Thursday, December 27, 2012

Gun Shows and On Line Sales

Part Three This is a Third in a series of posts informing folks about what is so much in the press, how to deter the mass murders we have been experiencing in the U.S.  It is not an argument for or against gun control; just explanations of terms we hear in the press that are not clearly defined.

Gun Shows
All gun dealers who have a booth or table at a gun show have an FFL.  They must operate under the same federal laws that they abide by in their shop.  Sales and purchases have to be documented, background checks called in, and a permanent record is kept.  They have to indicate in their records that they sold the firearm at a gun show, and where the show was located.

However, there is no law which mandates that a person with table space have an FFL.  Private sales of guns (non-dealers) can be done from purchased table-space.  Note that ATF Agents sometimes visit gun shows under cover.  They check to see if  private sellers with table space are keeping some sort of record of sales.

So, why do you see documentaries and news programs claiming that anyone can purchase a gun at a gun show?   The reason is that the gun show promoters allow individuals who do not have an FFL to have a table or come into the gun show and sell firearms to other individuals.  During the gun show individuals can carry firearms (checked at the door by law enforcement to guarantee the firearms are made safe and unloaded) they want to sell around with them.  They can trade or sell these with a FFL dealer or with an individual.  When they trade or sell with an individual it is a paperless purchase.

Private owners have the right to sell their private property in any way they see fit as long as no law is broken.  Private sales should be accompanied by some sort of exchange of personal information for legal reasons (if the gun sold is used in a crime).  This does not always happen.  Private individuals do not have access to the background checks, only FFLs do.  Private owners can make profits off their sales.  There is a catch.  Private owners cannot engage in interstate commerce.  A collector in Ohio cannot go to a show in Kentucky and purchase a table to sell privately owned firearms.

The exception to this are antique firearms (models manufactured before 1898).  These can be transferred between any individuals anywhere.  Note the model number does not matter. An 1898 Mauser produced in 1944 is not an antique. However it could be classified as a curio & relic fire arm.

C&R firearms require a different type of license.  C&R dealers can perform interstate transfers of firearms that fall under those laws.  The ATF regulations for C&R firearms are found here. Note:  C&R  holders are NOT dealers.  C&R items do not require background checks, but do require log book entries.  For a C&R holder to engage in sales, they have to acquire an FFL.

I worked a gun show with a FFL dealer and it is frustrating to see that individuals are making transactions without paying the booth fee or completing the proper paperwork and background checks.  The people who are buying those firearms have no guarantee they work or that they have not been involved in a crime.  They don't know what they are purchasing.  The only thing they know is that the gun they are purchasing can not be traced to them. 

Online Sales
GunBroker.com is an online sales site for firearms.  This is a common site for FFL's to sell and purchase firearms.  Again, the online sales are subject to the same federal laws.  Guns can be purchased by an individual, but the FFL seller cannot mail the firearm directly to the buyer.  The FFL seller sends the firearm to the local FFL of the buyer.  The FFL name and address can be supplied by the buyer or the FFL can check on the   

Example:  Alan is a FFL in Ohio and when he sells a firearm to me via GunBroker.com  As a resident of Brownsville, Texas, he must send the firearm to Larry Massey, my local FFL and I pick it up from Larry who will charge me a $25.00 FFL fee for him to process the paperwork.  Before Larry can give me the firearm, I must complete the federal paperwork and he must do the background check just as if I purchased it from him. in Brownsville.  He does this because he has to log the gun in when he receives it and log it out to me.  Transfers between FFLs are legal in all intra and interstate transactions.  FFL holders do not require background checks for each transfer. 

You don't have to be an FFL to sell on Gun Broker if you are selling firearms however the sale must go through a FFL.  You can sell firearms out of your collection but you are subject to send the purchased firearm to the buyer's local FFL and they complete the federal paperwork.  They will charge a fee to do so.  The FFL can refuse to process the gun if it was sold by an unlicensed dealer or individual.  

If you are a seller who is purchasing guns from a dealer, manufacturer or wholesale company and reselling firearms for profit, you are an illegal dealer.  You can expect a visit from your local ATF office.  Same if you are sending them directly to the buyer avoiding the paperwork by not sending it to an FFL.

GunsAmerica.com is another popular firearm sales web site.  They have listings from FFLs and from individuals.  They advertise that they are only an advertising site and the legality of the sale is up to the seller.  There are plenty listings from individuals and there does not seem to be a restriction that guns must be transferred through a FFL.

Craig's List is complicated.  With lots of clicks they state that firearms are prohibited, however firearms can be seen on Craigs List just by browsing though the listings.   The buyer takes the same risk as at paperless purchase at the gun show:  no guarantee the firearm will work and no guarantee that the firearm had been involved in a crime.  The seller takes a risk of getting a visit by the local ATF Office.

Summary

Important Point to Consider  A background check is not the same as registration. (Thanks Anonymous!)

Sales at gun shows and internet sites.
  • Gun Shows and web sites require firearm dealers who have paid for booths or ads to be a FFL.  The FFL must go through the formal process of selling guns, including a background check, just as if the sale were in their shop. 
  • Gun Show Promoters will allow paperless gun sales between individuals with no background check or documentation of the transaction.
  • Gun sales web sites can have paperless firearm sales between individuals if just by ignoring what happens after the sale, stating the burden of legality is on the seller, or just not having any check or balance on what gets listed.  They do have some documentation with the buyer and seller being required to register before they can buy or sell.  There is no background check.
Paperless gun sales
  • Can avoid the buyer paying sales tax, undergoing background checks, and documenting the transfer of ownership of firearms.
  • Eliminates the background checks and documentation.  
  • It is unknown how many sales are occurring without paying sales tax.  This could be another source of revenue for supporting programs like providing more security to schools.
The Gun Show Loophole:

One of the gun show loopholes can be plugged if sales between individuals must be conducted through a FFL who will process the paperwork and do the back ground checks.  This will also make the deal subject to sales tax and be fair to the FFLs who have purchased booths or tables  who burden the expense of federal regulations.

There is another loophole, flea markets.  We are going to save this for another post. I am now exhausted.

2 comments:

  1. The small loophole that is there can be closed without infringing on rights. It is Registration that actually carries the danger for gun owners. The closure of this loophole would be a positive thing to have for the image of the gun owner and seller. People should understand that a background check is NOT the same as Registration. That is the image that most people fight as far as closing the loophole. Very good post!

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