FTF Gun Sale Problem and Question

[O4L]

Just because you own a firearm does not always mean you are free to sell it. One example of an illegal sale of a firearm without a license would be: Let’s say that a guy named Joe has a table at the local flea market and someone walks up to him and sells him a firearm for $75. Then Joe puts that same firearm out on his table for sale at $100 hoping to earn a quick profit. Joe would then be engaging in a firearm business without a license. A few years ago several flea market vendors found this out the hard way in the Tulsa area. None of this applies to the original post, but I figured I would bring it up after reading some of the responses.

If Joe puts it up for sale the next day, the next week, or the next year, then it's ok?

 

[sky428]

Let’s say Joe waited a week before he put it out for sale.. The gray area is that he is still selling the gun for a profit and the someone could say he is then conducting a firearms business without a license. Then Joe could say he purchased the gun for himself and after firing it found out he did not like it and then wanted to sell it to get his money back. It would be a lot easier for him to show that if he was selling it for what he paid instead of asking for a profit though. It can be hard to prove intent. It could then be up to a jury if someone really wanted to push it. The longer he waits to sell it the lower the chance for trouble. The cases that I have seen have been when someone purchased the firearm and then immediately put it out for sale expecting a profit when they did not have a license. Law enforcement actually went in selling firearms at flea markets and then came back later to see if the same firearms had been put out for sale. It they found any out for sale then they made arrests. I am not an attorney and I know it can get gray real fast in this area. I usually error on the side of caution when it comes to firearms. I am confident that the original poster has nothing to worry about with his situation though. I am sorry if we are getting off point from the original post.

 

[rocketman]

I'm glad to get this much of a response! Thanks guys! I actually lost money on the sale so you would think that they would not accuse me of "engaging in business". However, this is the U.S. government we're talking about...where losing money is business as usual...

 

[kinggabby]

Let’s say Joe waited a week before he put it out for sale.. The gray area is that he is still selling the gun for a profit and the someone could say he is then conducting a firearms business without a license. Then Joe could say he purchased the gun for himself and after firing it found out he did not like it and then wanted to sell it to get his money back. It would be a lot easier for him to show that if he was selling it for what he paid instead of asking for a profit though. It can be hard to prove intent. It could then be up to a jury if someone really wanted to push it. The longer he waits to sell it the lower the chance for trouble. The cases that I have seen have been when someone purchased the firearm and then immediately put it out for sale expecting a profit when they did not have a license. Law enforcement actually went in selling firearms at flea markets and then came back later to see if the same firearms had been put out for sale. It they found any out for sale then they made arrests. I am not an attorney and I know it can get gray real fast in this area. I usually error on the side of caution when it comes to firearms. I am confident that the original poster has nothing to worry about with his situation though. I am sorry if we are getting off point from the original post.

That's like saying if I bought my car for $1200 and someone wants to buy it and I ask $1300 and they said yes I made a profit and it was not illegal . I should be able to sell anything I own for whatever I wish to sell it for. Nothing wrong with that.

 

[sky428]

I agree "kinggabby". I don’t agree with many of the ridiculous laws for so called gun control. But I sure want to make sure I don’t violate any of them. The consequences are too high to take a chance.

 

[MoBoost]

That's like saying if I bought my car for $1200 and someone wants to buy it and I ask $1300 and they said yes I made a profit and it was not illegal . I should be able to sell anything I own for whatever I wish to sell it for. Nothing wrong with that.

Stuff with serial numbers on it - like cars and guns don't really "belong" to you - you just sort-a-kind-a hold it for the gonvernmentz.

Ever tried to get anything stolen back - no serial = not yours. Silly people say possession is 9/10 of the law - nope ... possession of the the serial number is 100% of the law - and the "man" got them numbers.

 

[dt405gt]

www.odcr.com and www.oscn.net. I do not believe there are any laws requiring transfers of firearms i Oklahoma. Laws vary by state though.