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re: US Dept of Justice now says you have to have a FFL to sell a gun “for profit”

Posted on 4/11/24 at 10:28 am to
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261249 posts
Posted on 4/11/24 at 10:28 am to
quote:

After including the value of maintenance, storage and fuel(ammo) cost over the years all of mine are sold at a loss.


Indeed.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423181 posts
Posted on 4/11/24 at 10:29 am to
quote:

Yeah, thats impressively specific

That's the statute.

The reg (the subject of this thread and stout's) is making much more specific definitions, per your request.

Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261249 posts
Posted on 4/11/24 at 10:29 am to
quote:



The reg (the subject of this thread and stout's) is making much more specific definitions


What are they? Does it apply to relics?


This post was edited on 4/11/24 at 10:30 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423181 posts
Posted on 4/11/24 at 10:29 am to
quote:

After including the value of maintenance, storage and fuel(ammo) cost over the years all of mine are sold at a loss.

If you're holding weapons for years and firing them, unless you sell a ton of them for profit you're safe
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
68359 posts
Posted on 4/11/24 at 10:30 am to
quote:

I'm positive he is a very rare case but the textbook of who this law is likely designed for.


This law is to target anybody that has a gun.

Theu are making lists of firearm holders, that is not in debate.

Why are they doing that? Pretty obvious it is to find out political opposition
Posted by texag7
College Station
Member since Apr 2014
37553 posts
Posted on 4/11/24 at 10:32 am to
quote:

to sell a gun “for profit”


Cash is a wonderful currency.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261249 posts
Posted on 4/11/24 at 10:32 am to
quote:


Theu are making lists of firearm holders, that is not in debate


Even doing random checks to make sure you still own them.

Its creating paranoia, and its understandable.
Posted by LegalEazyE
Madison, Wisconsin
Member since Nov 2023
2446 posts
Posted on 4/11/24 at 10:32 am to
Lib SFP couldn't help himself from immediately posting to tell us this is okay and we are being paranoid, misinformed right-wing MAGA whackos. Of course, and as usual, he is wrong.
This post was edited on 4/11/24 at 10:35 am
Posted by Taxing Authority
Houston
Member since Feb 2010
57358 posts
Posted on 4/11/24 at 10:34 am to
quote:

if there is other behavior to suggest commercial activity.

quote:

You left that part out. Now you're expanding the discussion beyond selling a gun for profit.

Sure. The federal government has never used nor abused the idea of commerce to regulate intrusively.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261249 posts
Posted on 4/11/24 at 10:34 am to
quote:



Cash is a wonderful currency.


My FFL only deals in cash for routine transfers and purchases. He's got a load of '98 Mausers that dont require background checks.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423181 posts
Posted on 4/11/24 at 10:35 am to
quote:

What are they?


Here is the link

"Relic" is referenced 27 times. I think this may answer your question

quote:

Nonetheless, the Department agrees that collecting “curios or relics” (as defined in 27 CFR 478.11), “collecting unique firearms to exhibit at gun club events,” “historical re-enactment,” and “noncommercial firearms safety instruction” should be added to the specific examples of firearms acquired for a “personal collection,” and has added them to this final rule.


quote:

Under the GCA, 18 U.S.C. 921(a)(13), the term “collector” means “any person who acquires, holds, or disposes of firearms as curios or relics.” A firearm is a “curio” or “relic” when it: (1) is “of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons”; and (2) either (a) was manufactured at least 50 years prior to the current date, (b) was certified by a museum curator to be a curio or relic of museum interest, or (c) derives a substantial part of its monetary value from the fact that it is novel, rare, bizarre, or because of its association with some historical figure, period, or event. 27 CFR 478.11


quote:

The rule finalizes the definition of “Personal collection (or personal collection of firearms or personal firearms collection)” with some additional clarifying edits. First, headers were added to each main paragraph for clarity. Second, a parenthetical was added to clarify that “collecting curios or relics” and “collecting unique firearms to exhibit at gun club events” are examples of firearms accumulated “for study, comparison, exhibition,” and that “historical re-enactment” and “noncommercial firearms safety instruction” are examples of firearms accumulated “for a hobby.”


Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261249 posts
Posted on 4/11/24 at 10:35 am to
quote:

Lib SFP couldn't help himself from immediately post to tell us we were being paranoid, misinformed right-wing MAGA whackos. Of course, and as usual, he is wrong.


In his rush to prove the rednecks wrong, he leaves out a lot of stuff.

I dont think he's socially cognizant enough to know the difference between being a liaison and an advocate.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423181 posts
Posted on 4/11/24 at 10:36 am to
quote:

Lib SFP couldn't help himself from immediately posting to tell us this is okay

That's a lie

quote:

and we are being paranoid, misinformed right-wing MAGA whackos.

This is correct
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423181 posts
Posted on 4/11/24 at 10:36 am to
quote:

The federal government has never used nor abused the idea of commerce to regulate intrusively.

My comments weren't judging the law. They were an objective analysis of what that law is, not its propriety or goodness/evilness.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423181 posts
Posted on 4/11/24 at 10:37 am to
quote:

In his rush to prove the rednecks wrong, he leaves out a lot of stuff.

Rog I'm literally the only person in this thread who posted from the actual Rule proposal and proposed rule
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261249 posts
Posted on 4/11/24 at 10:37 am to
quote:

The rule finalizes the definition of “Personal collection (or personal collection of firearms or personal firearms collection)” with some additional clarifying edits. First, headers were added to each main paragraph for clarity. Second, a parenthetical was added to clarify that “collecting curios or relics” and “collecting unique firearms to exhibit at gun club events” are examples of firearms accumulated “for study, comparison, exhibition,” and that “historical re-enactment” and “noncommercial firearms safety instruction” are examples of firearms accumulated “for a hobby.”


So, back to my point here, if my FFL sells them now as relics, he is required to go through background checks.

Correct?
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261249 posts
Posted on 4/11/24 at 10:38 am to
quote:


Rog I'm literally the only person in this thread who posted from the actual Rule


Youre pretending this doesnt add additional restrictions.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423181 posts
Posted on 4/11/24 at 10:39 am to
quote:

if my FFL sells them now as relics, he is required to go through background checks.

This rule doesn't have anything to do with that question, so I can't answer it. I'm not an expert on general relic law and federal laws/regs.
Posted by finchmeister08
Member since Mar 2011
35740 posts
Posted on 4/11/24 at 10:39 am to
Posted by jimmy the leg
Member since Aug 2007
34309 posts
Posted on 4/11/24 at 10:40 am to
What if you sell a stick of gum where the gun is lagniappe?
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