how many sold firearms till you are a person of interest (Read 2260 times)

stangzilla

how many sold firearms till you are a person of interest
« on: June 17, 2020, 11:15:31 AM »
hypothetical question from a friend:
how many firearms do you have to sell before you become a person of interest and you are not a ffl dealer?
like say 5 in a year?
or 10 in a year?
is there even a number?

macsak

Re: how many sold firearms till you are a person of interest
« Reply #1 on: June 17, 2020, 11:24:06 AM »
hypothetical question from a friend:
how many firearms do you have to sell before you become a person of interest and you are not a ffl dealer?
like say 5 in a year?
or 10 in a year?
is there even a number?

tell "a friend" that they are already watching

Flapp_Jackson

Re: how many sold firearms till you are a person of interest
« Reply #2 on: June 17, 2020, 11:52:51 AM »
hypothetical question from a friend:
how many firearms do you have to sell before you become a person of interest and you are not a ffl dealer?
like say 5 in a year?
or 10 in a year?
is there even a number?

Many factors.

Patterns aren't just about the number of sales per time period.

Quote
Determining whether you are “engaged in the business” of dealing in
firearms requires looking at the specific facts and circumstances of
your activities.

As a general rule, you will need a license if you repetitively buy and
sell firearms with the principal motive of making a profit. In contrast,
if you only make occasional sales of firearms from your personal
collection, you do not need to be licensed.

Courts have identified several factors relevant to determining on
which side of that line your activities may fall, including: whether
you represent yourself as a dealer in firearms; whether you are
repetitively buying and selling firearms; the circumstances under
which you are selling firearms; and whether you are looking to make
a profit. Note that while quantity and frequency of sales are relevant
indicators, courts have upheld convictions for dealing without a
license when as few as two firearms were sold, or when only one or
two transactions took place, when other factors were also present.

https://www.atf.gov/file/100871/download
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

stangzilla

Re: how many sold firearms till you are a person of interest
« Reply #3 on: June 17, 2020, 12:40:14 PM »
Many factors.

Patterns aren't just about the number of sales per time period.

https://www.atf.gov/file/100871/download


thanks   :shaka:

changemyoil66

Re: how many sold firearms till you are a person of interest
« Reply #4 on: June 17, 2020, 01:15:56 PM »
If you buy X amount within X days, the FFL is required to notify the ATF.

Flapp_Jackson

Re: how many sold firearms till you are a person of interest
« Reply #5 on: June 17, 2020, 03:02:26 PM »
If you buy X amount within X days, the FFL is required to notify the ATF.

More specifically, without the algebraic formula  :D ...

Quote
The Gun Control Act (GCA) of 1968 requires federal firearms licensees to report multiple sales or other dispositions
of handguns to the same purchaser. In accordance with 18 U.S.C. § 923(g)(3), the sale or disposition
of two or more handguns must be reported if they occur at the same time or within five consecutive business days
of each other.

In August 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) was authorized by the Office of
Management and Budget (OMB) under information collection 1140-0100 (Report of Multiple Sale or Other Disposition
of Certain Rifles - ATF Form 3310.12) to initiate similar reporting requirements on the multiple sale or other disposition
of certain rifles from licensed firearms dealers in the four border states of Arizona, California, New Mexico and Texas.

In January 2018, an extension of 3 years (ending January 31, 2021), was granted for this collection.

The reporting requirements mandate that all federally licensed firearms dealers and pawnbrokers in Arizona, California,
New Mexico and Texas, submit to ATF reports of multiple sales or other dispositions of certain rifles to unlicensed
individuals when two or more particular kinds of rifles are transferred at the same time or within five consecutive business
days of each other. The types of rifles that must be reported are those with the following characteristics: semiautomatic,
a caliber greater than .22 (including .223 or 5.56 mm), and the ability to accept detachable magazines.

ATF has long used multiple sales information to detect, investigate and prevent firearms trafficking. ATF views the recovery
of one or more firearms used in crimes that were part of a multiple purchase as an indicator of firearms trafficking,
particularly if one of the firearms was recovered a short time after the multiple sale occurred, known as a short time–to–crime
ratio.

https://www.atf.gov/resource-center/fact-sheet/fact-sheet-multiple-firearms-sales#:~:text=Fast%20Facts,business%20days%20of%20each%20other.

This has more to do with uncovering illegal trafficking of firearms than determining if you are running an unlicensed firearm resale business.  Plenty of licensed FFLs have gone to prison for breaking gun trafficking laws.  That's kind of what Fast & Furious was supposed to be about -- uncovering the network of illegal arms traffickers to the Mexican cartels supposedly flowing through small licensed gun dealers.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

drck1000

Re: how many sold firearms till you are a person of interest
« Reply #6 on: June 18, 2020, 10:01:43 AM »
Y'all sell firearms?   ???

 ;D

Bota-CS1

No one is coming, it’s up to us.

Legislation should never be about depriving law abiding citizens of something, but rather taking those things away from criminals.

hvybarrels

Re: how many sold firearms till you are a person of interest
« Reply #8 on: June 18, 2020, 11:09:10 AM »
Stop blaming lazy people. We didn’t do anything.

changemyoil66

Re: how many sold firearms till you are a person of interest
« Reply #9 on: June 18, 2020, 11:11:36 AM »
So he's still in jail?  No early Corona release.