to a larger group of people - the exact quantity of firearms sold and frequency requirements are not posted, but apparently will be considered. People who the government says are dealers will need to be licensed and do background checks.

[Dannyboy]

I just checked out armslist.com, it seems to be business as usual with the private party sales, at least here in Texas.

[cb1000rider]

Likely AndyC will continue to be able to unless he crosses some TBD threshold for number of sales and frequency of those sales...

[CleverNickname]

All that happened was the president went on TV and cried. Literally nothing changed in regards to non-licensees selling firearms. Read the law, it's pretty self-explanatory:

18 USC 921:

(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;

[cyphertext]

All that happened was the president went on TV and cried. Literally nothing changed in regards to non-licensees selling firearms. Read the law, it's pretty self-explanatory:

18 USC 921:

(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;

Exactly... pandering to his constituents, trying to look like he is doing something... yet these things are already law today.

[cb1000rider]

The terms are pretty vague - so if there are no cases establishing thresholds, my guess is that he can very much change if he can order enforcement...

[cyphertext]

The terms are pretty vague - so if there are no cases establishing thresholds, my guess is that he can very much change if he can order enforcement...

They really aren't... every term he used is already defined in the statute. This is more of a show that he is trying to do "something" but those bad republicans keep getting in the way.

[TexasFlash]

I wonder if the groups involved with gun "buy-backs" will be in trouble w/BATF?...one can only hope

[rentz]

atf has posted a guide regarding who need a license and its fairly clear if you are occasionally buying and selling as a collector or hobbyist then you are fine.

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


what was enhanced was they will start prosecuting more cases that they may not have before, my assumption is they will devote more resources to investigation and prosecution of those who are clearly selling without a license or buying large volumes as an individual and then selling

honestly i dont think anythings changed in regard to most here

[cb1000rider]

what was enhanced was they will start prosecuting more cases that they may not have before, my assumption is they will devote more resources to investigation and prosecution of those who are clearly selling without a license or buying large volumes as an individual and then selling

It's dated 1/2016. That's good. Honestly, if this is the case, I don't see what all the anti-Obama hub-bub is about. Many of us have been asking for more enforcement of the laws on the books.

[JALLEN]

Governing is not about "doing" good, it's about "feeling" good.

It's about activity, which is a substitute for accomplishment, "doing something" even if it is fruitless, ineffective. If you do something meaningful, you just make one side mad.

This way, you can take credit for "doing something" even if it is utterly ineffective.