(Continued from Part 2. This installment concludes the article.)
Legal Issues
I’d be remiss if didn’t go over some of the statutory legality issues, liability issues, and tax issues associated with running gun show tables.
As most folks know, when they walk into a gun show they will be seeing two types of sellers with guns on their tables: Professional dealers with FFLs, and casual unlicensed sellers. The FFL holders can buy and sell both new and used guns. Legally, they must display their license. Casual sellers like me can only buy or sell guns that have already been “papered”, or ones that never were papered (pre-1968 guns.) These can still be “new in box”, but they must be secondary market guns. Folks like me are mainly there at shows to trade, with the goal of upgrading and.or expanding our collections.
Casual secondary sales of firearms do not require a license or any background checks, in the 37 still free “private party sales” states. But there are sadly now 13 states that require background checks on the sales of ALL post-1898 guns. Gun shows in those states are now require the rigamaroll of selling through “transfer dealers”, complete with a “Mother May I? ” phone call to the FBI. In my opinion that is unconstitutional. But until that law gets overturned by the courts, it is still the law.
Applying for a FFL is not required under Federal law, unless you are “engaged in the business” of selling modern guns for your principal livelihood. Whenever the ATF is asked to define how many guns per year or what percentage of income constitutes “engaged in the business”, they are always evasive. They don’t want to go on record as doing so. I consider this a fear tactic, and it troubles me. But I cannot see any rational jury ever convicting someone of being “engaged in the business” if their weekend sales make up less than 20% of their annual income. For the record: I am not a “gun dealer” as my profession. I’m a novelist and blog writer. Those are the sources of 95% or more of my income. If I sell or trade guns occasionally at gun shows, that does not make be a “dealer.” This simply is not my principal livelihood. And remember, it is only sales of seriaiized, modern (post-1898) guns that count toward the “engaged in the business” percentage. Sales of any other merchandise (including pre-1899 guns, assorted parts, and 80% complete receivers) are not regulated under Federal law. So they are outside of Federal jurisdiction.Continue reading“Running a Gun Show Business – Part 3”