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HMFIC

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Mark, if a non-FFL holder goes to the show and buys a gun there and turns around and sells it there for a profit, I am fairly sure that person is committing a crime. Probably, two crimes because I doubt seriously they are reporting that profit on their taxes.

Not necessarily.

I think if the ATF and IRS were going to go after anyone, they'd start with non-FFL individuals who setup tables and buy and sell guns every weekend.
 

superdave65

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Some of those dealers are scary. I watched a large dealer, who sets up at least one island at all those show do and obvious "straw purchase". His wife was doing the 4473's and an obvious hoodlum was having his girlfriend by him an AK pistol. The whole time he was holding the gun, saying how he could mess some people up, and his old lady pulls out a wad of $100 bills that would choke a horse. But at least that dealer made his 50 bucks. $12 admission is ridiculous especially when tables are $65. I think RK has the right idea. Hopefully Claud Hall and Metcalf will follow suit. Get more people in at a reasonable price
 

30BulletHoles

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Some of those dealers are scary. I watched a large dealer, who sets up at least one island at all those show do and obvious "straw purchase". His wife was doing the 4473's and an obvious hoodlum was having his girlfriend by him an AK pistol. The whole time he was holding the gun, saying how he could mess some people up, and his old lady pulls out a wad of $100 bills that would choke a horse. But at least that dealer made his 50 bucks. $12 admission is ridiculous especially when tables are $65. I think RK has the right idea. Hopefully Claud Hall and Metcalf will follow suit. Get more people in at a reasonable price

Holy chit! Are you from the Brady Center or what? How do you know that his girlfriend wasn't buying him a birthday or anniversary present, rather than a "obvious straw purchase?"

"Obvious hoodlum" being judgmental aren't we?

In all reality you are probably right in your assumption but this is a gun enthusiast forum and we as gun enthusiast probably shouldn't be spewing the same rhetoric as the people that wish to disarm us.
 

Nighthawk

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JB;

You are correct, and that has been a topic of debate with our law makers and enforcers for a while now. In fact that has been a platform the anti's use all the time for closing down gun shows. Those of us that are vendors see it all the time, and no enforcement. Yes, as vendors at the gun shows we are required to charge tax on every purchase, and as a store owner we are required also to charge tax on every purchase, and I do, does everyone else? No, there will always be those that break the law and get away with it. I have people that buy from me that tell me that I am one of the few that charge tax, in fact I loose sales all the time because I will not sell without charging tax. I am honest, and play by the rules, and as you well know there are many who are not, if it was not for those who are not you would be out of business. LOL

A good example of one of those who do this kind of buying and selling at almost all the gun shows, and almost all vendors know this guy. He is the one with gray hair, slender, that walks around the gun show with his hands out in front of him holding a case with a pistol in it, opened up, sometimes he puts gloves and other items on the gun case to sell too.
 

Twmaster

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Dumb question time.

Private sellers do not have to do the 4473 dance. Correct? So, if I, as a private person, buy a gun from another private person and then turn around and sell that gun to yet another private person. I'm not seeing the problem here. (tax implications aside)

This does not seem to be any different than what some of us do here on OSA. Buy from member A. Turn around and sell to member C at a profit.

Perhaps I am missing something (not so) subtle?
 

JB Books

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Not necessarily.

I think if the ATF and IRS were going to go after anyone, they'd start with non-FFL individuals who setup tables and buy and sell guns every weekend.

...Who are engaging in exactly the type of conduct I described. Are you asserting that it is legal for an individual to do it as long as they don't "set up a table and do it every weekend"? Your argument makes no sense. Why is it ok for an individual without a table as opposed to an individual with a table? That's like saying it's ok to sell cocaine once as long as you aren't set up on the corner and selling it every weekend.

And FYI, they occasionally do go after those guys. Not very often, but it happens. I have even been contacted by the ATF because of several repeated multiple gun purchases in a short period of time.

It's a fine line between being engaged in a hobby and being a non-licensed FFL dealer. If you want to engage in the business of buying and selling guns for profit, just get the damned FFL, keep your books, and you won't have anything to worry about.
 

JB Books

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Holy chit! Are you from the Brady Center or what? How do you know that his girlfriend wasn't buying him a birthday or anniversary present, rather than a "obvious straw purchase?"

"Obvious hoodlum" being judgmental aren't we?

In all reality you are probably right in your assumption but this is a gun enthusiast forum and we as gun enthusiast probably shouldn't be spewing the same rhetoric as the people that wish to disarm us.

Oh geeeez, really? Because we are gun enthusiasts we should bury our heads in the sand to something that looks so wrong. Forget about the "hoodlum look," the ass clown was holding the weapon bragging about how he "could mess some people up". That's enough for me to question the judgment of the dealer.

Pointing out something that looks bad is not an attack on the 2nd Amendment. Superdave's observation about the dealer is correct.
 

Billybob

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It was my understanding that if you turn more than x number of firearms a year, or if your intention is to make profits then you're required to get a license.
As for bringing the tax issue into it regarding private sales do you pay sales tax at a garage sale?
 

Nighthawk

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(5) "Special event vendor" means a person making sales of tangible personal property or
services taxable under Section 1350 et seq. of Title 68 of the Oklahoma Statutes at a special
event within this state and who is not permitted under Section 1364 of Title 68 of the Oklahoma
Statutes. [68 O.S.Supp.2003 § 1364.2]

(i) Vendor reporting and remitting pursuant to subsection (g). A special event vendor who has
participated in a special event approved under subsection (g) shall remit the tax along with a sales
OAC 710:65 OKLAHOMA TAX COMMISSION
40
tax report directly to the Tax Commission within fifteen (15) days following the conclusion of the
special event. Sales taxes shall be considered delinquent and interest as provided by law will be
charged if payment is not received or postmarked by the fifteenth (15th) day following the event.
(j) Reporting and remitting tax when event lasts 30 days or longer. When the special event will
last thirty (30) days or longer, a sales tax report is required to be filed for each calendar month by the
15th day of the following month.
(k) Remuneration. Provided that the required sales tax reports are timely filed and the tax due
remitted, promoters and organizers to whom special event permits have been issued may deduct the
applicable remuneration allowed by 68 O.S. § 1367.1.
[Source: Reserved at 14 Ok Reg 2711, eff 6-26-97; Added at 21 Ok Reg 2581, eff 6-25-04; Amended at 23 Ok Reg
2851, eff 6-25-06]
 

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