Serious question. How legal is it to buy and sell guns as a private

>>32951828
It's illegal in all 50 states to sell firearms for profit without a FFL

>>32951844
This.

>>32951828
Unless you're doing it for noncommercial reasons (which would fall under private sale/transfer) you NEED an FFL.

>>32951828
>At what point do I go from being a private citizen selling guns to being an arms dealer?
The moment you prove beyond a reasonable doubt you are doing it with the intent to make a profit. Considering you just posted this, that would be whenever the ATF decides to press charges.

>>32951844
So this would mean that you cannot purchase a firearm with the intent to make a profit off of it no matter what, correct?

>>32951869
I think that's a grey area for anything you purchase if you don't report it on your taxes as income. The reason you can easily get away with it is because this so called "intent" is nigh impossible to prove in a court of law.

Personally, I buy all of my guns because I have an interest in owning all of them, if I sell any for more than the price I put down that's just because guns nearly always go up in value.

That said, the only gun I've ever "sold" is an AK-74 to my brother for $400. Owning three of the same rifle for 2 years and really only ever taking one to the range is pretty difficult to justify, even to myself.

>>32951869
If I recall from when I first went to apply for an FFL (which was like 10 years ago, so someone correct me if this is no longer true), there's some deliberately vague wording that heavily implies it's ok to do it "occasionally" without a license, but if you intend to make any sort of a living off of it, then you need an FFL.

It's noticeably devoid of any sort of specific figures or criteria, so enforcement would largely be up to whoever happened to investigate it and whether they ever knew about it in the first place.

>>32951828
Under ATF guidance, there is no magic number. You may sell your property at what you deem the value. Now under I594, you need to take the gun to a FFL and have the buyer do a background check. That's the legal way. Now assume someone were to sell their guns and not do a check, how would they trace them to you? Assuming that person owned them befor 2014. If anyone thinks anything different, show me the ATF letter or the laws.

>>32951869
That would be correct.

The problem is, as >>32951922
points out, it's really and purposely crappily written specifically so it could be applied as broadly as the current regime sees fit.

>>32951958
This is where I start to get somewhat confused. What would differentiate a person who buys and legally sells a lot of guns because they enjoy doing so versus someone who does the same thing but had the intent for profit.

>>32951828
Legally a little weird since the ATF usually cites lack of FFL in the transaction as the problem and all WA sales require an FFL. Personal advice is if you are planning on making a significant amount of money (more than at most a few grand) you should just pony up the FFL cost (it's very minimal) and do everything above board. Also remember that you are technically supposed to report ALL income on your W2, but let's be real that ain't really happening.

If you want to color perfectly within the lines of the law, you're better off just getting an FFL and be done with it. It's a hassle but it's worth it even if you just want to mostly handle transfers and occasionally sell a few odd guns here and there. Far as I know though, you can legally do private transfers as long as you don't do more than 10 in a year. I don't know how they're supposed to enforce that exactly, but that's the ATF and that's how they keep revenue coming in.

As with everything, take any legal advice on a Nepalese sand-drawing forum with a grain or three of salt.

I just realized that all the rich Jews that buy up all the Full Funs as an investment are buy a gun for profit. We need to go after these Jews who are hording the fun and return them to the masses.

>>32952025
I'm no lawyer, but I think the difference would be whether you buy the gun with the intent to resell it at all, or if you bought it to keep and later decided to upgrade to something else.

I'm wanting to buy a rifle for the first time. Anyone know what they look at for the background check?

>>32951828
if you already have 10 guns, sell them for whatever price you think is fair. i have a friend who gets bored of guns all the time, he sells his stuff all the time.
now buying with the intent to resell is a no no. getting bored or needing money and selling what you have is fine.