Quoted:
One of ATF's favorite stings is to go up to someone who just bought a gun (legally, and usually at gun shows) and offer them more for it then they just paid. If the buyer is dumb enough to sell it for more than he paid, ATF will bust him for "dealing without a license."
Based on that, you'd be breaking the law, at least based on how ATF interprets it. And that means there's likely to be case law to back them up.
-Troy
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Iknow that firearms are not generally a good investment but humor me for a moment. People who collect firearms and who trade/sell those firearms intend to make a profit and occasionally do make a profit. Yet they are not dealers; they are collectors who made a good investment.
Frankly I am very unclear what consitutes a dealer exactly. I know that the BATF busted a guy near me for selling guns without a license but I was never clear exactly what the criterion were. Perhaps it varies from case to case. I mean I could probably listen to the evidence and decide if the guy was really making a business out of selling firearms or not. Perhaps thats what the judges do. For me it would have to do with volume, length of time that you kept the firearm before selling it, whether you used it before selling it, whether you sold to anybody of just friends,.....A lot of things I suppose but I could decide on a case by case basis.
Judges on the other hand are suppose to establish criterion and them apply those criterion evenly.
Frankly, I do not know what those criterion are.
Certainly you are entitled to sell your property without regard to what you paid for it.
What I do know is that if you are also dealing drugs and you sell large numbers of firearms which are current production and unused to other drugs dealers repeatedly, the BATF will be paying you a visit and will probably try to make the case that you are trafficing illegally.
I do know that if you sell your friend your slightly used AR15 at a little more than your cost and go buy you another, you probably will never hear from anybody about it.
perhaps its a matter of the volume of business more than anything else.
PigPen