NC law on frequency of private firearms sales

rufrdr

rufrdr

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I've taken the opportunity to sell of some firearms I don't want any longer in order to upgrade to something more desirable. How does NC view private gun sales in the sense of past a certain number in a year you are considered to be 'in the business' and should have an FFL?
 
Grits said:
The alphabet boys may take a different view but just so you're not using sales to make a living.
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I'm careful to lose money on every gun, in order to avoid this issue. :(
 
rufrdr said:
I've taken the opportunity to sell of some firearms I don't want any longer in order to upgrade to something more desirable. How does NC view private gun sales in the sense of past a certain number in a year you are considered to be 'in the business' and should have an FFL?
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I don't know of any statute governing the volume of permitted private transactions per year. I'm also not aware of any that say 'if you (make/lose) a buck you (do/don't) need an FFL'

We're 3 weeks into January... if you're already worried about this my hat's off to you because you're having way more fun than I am :)
 
rufrdr said:
Monitor this site?
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In my experience it is very rare for someone to get arrested for what you are describing. The few times I have heard about it, it was pretty obvious...i.e. people ordering a mass amount of stuff just to turn around and sell it. People are selling off collections all the time. People, even here, have come in, sold 5-10 firearms in short order because they needed cash.

The only real way you would get in any major trouble is if you were ordering them, filling out paperwork saying they were for personal use, and then immediately selling them. And even then, only if someone reported you. And even then only if it was blatant and repeated.
 
Geezer said:
Private means private.
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Exactly. I don't full out a BOS even if the buyer says he needs one. I'm not giving my identity to anyone nor collecting that from anyone. I am not trusting that someone else won't get broken into and have papers stolen.
Yet some people post stuff here and demanding the seller/buyer complete a BOS.
 
ATF’s own Q&A will tell you they can still consider you a dealer even if you are losing money.

To the OP, the state of NC has nothing to do with this question, other than the very rare instance where they go after you for sales tax, in which case it would be because the feds have already gone after you for being a dealer.

There is no magic number in statute that defines someone as being a dealer and needing an FFL. If ATF decides for one reason or another to go after you, you have a 99% chance you’ll find out because they will pay you a visit first and have a friendly chat about needing an FFL.

I wouldn’t sweat it, if I were you. What I’ve seen of your selling on the forum is a drop in the bucket compared to what a lot of other people do on forums and at shows. And, selling stuff you have to upgrade your collection is something they specifically address in their Q&A as not making you a dealer.
 
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fishgutzy said:
Exactly. I don't full out a BOS even if the buyer says he needs one. I'm not giving my identity to anyone nor collecting that from anyone. I am not trusting that someone else won't get broken into and have papers stolen.
Yet some people post stuff here and demanding the seller/buyer complete a BOS.
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I agree. Had our forefathers been like some of us they would have gotten the Kings permission to throw the tea into the harbor! If I’m not mistaken, someone on this site or a similar site wanted to see a permit to sell a barreled upper receiver! Fortunately for some of us the Constitution is still the law of the land!
 
cubrock said:
ATF’s own Q&A will tell you they can still consider you a dealer even if you are losing money.

To the OP, the state of NC has nothing to do with this question, other than the very rare instance where they go after you for sales tax, in which case it would be because the feds have already gone after you for being a dealer.

There is no magic number in statute that defines someone as being a dealer and needing and FFL. If ATF decides for one reason or another to go after you, you have a 99% chance you’ll find out because they will pay you a visit first and have a friendly chat about needing an FFL.

I wouldn’t sweat it, if I were you. What I’ve seen of your selling on the forum is a drop in the bucket compared to what a lot of other people do on forums and at shows. And, selling stuff you have to upgrade your collection is something they specifically address in their Q&A as not making you a dealer.
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I seem to recall that under a previous administration, the ATF was ordered to narrow what was considered a valid FFL. And in doing so, the ATF pulled the FFL's of a lot of people who only sold/transferred a few guns a year. Then AG Holder tried to redefine it again to requiring an FFL for a very small number of sales such that it would effectively ban many private sales. Of course, this was while Holder was ordering a gun dealer to illegally sell guns to prohibited persons then tried to have the dealer prosecuted when Holder got outed.
 
Catfish said:
I don't know of any statute governing the volume of permitted private transactions per year. I'm also not aware of any that say 'if you (make/lose) a buck you (do/don't) need an FFL'

We're 3 weeks into January... if you're already worried about this my hat's off to you because you're having way more fun than I am :)
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:)
 
cubrock said:
ATF’s own Q&A will tell you they can still consider you a dealer even if you are losing money.

To the OP, the state of NC has nothing to do with this question, other than the very rare instance where they go after you for sales tax, in which case it would be because the feds have already gone after you for being a dealer.

There is no magic number in statute that defines someone as being a dealer and needing and FFL. If ATF decides for one reason or another to go after you, you have a 99% chance you’ll find out because they will pay you a visit first and have a friendly chat about needing an FFL.

I wouldn’t sweat it, if I were you. What I’ve seen of your selling on the forum is a drop in the bucket compared to what a lot of other people do on forums and at shows. And, selling stuff you have to upgrade your collection is something they specifically address in their Q&A as not making you a dealer.
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Great reply, thanks!
 
fishgutzy said:
Exactly. I don't full out a BOS even if the buyer says he needs one. I'm not giving my identity to anyone nor collecting that from anyone. I am not trusting that someone else won't get broken into and have papers stolen.
Yet some people post stuff here and demanding the seller/buyer complete a BOS.
Click to expand...

Got an SC licence? Yes...check
You a felon? No...check
Got cash? Yes...sold
 
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