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Posted: 3/11/2012 11:59:36 AM EDT
[Last Edit: 3/27/2012 10:35:52 AM EDT by the_naked_prophet]
She needs someone to help list them for sale, and I have been asked to do it. Her husband died a few years back, and she's got 30+ guns to sell. Shotguns, rifles, handguns. Her husband gave her a list of about 30 guns and told her "these are the guns that are worth something." I know there are two O/U shotguns he claimed 5-6K each, a Ruger Mini-14, a .40 Glock, some single-action revolvers, etc. He apparently almost never shot anything.

Is it legal for me, not holding an FFL, to sell the guns for her? I would basically be posting ads, collecting checks, and mailing guns to FFLs. And what would be the best way to do that, if legal?

Thanks.

Link Posted: 3/11/2012 12:07:03 PM EDT
[Last Edit: 3/11/2012 12:07:43 PM EDT by thefreshman991]
As long as your helping her manage the estate I don't believe there is anything illegal about it.

Dibs on first glance at listings though :)

I am also not a lawyer....


ETA: There are a few FFL's on here that can help you if you want to make sure your being legal. That way everything transfers.

Link Posted: 3/11/2012 12:49:12 PM EDT
Bring them to the shoot and swap meet at the end of March. I am in the market for a high end O/U.
Link Posted: 3/11/2012 1:03:20 PM EDT
Originally Posted By thefreshman991:
As long as your helping her manage the estate I don't believe there is anything illegal about it.

Dibs on first glance at listings though :)
I am also not a lawyer....


ETA: There are a few FFL's on here that can help you if you want to make sure your being legal. That way everything transfers.




I call sloppy seconds....
Link Posted: 3/11/2012 1:10:35 PM EDT
Dirty Thirds...
Link Posted: 3/11/2012 1:16:29 PM EDT
Dibs on the .40 Glock
..
Link Posted: 3/11/2012 1:26:57 PM EDT
Originally Posted By scottMO:
Dibs on the .40 Glock
..


Back of the line buddy......
Link Posted: 3/11/2012 1:33:51 PM EDT
I'll see what I can do to get you guys the list.

Link Posted: 3/11/2012 1:42:20 PM EDT
Originally Posted By the_naked_prophet:
I'll see what I can do to get you guys the list.



That would be awesome.
Link Posted: 3/11/2012 2:25:14 PM EDT
single actions peak my interest...

Link Posted: 3/11/2012 2:34:07 PM EDT
Are you going to be getting a commission or payment for this?? Because that's "dealing" by definition. You cannot do it with real estate as far as the state is concerned; not sure about the ATF.

Be careful.
Link Posted: 3/11/2012 2:45:14 PM EDT
Originally Posted By delorean:
Are you going to be getting a commission or payment for this?? Because that's "dealing" by definition. You cannot do it with real estate as far as the state is concerned; not sure about the ATF.

Be careful.


What if she gifted me one of the guns after I sold the rest? I didn't ask for a commission, but you know how old ladies are.

Link Posted: 3/11/2012 2:56:37 PM EDT
Originally Posted By the_naked_prophet:
Originally Posted By delorean:
Are you going to be getting a commission or payment for this?? Because that's "dealing" by definition. You cannot do it with real estate as far as the state is concerned; not sure about the ATF.

Be careful.


What if she gifted me one of the guns after I sold the rest? I didn't ask for a commission, but you know how old ladies are.



That would be inconsequential, a gift is a gift as long as its not conditional on services rendered.
Link Posted: 3/11/2012 2:57:39 PM EDT

Originally Posted By delorean:
Are you going to be getting a commission or payment for this?? Because that's "dealing" by definition. You cannot do it with real estate as far as the state is concerned; not sure about the ATF.

Be careful.

What commission???

