The_Busy_Mom wrote:Devotes time, attention, and labor - Standing outside the doors at Academy at 2am, knowing said store doesn't open until 8 am, to buy a firearm you intend to take to the gun show to sell the next day.
Principal objective of livelihood and profit- doesn't say your 'day job' is your only livelihood. If the profit you seek goes toward a bill or food for the household, that profit gain contributes to your livelihood.
Repetitive - Said line standing and purchasing on more than 1 occasion, and then flipping the firearm, is repetition.
I agree that the use of the straw purchase example earlier in this thread is a misuse. You and I can agree on that. Your story above applies that you did not 'intend' to flip the firearm you were purchasing. However, in the OP's original statement, the intent was to flip the firearm, for a profit. Which, IMO, is the very definition of the Federal Code. Where the examples I just mentioned deviate from the 'dealer' is when you have entered them into your personal collection, and then choose to sell them off for a profit. No, you don't have to have a particular place to store the firearm. But you have to put it in your personal collection. For example, I have a paper that lists all my firearms, their serial numbers, make, model, etc., so that if they were to be stolen, I would have the information I need to properly make a claim on insurance/call the police, etc. If the purchased firearm never goes into my record because I intend to flip it, then I did not purchase it to enhance my personal collection. That is just one example I use personally. You may have another way of 'placing' a firearm into your personal collection. However, buying to flip is not an example.
While I understand your reasoning, it just doesn't work that way in real life. There is no requirement for making the weapon a part of your personal collection. The instant I buy it, the weapon becomes mine and thus... In my personal collection. There is no rule stating I have to write down anything or file anything declaring it is part of my personal collection. While your insurance carrier may want proof you owned the weapon if it is stolen or ruined in a fire, this has nothing to do with whether or not the gun is part of my "personal collection". I don't have two different classifications of weapons in my house... Nobody does.... Except for an FFL. I believe an FFL is required to keep records separate but maybe not. The rest of us don't have to do that.
Waiting in line to buy a weapon does not make it illegal either. Neither does getting on a waiting list to buy it.
Truth is, trying to show a person is engaging in the firearms business without an FFL.... Is almost impossible to prove unless someone is just flat out being stupid about it. Like someone posted earlier. There isn't a number attached to the law.
I suppose if I were to make a daily habit of buying weapons at academy and selling them on gun broker or at a gun show, I might get some attention, but that would fall in the stupid category.
I thought of a question I had about the wording in your last sentence. What if I said I bought a gun because I believed the value of it would go higher and I thought it would be a good investment. Is that what you mean when you say " buying it to flip"? Is it a time frame issue? There is no law concerning how long I have to wait before selling it. I can decide to liquidate my personal weapons any time I choose.