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How Do People Buy Guns Legally?

JonC

Moderator
Moderator
I agree with @HankD . One page of dead horse beating ain't even a good start.

Anyone who hangs out on the Cal/Arm section knows this.
 

Reynolds

Well-Known Member
Site Supporter
From the Legal Brief
In the discussions here, many assume the American firearms market is unregulated. Mr. Kraut in this video gives an overview of the real-life hoops buyers and sellers have to jump through. I hope he is able to clear up the misconceptions that keep coming up here.
You order them on the internet and the UPS man leaves them on your front porch?? That's what the libs believe.
 

Martin Marprelate

Well-Known Member
Site Supporter
From the Legal Brief
In the discussions here, many assume the American firearms market is unregulated. Mr. Kraut in this video gives an overview of the real-life hoops buyers and sellers have to jump through. I hope he is able to clear up the misconceptions that keep coming up here.
Thank you for this, Squire. Very helpful. We in Britain are not always familiar with U.S. law.
However, would you please have a look at this tweet
Mic on Twitter
and tell me if this fellow is correct that he bought an AR 15 rifle from a guy in a parking lot and that it was entirely legal.

I'm not trying to contradict you, only to understand.
 

Adonia

Well-Known Member
Site Supporter
Thank you for this, Squire. Very helpful. We in Britain are not always familiar with U.S. law.
However, would you please have a look at this tweet
Mic on Twitter
and tell me if this fellow is correct that he bought an AR 15 rifle from a guy in a parking lot and that it was entirely legal.

I'm not trying to contradict you, only to understand.

Private transactions are legal, but if the person who sold this firearm is doing this over and over again then he has become a defacto dealer and is now in violation of the law. Everyone who does this as a business needs to have a FFl (Federal Firearms License) which allows the person involved to buy and sell firearms legally.
 

Gold Dragon

Well-Known Member
Private transactions are legal, but if the person who sold this firearm is doing this over and over again then he has become a defacto dealer and is now in violation of the law. Everyone who does this as a business needs to have a FFl (Federal Firearms License) which allows the person involved to buy and sell firearms legally.

The line between private seller and dealer seems pretty vague to me.

https://www.atf.gov/file/100871/download

Who needs a Federal license to deal in firearms?

Under federal law, any person who engages in the business of dealing in firearms must be licensed.

What does it mean to be “engaged in the business of dealing in firearms”?

Under federal law, a person engaged in the business of dealing in firearms is a per- son 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.”

Under federal law, conducting business “with the principal objective of livelihood and profit” means that “the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection.”

Consistent with this approach, federal law explicitly exempts persons “who make 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.”

Has ATF defined what it means to be “engaged in the business” of dealing in firearms?

ATF has published regulatory definitions for the terms “engaged in the business” and “principal objective of livelihood and profit.” ATF’s regulation defining when a person is “engaged in the business” of dealing in firearms is identical to the lan- guage of the statute, though in the definition of “dealer,” ATF clarified that the term includes “any person who engages in such business or occupation on a part-time basis.”
 
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JonC

Moderator
Moderator
A very edited video. Why the cuts? What is CNN trying to hide?
CNN is probably trying to hide that they are wrong (at least for my state).

While it is right that a 13 year old kid could buy a firearm from an individual seller, they are wrong that it would be legal. It is illegal (in Tennessee) for me to sell a gun to someone who could not legally own, use, or purchase a gun. I could do it, but it would be illegal (like providing alcohol to a minor).

To compare apples to apples, they should have taken the kid to a gun store and had him try to purchase a gun. Or perhaps have him ask people on the street for a beer, or smoke.

That said, there is no background check. If I sold a gun to Mr. Smith, I could verify his age and state of residence but I would not typically know his background. There are no laws requiring individuals to perform background checks.
 

HankD

Well-Known Member
Site Supporter
You forgot how the liberal mindset works. Tell a lie enough times and it becomes true.
Correction: You forgot how the liberal mindset works. Tell a lie enough times and it becomes believed to be true.
:)
 

loDebar

Well-Known Member
Those who adhere to the law use the legal purchase system .If you know you would fail, they would find another way. Private sales do not have checks. This makes some sellers liable on some transactions,, Felons (some) and those judged currently mentally unstable or domestic violence records will not pass a check. If a felon wants a gun, they will get a gun. It will not be a "AR-15" which is a COLT brand. The Florida shooter used a S&W MP 15 in .223 which is cheaper but over $500.
It functions like any semi automatic .22 beginners rifle

The average deer hunter uses a cartridge with much more power.
 
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agedman

Well-Known Member
Site Supporter
Where does a typical teen with no mother or father, living off the welfare of others, get $500.00?

Add to that multiple clips, and amo.

Follow the money and prosecute the seller or giver of the weapon for public endangerment.

I am not opposed to responsible gun ownership, but perhaps, prior to selling, the weapons should be insured.

The insurance rate categorized by type, typlical use, and age of users.
 

Salty

20,000 Posts Club
Administrator
What is shown above is a "banana" clip - about 30 rounds - Standard magazine holds about 20 rounds.
 

TCassidy

Late-Administator Emeritus
Administrator
What is shown above is a "banana" clip - about 30 rounds - Standard magazine holds about 20 rounds.
No, it's not. On the left is a "stripper clip" used to load the internal magazine on an M1 or similar rifle.

On the right is a standard capacity magazine for an AR-15.
 
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