FFL and private sales?

[Redhawk1]

I live in Delaware and I buy and sell guns all the time. I sell a lot of different guns. From handguns to rifles. I know I can sell or buy any gun without going to a FFL as long as it is a private sale. I know some people like to use a FFL. Also if a contender or Encore frame was bought as a rifle does it always stay a rifle? Even though it can be made into a pistol. I was under the impression, it is what ever it was registered as when first bought. How does the FFL and private sales work in your State?  :grin:

[DesertRam]

You can do all the private sales you want in NM without the aid of a FFL holder.  Ship across a state line, though, and the the FFL must be involved.

[Frog123]

I was thinking that after you had engaged in a certain number of sales or transactions you were now functioning or acting in the capacity of a dealer and had to be licensed as such. There is an article linked to the ATF's site concerning an individual who had done so and was charged and convicted of selling firearms without a license and had his entire collection confiscated. Might be worth checking on, just to find what the limits are to prevent some unnecessary heart ache.  :cry:

Frog

[Redhawk1]

you got that right Chris. I have sold a lot of my personal guns. Here in Delaware I have not see anything regarding the amount of personal guns you can sell. I have gone to estate sales and seen up to 40 to 50 guns for sale and no FFL was required.

[Graybeard]

Frog,

unless you were selling a bunch in a store front, or had a table setup at a gun show it would be very hard for them to prove your acting in the capacity of a dealer. you'd have to go through some serious volume in a month's time i would guess...

Don't bet the farm on it! I was investigated many years ago for being a dealer just on the volume of guns I was buying without them even having a clue where they went or if I even still had them. Managed to convince them I wasn't dealing but they can key on anything so don't make any bets they will not track you down.

If you buy and sell for profit even if it is just a few per year you are technically a dealer and require an FFL. Buying guns for the purpose of resale makes you a dealer.

GB

[Redhawk1]

I never intend to sell my guns, it just works out that way. I buy a gun and if I don't like it, like I thought I would, I either sell it or trade it. For some reason, I never come out making any money. I loose a little.  :cry:

[amboswell]

OK - Lots of opinions mixed with some truth and some conjecture.
Here's the BATFEs FAQ for unlicensed persons.

http://www.atf.gov/firearms/faq/faq2.htm#b

Basically - you are unrestricted on transfers between two state residents, except for NFA weapons.

Once you cross state lines via shipping or personal transport it gets sticky.

Bert

[K2]

Hi Redhawk

I think you might be mixing federal and state issues.  FFL means Federal Firearms License so one would think federal laws would apply.  

On the TC Encore frame that is a very interesting one.  There is no way a buyer of a used bare frame would know if it was originally a "rifle" or a "pistol". A frame is a frame but we live in interesting times so maybe there is an answer.  I know the Contender was in a case that went to the US Supreme court I believe over the issue of the but stock and short barrels and if it is illegal to have in possesion frames, buttstocks, and short and long barrels.  Perhaps someone here knows the case number and year so it could be looked up.  Might be interesting to read.  

All I can tell you is if you think it might be illegal better to find out first rather than later the hard way.  There are still a fair number of people that think no regular citizen should own any guns at all, regardless of what the 2nd amendment really says.    

I live in Delaware and I buy and sell guns all the time. I sell a lot of different guns. From handguns to rifles. I know I can sell or buy any gun without going to a FFL as long as it is a private sale. I know some people like to use a FFL. Also if a contender or Encore frame was bought as a rifle does it always stay a rifle? Even though it can be made into a pistol. I was under the impression, it is what ever it was registered as when first bought. How does the FFL and private sales work in your State?  :grin:

[Redhawk1]

I just went to the local gun shop and had them enter the frame in the book and I did the back round check. The Encore frame was on a Muzzleloader originally but I bought it with a pistol grip attached and forend. I had it registered as a pistol.  

[K2]

Registration must be a state thing.  If a FFL can change what a "gun" is from a muzzleloader to a pistol then there must not be a prohibition against this from the fed side of the equation.  So if you were to sell the same frame to someone that wanted a rifle in center fire I would guess that it would be then registered in Delaware as a rifle?  I think this might be what the Supreme Court looked into and just said it is what it is currently configured as or something else?  It would be interesting to read.  

I just went to the local gun shop and had them enter the frame in the book and I did the back round check. The Encore frame was on a Muzzleloader originally but I bought it with a pistol grip attached and forend. I had it registered as a pistol.