C&R legal question
The rule book says I can dispose a C&R firearm to anyone in my state who can legally own a firearm. I am fixing to order three yugo SKS rifles for my collection. I have two friends who also want one and asked if I can order one for them,as I can get a lot better price online than they can get at a show,especially ordering five at a time. I'm assuming as long as I sell them the rifles at my cost I wouldn't be considered "dealing" in firearms,am I right on this point? Or would this be considered a straw purchase? These are both close friends,not just aquaintences,and I know for a fact they can both legally buy firearms. Niether one is interested in getting their own C&R because they don't buy more than one or two guns a year most of which are new. They want the SKSs because they are a cheap rifle/ammo to plink and target shoot with. I would like to help them out by getting them a deal on the guns,but I don't want get locked up either.If this is a legal way to transfer these rifles am I supposed to call in a NICS check when disposing of rifles to a non FFL? I'm asking on here because I can get an answer in plain english,not the legal jargon no one understands. Thanks for any advice you can give.
Thanks for the answers,guys. Looks like they will have to get their own. I'm glad I asked before I bought them. Y'all have saved me from the pokey.[:I]
[:)]
Thanks for the answers,guys. Looks like they will have to get their own. I'm glad I asked before I bought them. Y'all have saved me from the pokey.[:I]
[:)]
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Do you have a NICS number? I do not think a c&r can use NICS.
I WOULD RATHER BE DUCK HUNTING.0 -
I would encourage you not to do that, as I fear these types of issues will someday end the C&R license existence. The licesne was intended soley for you to further your own collection... we don't want to get the ATF ticked off, so lets make sure we do everything "by the book." [:)] 0 -
I think IF has given good advice.
If you read your C&R book, you will clearly see that the only reason that you have been issued a license is so that you can acquire C&R firearms for your personal collection. While you are permitted to sell guns from your collection, look at from the viewpoint of an ATF agent: Someone who buys several of the same gun, but sells most of them right away, certainly LOOKS like a dealer. Many of their prosecutions are for the crime of "dealing without a license". The penalty is not just loss of your C&R; it is prison.
Selling a gun at cost is irrelevant. Gun dealers, & any other business person, can have multiple years in which they make no money.
How could ATF find out about this transaction? Well, suppose some teenager breaks into the house one of your friends, & uses the SKS to shoot up a school. Do you have any doubt that anyone connected with that gun who did anything questionable will go to jail?
Neal0 -
The only answer I can come up with is NO! "IF" and nmyers have given the reasons, and acquiring the firearms (5 no less) under your license and passing two on, no matter what the consideration, has to be viewed as dealing in firearms under the GCA.
Call your local ATF agent -- they are actually pretty good at answering this type of question.0 -
My late father-in-law told me to always remember, once you say something, you can never take it back.
I have also found that you cannot fully recover from some of those utterances.
I borrowed a gun from a good friend of mine. After I had it for about 2 years I was pretty sure I was going to like it, so we came to a price agreement then.
Just some idle thoughts....0 -
The sole purpose of the C&R license is for you to obtain C&R firearms for you personal collection. Using the license to purchase firearms at the request of friends, whether you make a profit or not, is a misuse of the license. Please do not get the idea that you have to actually make a profit selling firearms to be considered a dealer because you can loose money on every transaction every single day of the year and still be considered dealing in firearms.
"Nothing can ever be made 'idiot proof' because idiots are simply too clever"!
Mark T. Christian0 -
And all a BATFE agent would need to do is a routine check of your Bound Book, see 3 or 5 or whatever SKS's logged in one day, and within a few days see them logged out, and I think things would get unpleasant real quick. I know that there are people who use a C&R FFL to "cherry pick", that is, buy several, pick the best and sell the rest, but, in my opinion that's taking a chance also.
You're trying to be a nice guy, but you should give this a lot of thought.
Noli Illegitimi Carborundum0 -
New to Gun Broker but an FFL holder for 28 years.Large dealer selling 4,000+ guns per year.I undergo a thorough BATFE inspection at least every two years and must advise you that without any doubt your C&R license is for furthering your own collection ONLY!Buying guns for buddies and even giving them as gifts is prohibited.Whether you make a profit is irrelevant.Enjoy collecting its lots of fun but with zero tolerance policy why risk your ability to enjoy your hobby forever to help your buddies save a few pennies.Just trying to help.Thanks.Grant
grant williams0 -
Is it possible to talk to the company and tell them you will purchase five guns for a better deal, but purchase them each separtly. I don't know if that would work, but it would be a lot safe and 100% positive that it is legal. 0 -
"quote:Originally posted by mjclothiers
Is it possible to talk to the company and tell them you will purchase five guns for a better deal, but purchase them each separtly. I don't know if that would work, but it would be a lot safe and 100% positive that it is legal.
"
It's been a long day, and I hope that this is the reason why I don't understand how this helps. Could you explain, please? He's still buying them for someone else, isn't he?
Noli Illegitimi Carborundum0 -
Grant hit the proverbial nail on the proverbial head.
Pete
"Be kind to your neighbor, he knows where you live"0
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