Is this legal?

[ripnbst]

http://www.armslist.com/posts/846574/colorado-springs-colorado-rifles-for-sale-trade--custom-ar-15-

I saw this on Armslist and thought, building with intent to sell without an FFL seems a huge no-no. Not to mention publicly advertising falsifying documents...idiot.

 

[TwoForFlinching]

Gray area.

He would be selling the lowers, hasn't completed the accessorizing yet... Anyone can sell accessories.

Now if he would have said "I just bought a bunch of guns to sell", that would be no beuno...

As I read it, it seems legal... Just not right at all

 

[ripnbst]

I read it as, I have lowers and parts and will build to suit. Isnt some sort of FFL required for assembly of guns as well? Even though he didn't actually create the parts out of billets or forgings? It seems like he bought them with intent to sell and advertises it as such IMO.

 

[VladdDImpaler]

It's no longer posted.

 

[ez bake]

Seems like with all the stuff going on lately, BATFE is doing all they can to stop individuals from buying with intent to sell (and since many are doing it so blatantly, it's easy to catch the low-hanging fruit).

 

[thefenux]

I read it as, I have lowers and parts and will build to suit. Isnt some sort of FFL required for assembly of guns as well? Even though he didn't actually create the parts out of billets or forgings? It seems like he bought them with intent to sell and advertises it as such IMO.

Building for sale requires a manufacturing FFL (Type 7), whether you actually made any of the parts or not. This includes slapping an upper and a lower together. A regular dealer FFL (Type 1) does not let you do this.

Building for yourself for your own use, no license required.

 

[henschman]

Buying for the purpose of sale without a license is not illegal. Being in the business of selling firearms without a license is. There is a difference.

 

[ez bake]

Buying for the purpose of sale without a license is not illegal. Being in the business of selling firearms without a license is. There is a difference.

This is being discussed on several websites. Buying with the intent to sell is an act of being "engaged in the business" as the other reasons to buy/sell are clearly defined by the ATF.

Here's a good write-up from ARFcom:



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]


http://ecfr.gpoaccess.gov/cgi/t/tex...iv8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27

Dealer. Any person engaged in the business of selling firearms at wholesale or retail; any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or any person who is a pawnbroker. The term shall include any person who engages in such business or occupation on a part-time basis.

(c) Dealer in firearms other than a gunsmith or a pawnbroker. 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 a 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;

 

[ripnbst]

Buying for the purpose of sale without a license is not illegal. Being in the business of selling firearms without a license is. There is a difference.

I understand THIS gray area, however he is saying "I have all these parts, let me know what you want and I will build it to sell it to you the way you want it." Oh and by the way, I will backdate paperwork pre-ban if needed so you can keep it. These two reasons are why I think it's illegal.