Can I sell guns here for a friend ?
I sell a lot of things on that other large auction site. And I have sold a few of my own firearms on this site and have always followed the rules. Now a friend, that knows I sell on the Internet, has asked me to sell her grandfather's firearms for her. At this point I have no idea what she has other than they are "old" (she is in her sixties, so I am sure that they are really OLD) and she doesn't want them in the house anymore. So . can I sell these for her on this site for her ? Or are the BATFE people going to look poorly on it since I don't have an FFL ? And, yes, she would pay me my fees and some small commission.
Advice and recommendations cheerfully accepted.
I hope this is the right forum for this question.
JFC
Advice and recommendations cheerfully accepted.
I hope this is the right forum for this question.
JFC
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have you considered just throwing them in the paper? or the back of my truck? no one can be mad at you if you just give them to me[:D] depending on what you have and where you live it might just be easier to sell them locally. some dealers require an ffl to come with the shipped firearm, but i don't think it's federal law. and it could always be looked at as a private party sale from her to you, and you didn't want to keep them, so you sold them. it's not illegal for you to sell the guns after buying them. i would think you wouldn't have any problems unless the buying dealer wants a ffl from you. just be sure to put in the auction that you are not a dealer and won't be able to provide a ffl. cody
if you're in my yard tonight, you'll be there in the morning0 -
You Can Not Sell anything on this Site...Ask the Experts is strictly a Web Site to Ask Specific Question about Guns and Specific Parts and Pieces...Its also for Asking for information about Bullet Reloading and repairs to Firearms
To Sell Firearm thru Gunbroker You will have to Sell thru the Auction Portion of Gunbroker.com...
You may ask about and recieve information about the Guns in question on Ask the Experts...Tell us what you have and give a complete and Total Discription of said guns.....Best.....
Captain Kirk, Tech Staff0 -
I think capt. that he is asking if it is legal for him to sell the for his friend on GB as a site, not this forum, i cant see any reaso why you cant uaction them for her here, she is in posession and you are doing the ad and shipping for her
A SPECIFIC QUESTION WAS ASKED.....AND A SPECIFIC ANSWER WAS GIVEN.....NEVER ASSUME, BECAUSE IT CAN COME BACK TO BITE YOU ON THE BUTT.......Captain Kirk0 -
The NFA of 1934, from what little I know of it, made certain things illegal to own without a "tax stamp".
Minimum barrel & stock lengths come immediately to mind.
Past that part of it, stuff made before 1898, " antique firearms, which are defined as: any firearm not designed or redesigned for using rimfire or centerfire ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before 1898) and also any firearm manufactured in or before 1898 using fixed ammunition which is no longer manufactured in the U.S. and is not readily available in the ordinary channels of commercial trade",
It is my belief, can be sold and shipped as common merchandise (UPS - Antique firearm) to anyone legally able to own a firearm. True???
EDIT - SORRY. I C&P STATE LAW.0 -
Hello jsergovic...
You have the actual definition of an "Antique" firearm off just a bit.
Title 18, Section 921(a)(16) defines "antique firearm" as follows:
"The term 'antique firearm' means -
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
(B) any replica of any firearm described in subparagraph (A) if such replica -
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade."
What this really means, is for example, any original Winchester Model 1892 chambered for 44-40, 38-40, 32-20, or 25-20, or a Model 1894 chambered for 32-40, 38-55, 30-30, or 25-35 that was manufactured prior to January 1st, 1899 is by federal law an "Antique"... even though ammo is still available through ordinary channels of commercial trade. That restriction only applies to replicas... unless you are in the PRK (and I know that you are).
Bert H.
Real Men use a SINGLE-SHOT!0 -
California law defines an antique firearm by referencing paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code. This is codified in 27CFR478.11. In other words, the California definition of an antique firearm and the Federal definition are identical. 0 -
Wheather antique or "modern" (pre or post-1898) a person can sell a firearm on the GB auction site without being an FFL, however, you should make it clear that you are not an FFL so that buyers know that if they win the auction, if they are not licensed, to make sure that their transfer agent will accept shipments from a non-FFL.
Also it may be best if you your state permits "private sales" for you to buy the guns off of this person for $1.00 down and the balance to be based on a percentage of the net sale price. That way you are the owner and you preclude any issues about acting as an unlicensed agent.
Lastly, you need obtain a copy of the buyer's or buyers agent's FFL, signed in an ink color other than black. Primarily to ensure that you are sending the firearm(s) to the correct individual/address (as shown on the license). Secondly, the shipper may ask to see a copy. And third, it is prudent to save the copy ... "just in case".
If you only have time to do two things so-so, or one thing well ... do the one thing!0 -
To be sure you stay "legal" you can be sure to not take legal posession of the firearms (assuming they are modern guns and not antiques as being discussed above). You simply do the "advertising" and assist her in selling her firearms--I'd make this clear in the auction if I were you.
The other option could be for her to legally give or sell you the firearms (follow your state laws); then you sell your guns. You can "gift" money to her with no tax consequences up to about $11,000--if you're friends, then exchanging gifts is nothing unusual. Of course the number of firearms involved could be an issue here; if she's giving you 50 or 100 guns and you are immediately re-selling them, the ATF might consider you as being "in business"--especially if you were making a profit on the sales.
I'll also comment that if this lady is a friend, as you state, I'll assume you will work with her and tell here if any of the firearms she owns are anything collectable/valuable. If something was particularly valuable, then she/you could have tax issues (capital gains) if it is sold.0 -
Thanks to everyone who responded. Great advice here, for sure. I'll let you know what I find out.
JFC0 -
Tell you what...I'll just buy the whole lot from you for $100. [:D][;)] 0
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