Novus Collectus
Member
I was wondering since the ATF says that a same state resident 03 licensee to 03 licensee sale of C&Rs (if legal in their own state) is not subject to the Brady law, would a purchase of a C&R made for another licensee be considered a "straw purchase"?
The reason I ask is because of some three C&R rifle deals some distributors have, or a multiple purchase to save on shipping. Now this would not fall under dealing since it would be a sale not for profit:
I assume there could also a difference if the other dealers gave the money before the purchase instead of one peson buying all three and later selling them to the other collectors, but the intent would still be there if that was the reason for the purchase. So if it is considered a straw purchase for a licensee to purchase for another licensee, then I could see it applying either way.
This is what I think, if an 01 FFL can purchase a gun for another 01 or even an 03 FFL and then transfer to them by recording in their bound books, then why would a C&R purchase made by one 03 FFL for another 03 licensee be any different if not for profit?
(I asked a mod if it was ok to start this legal question thread in this forum)
http://www.atf.treas.gov/firearms/faq/faq2.htm#p12(P11) Does the Brady law apply to the transfer of firearms between two licensees? [Back]
No. The Brady law only applies when a licensed importer, manufacturer, or dealer is transferring a firearm to a non-licensee.
(P12) Must licensed collectors comply with the Brady law prior to transferring a curio or relic firearm? [Back]
No. Transfers of curio or relic firearms by licensed collectors are not subject to the requirements of the Brady law.
(P13) Is the transfer of a firearm by a licensed dealer to a licensed collector subject to the Brady law? [Back]
The Brady law does not apply to the transfer of a curio or relic firearm to a licensed collector. However, a licensed collector who acquires a firearm other than a curio or relic from a licensee would be treated like a non-licensee, and the transfer would be subject to Brady requirements.
The reason I ask is because of some three C&R rifle deals some distributors have, or a multiple purchase to save on shipping. Now this would not fall under dealing since it would be a sale not for profit:
http://www.atf.treas.gov/firearms/curios/faq.htmWhat does "engaged in business" mean?
The term "engaged in business," as applicable to a firearms dealer, is defined as 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.
I assume there could also a difference if the other dealers gave the money before the purchase instead of one peson buying all three and later selling them to the other collectors, but the intent would still be there if that was the reason for the purchase. So if it is considered a straw purchase for a licensee to purchase for another licensee, then I could see it applying either way.
This is what I think, if an 01 FFL can purchase a gun for another 01 or even an 03 FFL and then transfer to them by recording in their bound books, then why would a C&R purchase made by one 03 FFL for another 03 licensee be any different if not for profit?
(I asked a mod if it was ok to start this legal question thread in this forum)