I thought I read or heard he was just helping a friend figure out what some of her items were worth, then mentioning it to a few folks... If some if them happen to bite....
Link Posted: 3/11/2012 3:17:27 PM EDT
Just a bit of advice... keep detailed records of what you do with the guns and how much you get out of them. Not so much for the government, but for when someone shows up pissed off that you screwed "Aunt Helen" out of all of "Uncle Henry'"s valuable guns.
Link Posted: 3/11/2012 4:17:16 PM EDT
There are a lot of honest dealers out there that will be very fair when dealing with estates.



I can think of a couple on GB who are primarily estate dealers.



Link Posted: 3/11/2012 4:33:16 PM EDT
Link Posted: 3/11/2012 4:59:58 PM EDT
i too would be interested in this list
Link Posted: 3/11/2012 5:35:47 PM EDT


Did someone say list?



I used to live next to a little old lady. I alwayse hoped that one day she would call me over and ask me if I knew anything about her late husbands guns that she wants to dispose of. I'd walk in to see a collection of transferable goodness.... HK, Uzi, Kalashnikov, Colt, FN.... hey a guy can dream.
Link Posted: 3/11/2012 5:52:41 PM EDT
I like lists!!!
Please?
Link Posted: 3/11/2012 5:53:11 PM EDT
I'd take as much as possible to the shoot coming up.

I'd also post a list once you get it.
Link Posted: 3/11/2012 6:47:49 PM EDT
In for list....
Link Posted: 3/11/2012 7:59:12 PM EDT
I would like to see a list

Posted Via AR15.Com Mobile
Link Posted: 3/11/2012 8:11:42 PM EDT
Originally Posted By ak4784:
In for list....


+100
Link Posted: 3/11/2012 9:22:33 PM EDT
It used to be that you could even get a table and sell off a private collection at a gun show, and not be considered as conducting business, so maybe this would be the same thing.

As always, my opinion will not keep you out of trouble, and should be verified with facts.
Link Posted: 3/12/2012 10:12:31 AM EDT
Originally Posted By the_naked_prophet:
I'll see what I can do to get you guys the list.



Same here, I would like to see the list of whats being sold
Link Posted: 3/12/2012 10:40:17 AM EDT
I would also like to see the list
Link Posted: 3/12/2012 11:23:52 AM EDT
In for list of goodies.
Link Posted: 3/12/2012 2:13:38 PM EDT
In for the list. Any WWII German weapons?
Link Posted: 3/12/2012 5:08:50 PM EDT
In for the list.
Any reloading tools or supplies?
Link Posted: 3/12/2012 6:37:29 PM EDT
[Last Edit: 3/12/2012 7:02:42 PM EDT by Bladeswitcher]
I don't think you'll have a problem.

Basically, if you are engaged in business, you must have a license. Here is what the BATFE says about "engaged in business."


Q: What does “engaged in the business” mean?

The term “engaged in the business,” as applicable to a firearms dealer, is defined as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.

[27 CFR 478.11]



Since this is a one-time deal and you're not buying guns for resale, I'd say you're OK.


BTW, I'm an FFL. If you need any help in mid-Mo, let me know.
Link Posted: 3/13/2012 5:20:13 AM EDT
Originally Posted By Bladeswitcher:
I don't think you'll have a problem.

Basically, if you are engaged in business, you must have a license. Here is what the BATFE says about "engaged in business."


Q: What does “engaged in the business” mean?

The term “engaged in the business,” as applicable to a firearms dealer, is defined as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.

[27 CFR 478.11]



Since this is a one-time deal and you're not buying guns for resale, I'd say you're OK.


BTW, I'm an FFL. If you need any help in mid-Mo, let me know.


Where are you located? I'm in Rolla.
Link Posted: 3/13/2012 7:01:52 AM EDT
Double check with the woman that she doesn't have any sons or grandsons that might want a couple of dad's or grand dad's guns.
Link Posted: 3/13/2012 7:06:13 AM EDT
I'd be interested in seeing what was available. Also, I am FFL holder, and would be available to help in the St. L. area.

