When do you need to apply for a FFL?

[Damjan 73]

The CMP thread got me thinking....How many rifles/handguns/other can someone sell over a period of time before you would need an FFL and the activity is viewed as commercial by authorities?

 

I rarely sell anyting but maybe others do this frequently. So what s the guideline?

[1563621 388]

There is no set # of transfers. Fly UNDER the radar.

[Soju 153]

I believe the ATF has stated that selling off a collection or selling firearms you no longer want is fine and does not require you to have a FFL.

 

Edit:

 

Looks like I lied. It is right in the federal code.

 

18 USC § 921 - Definitions

 

(21) The term “engaged in the business” means—

 

(C ) as applied to a dealer in firearms, as defined in section 921 (a)(11)(A), 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;

 

 

(D) as applied to a dealer in firearms, as defined in section 921 (a)(11)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms;

[PK90 3,570]

"...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..."

 

If someone is buying then selling soon after, they may be deemed to be dealing in firearms without a license. This may also include not taking possession from a dealer and having the dealer transfer it to someone else. I have had ATF investigate two customers.