Please read before selling any guns!

[JimmyScags]

Hey Guys,

First, I am not a lawyer, nothing here is legal advice, and I can’t provide legal advice.

The ATF has recently changed the rules on selling guns. It affects regular people, not FFLs. I don’t want to see good people get jammed up on some stupid unconstitutional BS. I am currently interning for, Gilbert Ambler, a lawyer in PA, VA, & MD that specializes in firearms law. This is federal so his option is highly relevant. Please watch the video below. Many other lawyers, including our friends Emily and Richard, the Armed Attorney have made videos on the subject.

 

[BowhunterNJ]

So if you sell guns you're open to the ATF coming after you just out of presumption that you're a gun dealer selling for profit even if going through an FFL every time.  The video gives no idea on the threshold for this and leads us to believe even selling one could legally get the attention of the ATF. 

[JimmyScags]

I’ll post a link to the ATF Q&A when I get a chance. They actually don’t name a threshold, so if they wanted to break your chops, one could be enough. 

[bowguide]

this will be nullified just like every other thing they are trying to do

[Sako76]

ATF can’t catch real criminals so they are going after John Q Public for selling his Remington 11-87!  No wonder crime is so rampant in this country!

How will they know how much you bought the gun for?  My father had an FFL in Bergen County for 25 years, ATF never conducted an audit, State Police did once.

He did lose his NJ State Firearms Retail license after 25 years for having his business in a residential zoned area just like the video stated.

[JimmyScags]

47 minutes ago, bowguide said:

this will be nullified just like every other thing they are trying to do

I have hope it will too. I just don’t want good people getting caught up in the meantime.

[JimmyScags]

16 minutes ago, Sako76 said:

ATF can’t catch real criminals so they are going after John Q Public for selling his Remington 11-87!  No wonder crime is so rampant in this country!

How will they know how much you bought the gun for?  My father had an FFL in Bergen County for 25 years, ATF never conducted an audit, State Police did once.

He did lose his NJ State Firearms Retail license after 25 years for having his business in a residential zoned area just like the video stated.

I’m going to look at the Q&A again, I heard they altered the for profit language but I’m not 100% sure. 

[bowguide]

the atf is a sinking ship that is nothing but for hire thugs from the dumbocrats....theyve been losing every battle they start

[hostak126]

I have a friend in S.C. that is selling me a wasr 10, I'm aware It'll have to be made Jersey compliant. Even though he's going to have to go through an FFL in S.C. to ship it to my FFL of choice in N.J. can this still be done?

When I mean sell, he's basically giving it to me for nothing. It was his late brothers and doesn't have a use for it.

Edited May 8 by hostak126
more context

[JimmyScags]

@hostak126 that’s more nuanced. Truthfully I don’t know, nor could I provide an answer as that might be considered “practicing law” without a license. I recommend running it by an attorney who is familiar with the new “engaged in the business” ruling. Are you a member of US Lawshield? If so, Gilbert is a U.S. Lawshield independent program attorney and you might be able to speak with him about it. 

[hostak126]

15 minutes ago, JimmyScags said:

@hostak126 that’s more nuanced. Truthfully I don’t know, nor could I provide an answer as that might be considered “practicing law” without a license. I recommend running it by an attorney who is familiar with the new “engaged in the business” ruling. Are you a member of US Lawshield? If so, Gilbert is a U.S. Lawshield independent program attorney and you might be able to speak with him about it. 

I called u.s. lawshield. knowing my luck they'll call me back when I'm at work

 

[JimmyScags]

19 minutes ago, hostak126 said:

I called u.s. lawshield. knowing my luck they'll call me back when I'm at work

 

I'll send you a PM.

[JimmyScags]

So this is what lawyers have been reading through for information. It's 466 pages, unclear and often contradictory. That's why they are giving such "conservative" advice on it. Until it starts being enforced in earnest, they don't really know how it will be enforced.

[JimmyScags]

Here's the take from Emily and Richard. They're US Lawshield independent program attorneys from Texas.

 

 

I'm not sharing any of this info to tell anyone what to do or call anyone out. I have been a member of this forum for years, I have met many members, and consider it a community that I enjoy being part of. I just want to give everyone a heads-up so they can make an informed decision and hopefully stay out of trouble.

[Swamprat]

1 hour ago, hostak126 said:

I have a friend in S.C. that is selling me a wasr 10, I'm aware It'll have to be made Jersey compliant. Even though he's going to have to go through an FFL in S.C. to ship it to my FFL of choice in N.J. can this still be done?

When I mean sell, he's basically giving it to me for nothing. It was his late brothers and doesn't have a use for it.

Yes it can be done. BUT a NJ gun store/ffl can not sell a non compliant firearm. Whoever you plan on using talk with them first. Let them know the situation. See if they can do the compliance work and get a price.  In a perfect scenario he ships to the store.  They do the work. They transfer it to you. Assuming you have fid card and matching dl and pay and pass the nics check. 

But don't take my word. I'm not a lawyer and or an expert. Lol. Talk to the shops first.