is this legal?

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bigfug

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The other site pointed this out before anyone over here noticed. read the thread "dear OSA mods"

He'd been questioned in the for sale threads before, I know I did in July. As far as the "other site", I couldn't find the thread, but not sure if the other site is arfcom or boomer.
 

Glocktogo

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I like how he details very specifically why he's not a dealer, while engaged in activities that VERY much resemble the activities of a dealer. It's almost like he paraphrased something the Obama Administration has done? Sort of an "I'm not doing what you think I'm doing, even though it looks like that's what I'm doing, because that would be wrong and I wouldn't do that."

The stealth edit was a nice touch too. ;)
 

gfercaks33

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Generally people who go to lengths like that to justify that they are on the up and up are trying hide the fact they know they are doing wrong to the un educated.
 

mr ed

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Only if you build in excess of more than X # of guns (50 I believe). If you build 49, no tax, if you build 51, you don't pay tax on the one but all 51. He's only got two posts on here that aren't related to selling of AR's. He has a spreadsheet listing all of his options for customs builds, so this isn't his "personal collection". The fact that 1-2 of his posts are in his own FS threads kind of negates the hobbyist part, this is not "occasional". I would expect to see more general posts vs FS threads if he were a hobbyist, so this looks "regular" and "regular course of trade" requires an FFL. Everything points to gunsmith (this isn't occasional parts fitting), or mfr (more so mfr in my eyes). I think he's definitely skirting the grey areas with his "reasoning", but that's the thing, since it's grey, its really up to the ATF if and when they pay a visit. As far as the board is concerned, its up to a mod to determine whether they allow it or not, but personally, I've always erred on the side of caution when it comes to legalities. I'd rather not have to try and explain or defend my actions in a court of law.

Never heard of this 50 number before. I was a gunsmith and dealer for 20 years and I had to pay it from the very first one I built. If an FFL dealer sells 1 receiver and 1 parts kit in the same transaction they have to pay the excise tax. Maybe 50 would make the tax liability high enough for the GOV. to go after them.
 

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