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Posted: 12/30/2001 3:49:20 PM EDT
I wanted to know if any law prohibits one from selling their firearm (s) over the net. Such as the Equip exchange, gunbroker.com, ect. Obviously the gun needs to be sent to an FFL holder and such, and the laws about selling to Calf, MD, and such apply, as do any other state laws. I'm in Alaska, so no state laws or anything to deal with. Whats the rule?
Link Posted: 12/30/2001 3:54:41 PM EDT
[#1]
Link Posted: 12/30/2001 3:54:57 PM EDT
[#2]
You're really not "selling" over the net.  You're just making a contact and arranging logistics.  The anti's are crying about this too, but it's less of a "sale" that trading Beenie Babies.  As far as I know, there are no limitations or restrictions on using the net to set up a legal sale.
Link Posted: 12/30/2001 3:59:50 PM EDT
[#3]
Very true, perhaps wording is everything and that may be my problem.  Getting hammered by a RKI on Subguns.

Me: I have been selling guns over the net for the past 2.5 years, but these have just been guns that I have acquired and fixed up, or came to me in trades. I have been thinking about getting the FFL so I could try to make a few more pennies at it by getting NIB firearms wholesale, instead of just the fixer upper ones I have been doing in the past.

Him: you need to get a lot smarter about the business. your first post would cause an ATF compliance inspector to flat turn down your application due to the way your worded it. your second post would cause that same inspector to turn your ass into the local DA for prosecution.

What am I doing wrong?  I don't thing I have ever made a "profit".  I buy rifles and pistols, see something else I want, and sell one I have to finance a new firearm.  
Link Posted: 12/30/2001 5:11:39 PM EDT
[#4]
Unless there's some overriding state or local law (and in Alaska, I doubt there is), then there's no legal difference between advertising your gun for sale on the net, and putting an ad in the paper, or penny saver, or a card up on a buy/sell/trade bulletin board.

In order to engage in selling firearms or working on them as a business you have to have an FFL, but not if you're just selling off a few of your personal guns.

As long as the sale is in-state, you're only bound to make sure to your own satisfaction that the purchaser is not prohibited from owning the firearm you're selling.  If you sell to someone out of state, the weapon must go to a licensed dealer in the buyer's state.  In-state, you can ship guns to anyone also a resident of the same state, provided no local or state laws prohibit private fireams sales.
Link Posted: 12/30/2001 8:36:25 PM EDT
[#5]
Hey, thanks much guys.
All points well taken. I'll watch my phraseing too just in case. Over the past 2.5 years, I have sold or traded off roughly 7-9 firearms that I have personally owned, most over the net and all going through and FFL on the receiving end. It was cheaper than placing a classified add in the paper and this is a great site for reaching other shooters. I suppose their is a threashold of $$ you need to sell before requireing a license (at least at the state level)
Anyway, I guess the way I wrote it made it seem like I do this as a "business" Just cleaning out my closet and making room for other things as of now, plain and simple. Thanks for your insite guys!
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