Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

dumbcat

(2,158 posts)
41. "I'd say you were in the business of selling firearms." The law would disagree
Tue Jan 5, 2016, 04:39 PM
Jan 2016
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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Can he actually obligate the funding for this without Congress? Recursion Jan 2016 #1
At one point, Obama referred to these as "recommendations" aikoaiko Jan 2016 #2
So when will the police be going door-to-door to take our guns? Buzz Clik Jan 2016 #3
I have no answer for this question. aikoaiko Jan 2016 #4
I think it is more important sarisataka Jan 2016 #12
I agree with your assessments Lee-Lee Jan 2016 #5
I agree. If the CLEO requirement is changed to notification, that's a win. aikoaiko Jan 2016 #7
With regard to the business of selling firearms, MineralMan Jan 2016 #6
A clarification on the definition of business would be helpful, but the President declined aikoaiko Jan 2016 #9
The catch is that my grandfather gave me a shotgun when I turned 9 Recursion Jan 2016 #11
I don't really see family transfers as sales. MineralMan Jan 2016 #15
You couldn't do that without a change to the law Lee-Lee Jan 2016 #13
Lots of folks with "collections" they're buying and selling for MineralMan Jan 2016 #17
If you read the BATFE guidelines released this week Lee-Lee Jan 2016 #20
Well, better enforcement wouldn't require a change in the laws. MineralMan Jan 2016 #22
I posted the newly published guidelines further down Lee-Lee Jan 2016 #25
The BATFE is under the Executive Branch. MineralMan Jan 2016 #28
Usually the first step of the BATFE if they think someone is crossing the line Lee-Lee Jan 2016 #36
Until there is more specificity, this part of Obama's proposal will be challenged... Eleanors38 Jan 2016 #16
In some states, like California, gun sales between private MineralMan Jan 2016 #18
Does current law (fed or CA) not require that the product (gun) be sold by a dealer? Eleanors38 Jan 2016 #31
It has been years since I bought or sold a gun in California. MineralMan Jan 2016 #32
Lee-Lee's #21 link may have uncovered a good "loop hole" in BATF regs... Eleanors38 Jan 2016 #34
I like California's strict rules on firearms transfers. MineralMan Jan 2016 #35
"I'd say you were in the business of selling firearms." The law would disagree dumbcat Jan 2016 #41
Guns are a filthy habit, like smoking. Not cool. hunter Jan 2016 #8
Maybe so, but I do clean my firearms after use. aikoaiko Jan 2016 #10
I've often said that's the cure for kids being interested in guns Recursion Jan 2016 #14
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
Here is the actual BATFE guidance on who is or is not a dealer Lee-Lee Jan 2016 #21
That's nice. Its a January 2016 document. aikoaiko Jan 2016 #24
Okay, what is wrong with opening NICS to the public? Eleanors38 Jan 2016 #26
Opening NICS would be an outstanding improvement. aikoaiko Jan 2016 #29
Lee-Lee's link in #21 (last page of ATF Q&A) says individuals Can access NICS... Eleanors38 Jan 2016 #33
No, individuals can't access NICS Lee-Lee Jan 2016 #37
I see the distinction, and I agree with the app analogy. Eleanors38 Jan 2016 #38
NICS is a woefully outdated 1980's style call center Lee-Lee Jan 2016 #39
1. Which state do you live in? Blue_Tires Jan 2016 #27
Answers aikoaiko Jan 2016 #30
Latest Discussions»General Discussion»I'm a RKBA supporter and ...»Reply #41