Rules and Limitations for Non FFL Holding / Private Collectors of Firearms?

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  • tradertator

    Grandmaster
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    128   0   0
    Jul 1, 2008
    6,783
    63
    Greene County
    While reading a thread today, I read about an INGO member receiving a home visit from an ATF agent in regards to multiple firearm purchases within a short time. This sparked my interest, and I was wondering the following in regards to a non FFL holding, law abiding Indiana citizen:
    -Is there a limit on the number of firearms one can own?
    -Is there a limit on the number of firearms one can purchase in an allotted time frame?
    -Is there a limit on the number of firearms one can sell privately in an allotted time frame?
    -Is there a limit on the amount of ammunition one can own?
    -Is there a limit on the amount of ammunition one can purchase in an allotted time frame?
    I'm sure I'm forgetting some other important questions, but these should get the discussion started. Sorry if this has been covered before. Tthe last thing I want is a unsuspecting, responsible gun owner to inadvertently find them self in a legal violation regarding the ownership and / or purchase of 2A related items.
    I do ask that your relates to my OP, and that this does not become a BATF bashing / 2nd Amendment infringement / Anti-LEO / etc. type of thread.
    Thanks :ingo:
     
    Last edited:

    Drakkule

    Expert
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    19   0   0
    Jul 9, 2011
    1,195
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    Butler,IN. 46721
    I'm the guy that got the visit, and i asked a lot of questions, i figured they were there, and how often will i get this chance to get some answers. I was told that there is no specific number that you can own. There is no limit to how many you can buy in an allotted time. Were you run into trouble is when you sell "to many" guns in a certain amount of time, if the ATF considers it a business, they will tell you to get a FFL. When i asked how many i could sell, they said there is no specific number, it will be handled on a case by case basis. I don't know if there is a limit on how much ammunition you can own, but they saw about 8000 rounds, and didn't say anything to me. As far as buying ammunition, i have bought about 4000 rounds at once a few times, they don't make you fill out paperwork on ammo, so i don't think they care that much. I do not know for sure, i am just going by what i was told at the time of the visit, and the follow up phone conversation we had.
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,069
    77
    Far West Suburban Lowellabama
    Answers in RED type.

    -Is there a limit on the number of firearms one can own? NO

    -Is there a limit on the number of firearms one can purchase in an allotted time frame? NO

    -Is there a limit on the number of firearms one can sell privately in an allotted time frame? NO . . . BUT, be aware that if it can be proven that you are actually buying and selling with the intent to turn a profit then you can potentially be charged with TAX EVASION or operating as an ILLEGAL GUN DEALER. I was told by one former ATF agent that they used a rule of thumb of 7 guns per year for sales before they would begin to build a case, absent other factors. I have no idea if that rule of thumb is (still) valid. However while the ATF may not sick its big dogs after you, but that does not mean the IRS won't come after you for failure to report income on the sales and, potentially for failure to license a business, etc.

    -Is there a limit on the amount of ammunition one can own? NO

    -Is there a limit on the amount of ammunition one can purchase in an allotted time frame? NO
     

    Chefcook

    Shooter
    Rating - 100%
    8   0   0
    Oct 20, 2008
    4,163
    36
    Raccoon City
    It is not illegal to do so but if you purchase two or more handguns in a 5 day period the FFL holder has to notify the ATF..

    [FONT=&quot]The dealer must keep the Form 4473 for twenty years and is subject to inspection by the Bureau of Alcohol, Tobacco, and Firearms (BATF or just ATF). The dealer also records all information from the form 4473 into his bound-book. A dealer must keep this log the entire time he is in business and is required to surrender the log to the ATF upon retirement from the firearms business. [/FONT][FONT=&quot]In addition, the sale of two or more handguns within five days to the same person must be reported to the ATF via a Form 3310.4. [/FONT]
     

    figley

    Expert
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    18   1   0
    Jun 18, 2009
    1,036
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    SW Indy
    I'm considering liquidating more than seven, in a time period of less than a year. I have the intention of turning the funds from several, for which I have no purpose, into one or two, "tier one" rifles & optics.

    I've owned all guns in question, for a minimum of two years. Doubtful that I'll make any profit.

    Is this something worth being concerned about?
     

    Chefcook

    Shooter
    Rating - 100%
    8   0   0
    Oct 20, 2008
    4,163
    36
    Raccoon City
    I'm considering liquidating more than seven, in a time period of less than a year. I have the intention of turning the funds from several, for which I have no purpose, into one or two, "tier one" rifles & optics.

    I've owned all guns in question, for a minimum of two years. Doubtful that I'll make any profit.

    Is this something worth being concerned about?

    No
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,069
    77
    Far West Suburban Lowellabama
    I'm considering liquidating more than seven, in a time period of less than a year. I have the intention of turning the funds from several, for which I have no purpose, into one or two, "tier one" rifles & optics.

    I've owned all guns in question, for a minimum of two years. Doubtful that I'll make any profit.

    Is this something worth being concerned about?
    No. If you are liquidating. But if you are buying and re-selling then you would probably not be considered to be liquidating.
     

    CampingJosh

    Master
    Rating - 100%
    18   0   0
    Dec 16, 2010
    3,298
    99
    Has INGO ever been subpoenaed for information about someone who has sold to many guns?

    It would be wholly unnecessary. All the information INGO has about each post is fully accessible to everyone. It's dramatically easier to get the IP address used to make each post if you have moderator/administrator access to a vBulletin board, but it's not needed.

    Especially the way so many of us use the same screen name across multiple websites, it's not hard at all to track a large number of sales to a single person.
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,069
    77
    Far West Suburban Lowellabama
    WOW . . . so many stupid questions in one thread.

    SERIOUSLY guys do you think that if you are posting guns for sale that there are not people watching?

    A question about being subpoenaed for information??? OMG, its all public information, WTF would they need a subpoena for? To read what you posted publicly???
     
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