Brian
Link Posted: 3/13/2012 7:31:48 AM EDT
Originally Posted By the_naked_prophet:
Originally Posted By Bladeswitcher:
I don't think you'll have a problem.

Basically, if you are engaged in business, you must have a license. Here is what the BATFE says about "engaged in business."


Q: What does “engaged in the business” mean?

The term “engaged in the business,” as applicable to a firearms dealer, is defined as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.

[27 CFR 478.11]



Since this is a one-time deal and you're not buying guns for resale, I'd say you're OK.


BTW, I'm an FFL. If you need any help in mid-Mo, let me know.


Where are you located? I'm in Rolla.



Jefferson CIty

Link Posted: 3/13/2012 7:42:00 AM EDT
Originally Posted By drobs:
Double check with the woman that she doesn't have any sons or grandsons that might want a couple of dad's or grand dad's guns.


No living relatives, and they had no children, iirc.

I will ask though.
Link Posted: 3/13/2012 1:22:27 PM EDT
Bringing the guns to chad9mms shoot on the 31st is a go. List incoming.

Link Posted: 3/13/2012 3:16:12 PM EDT
Originally Posted By the_naked_prophet:
Bringing the guns to chad9mms shoot on the 31st is a go. List incoming.



Link Posted: 3/13/2012 3:57:04 PM EDT
Bring them out to the COPS 3-gun match this Saturday. (Right in your back yard)
Might as well shoot the match while you are there.
Link Posted: 3/13/2012 4:03:59 PM EDT
Originally Posted By c-rum:
Bring them out to the COPS 3-gun match this Saturday. (Right in your back yard)
Might as well shoot the match while you are there.


I didn't think COPS was that close to Rolla. Last I looked, I remember it being 45 minutes away.

Also, I can't afford any entry fees or ammo at the moment

And I don't have 3 guns to use...
Link Posted: 3/13/2012 5:00:35 PM EDT
Any .22s? Looking for one for a buddies kid.

And I thought you moved to Union...
Link Posted: 3/13/2012 5:22:45 PM EDT
In for the list!
Link Posted: 3/13/2012 7:27:52 PM EDT
I for one would rather a list wasn't posted (only because I want a good look at them at Chad's before it gets posted MAUAHAHA)
Link Posted: 3/13/2012 7:48:09 PM EDT
Originally Posted By tireflames:
Any .22s? Looking for one for a buddies kid.

And I thought you moved to Union...


Ruger single six, iirc.
Link Posted: 3/13/2012 7:49:52 PM EDT
Originally Posted By Noaccount:
I for one would rather a list wasn't posted (only because I want a good look at them at Chad's before it gets posted MAUAHAHA)


How much for a sneak peek?
Link Posted: 3/14/2012 5:18:12 AM EDT
Originally Posted By the_naked_prophet:
Bringing the guns to chad9mms shoot on the 31st is a go. List incoming.



Cool!
Link Posted: 3/14/2012 10:25:16 PM EDT
Dibs on the mini
Link Posted: 3/15/2012 5:19:28 AM EDT
Originally Posted By c-rum:
Bring them out to the COPS 3-gun match this Saturday. (Right in your back yard)
Might as well shoot the match while you are there.


+1. No entry fee if you just want to move the guns!!!

Link Posted: 3/15/2012 6:22:51 AM EDT
The descriptions on the list leave much to be desired.

There is a "21 inch 12 gauge," and a "custom rifle with 8 scope" as well as a ".22 magnum pistol," though serial numbers were helpfully provided. I'm going to go see them in person and get better descriptions.

Link Posted: 3/15/2012 7:31:27 AM EDT
Just confirmed that all the guns wanted by relatives have already been taken. So no worries there.

The list is a bit shorter though.

Link Posted: 3/15/2012 7:38:04 AM EDT
Originally Posted By the_naked_prophet:
Just confirmed that all the guns wanted by relatives have already been taken. So no worries there.

The list is a bit shorter though.



email us the list?
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