On “Engaged In The Business”
The eloquent Michael Z. Williamson pokes all kinds of holes in the executive order unveiled yesterday.
ATF has guidelines for what constitutes “Engaging in the business” of selling firearms, though has no concrete definitions on how many guns one may sell. The new “advisory” they just published as part of President 0’s new “gun control” push simply reiterates exactly what they already say.
Here is a layman’s summary of the matter:
To buy new guns at wholesale, one must have an FFL–Federal Firearm’s License, which come in several flavors for selling, smithing, manufacturing, ammunition, explosives, and with addenda for import or restricted National Firearms Act weapons–silencers, machine guns, short barrels, destructive devices and certain oddities.
If one plans to “Engage in the business” of selling firearms, new or used, an FFL is required.
Read the rest of the article: http://www.michaelzwilliamson.com/blog/index.php?itemid=388
What the Law says:
The term “dealer†is defined at 18U.S.C. § 921(a)(11)(A)
to include any person engaged in the business of selling firearms at wholesale or retail.
The term “engaged in the business†as applied to a dealer in firearms
means 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.
A dealer can be “engaged in the business†without taking title to the firearms that are sold.
However, the term does 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.
18 U.S.C. § 921(a)(21)(C)
Main point: “principle objective of livelihood”. Your primary job.