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In reply to the discussion: I'm a RKBA supporter and Democrat. Ask me anything about the recent Obama announcement. [View all]dumbcat
(2,158 posts)41. "I'd say you were in the business of selling firearms." The law would disagree
If you're selling them yourself, then you're in the business of selling guns, even if it's only an occasional business.
Being "in the business" of selling firearms is defined in 18 USC Sec. 921. It does not include your thoughts.
U.S. Code Title 18 Part I Chapter 44 § 921
18 U.S. Code § 921 - Definitions
(21) The term engaged in the business means
...
(C) as applied to a dealer in firearms, as defined in section 921(a)(11)(A), 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;
...
(22) The term with the principal objective of livelihood and profit means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection:
I'm sure Obama has told AG Lynch to prosecute a few test cases. We'll see what the courts say.
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I'm a RKBA supporter and Democrat. Ask me anything about the recent Obama announcement. [View all]
aikoaiko
Jan 2016
OP
A clarification on the definition of business would be helpful, but the President declined
aikoaiko
Jan 2016
#9
Until there is more specificity, this part of Obama's proposal will be challenged...
Eleanors38
Jan 2016
#16
Does current law (fed or CA) not require that the product (gun) be sold by a dealer?
Eleanors38
Jan 2016
#31
I had my 9-yr old son pack 25 round magazines. He complained about his fingers being sore.
aikoaiko
Jan 2016
#23
Sounds like an opinion. My opinion is that cross-point screws suck - only use Torx...nt
jonno99
Jan 2016
#19
Cross point as in Phillips, or the sort used in cheap assemble-yourself furniture...
hunter
Jan 2016
#40
Lee-Lee's link in #21 (last page of ATF Q&A) says individuals Can access NICS...
Eleanors38
Jan 2016
#33