Escambia Man Indicted On Federal Firearm Charge

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  • JohnAL

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    "moved" and not having "permission" mean the powers that be over there moved the thread to a section that the general membership does not have access to.
     

    Hopin4aboat

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    It was moved to a part of the forum that only a moderator can see. I wanted to read it myself but it was locked and moved before it was mentioned on here.
     

    Sailing_Faith

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    I may have made the post that got it moved... Don't know.

    It was about Muslim terrorists, and I posted a link to the thereligionofpeace.com web site for anyone wanting to learn more about Islam and its fruit.

    Great site btw, worth saving to your favorites...
     

    Ben Ghazi

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    He spent five years in federal prison and was on house arrest for another five years. His story was that the Patriot Act says you can only sell two firearms per year without using an FFL. More than two, you must let an FFL sell them for you..

    WOW - how is anyone supposed to know this? I can not find anything on it and what I have found is as confusing as trying to understand Obama Care which no one had read or understood before becoming Law. glad I sold most on GunBroker where they went to FFL's
     

    flyandscuba

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    I say his story was BS... I don't see anything in the Patriot Act related to the private sale of firearms.

    He was probably a sexual predator wearing a GPS ankle monitor -- and came up with his "story" as cover...
     

    JohnAL

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    I say his story was BS... I don't see anything in the Patriot Act related to the private sale of firearms.

    He was probably a sexual predator wearing a GPS ankle monitor -- and came up with his "story" as cover...

    Thank you. I have never heard of such.
     

    donr101395

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    I'll call bs on his story as well or at least the Patriot Act aspect of it. He very well may have been busted for dealing without a license, but it didn't have anything to do with the PA. Like Scuba said it does have a better sound to though than saying he got busted for playing pocket pool in the park bathroom.
     

    steve

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    I'm trying to find any law to suggest his story is true. While looking I am finding some interesting stuff that maybe everyone else already knew such as...
    If you sell or dispose of more than one handgun to any non-licensee during a period of 5 consecutive business days, the sale must be reported on ATF Form 3310.4
    This is for FFL selling to non-FFL
    Still looking though.
     
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    Jhunter

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    I just read "Florida Firearms-Law, Use, and Ownership" 7th edition. It is written by Jon Gutmacher. He is a lawyer here in Florida. He says there is no magical number for the amount of firearms one can sale without being an FFL, but if you are making numerous sales then you better be a FFL holder.
    Whatever that means.
    I think you can email Jon at his website: http://www.floridafirearmslaw.com/
     

    FrankT

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    I am betting more than 4 or 5 transaction a year would be a violation and subject you to needing a FFL, if they chose to pursue the thousands of little guys who do more than that all over the country.
     

    bamachem

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    There is no "magic number" where you can sell up to that many as an individual and then one more and you'd need a license.

    They look at intent and activity, among where and when you obtained the firearms you're selling as well.

    If you are continuously trading, buying, and selling, and it's clear that you're attaining overall net worth in doing so, then you can be targeted for arrest.

    I have casually traded, bought, and sold over the years, sometimes 3 or 4 a year, but never more. It's a hobby that I have interest in, and I like guns.

    Just look at what this guy in the article is facing: "If convicted of dealing in firearms without a license, Redden faces up to five years in prison and a $250,000 fine. For each count of conviction for sale of a firearm to a convicted felon, Redden faces up to 10 years in prison and a $250,000 fine."

    My FFL cost me an hour of my time to fill out the forms and get fingerprinted, $200, a stamp, and two business licenses that run about $100 each per year. I have a $20 log book that will last me a decade, and I just have to file away the completed 4473's in a box and save them in case the BATFE ever needs them. The first $200 FFL license is good for 3 years, and will renew for a whopping $90 for an additional three year term after that.

    So, "Buddy" could have submitted the paperwork, fingerprints, and $200 and not faced the rest of life in prison and the possibility of several million dollars in fines. What probably got him in trouble was the selling to a felon. That opened the door to charge him with selling without a license once they decided to "nail him to the wall".

    I have my FFL for a reason... I have a hobby that I can make a little extra money at, so I went throught the proper channels to get the license. It's simply not worth the risk to do it any other way.

    Be careful who you deal with. That's why I've said before, all private transaction sellers should ask two questions:

    1. Are you a legal resident of my state? - If yes, then ask question two. If no, end transaction.
    2. Is there any reason why you would not be allowed to buy or possess a firearm? - If no, then proceed. If yes, or "maybe" or anything other than NO, then end transaction.

    As long as you have no reason to suspect that the person is from another state, or that they may not be allowed to buy/possess a firearm, then you are within your legal rights to complete the sale. If either are questionable, you open yourself up to a potential stay in Club Fed. Asking those two questions during a private transaction covers your butt in case the buyer is a BATFE agent and the conversation is being recorded. If they lie to you, then that's their problem, not yours. It's not up to you to have proof that they are a resident or that they are legal to own a firearm. It is ONLY your obligation to follow the law, and if you may suspect that they are from out of state or you suspect that they may not be able to legally buy/possess a firearm, then you are NOT following the law and subject to the consequences.

    That's my $0.02. Don't spend it all in one place.
     
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    Zeroed in

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    I met an older guy a few months ago that had an ankle GPS tracker. I asked what that was all about and he told me an interesting story...

    He said he had a gun collection that he decided to sell so he took them to the flea market and set up. After a couple weekends of selling HIS lawfully obtained and completely legit firearms, he was arrested by the ATF. His house was searched and everything firearm related was taken (including his Guns and Ammo magazines!). He spent five years in federal prison and was on house arrest for another five years. His story was that the Patriot Act says you can only sell two firearms per year without using an FFL. More than two, you must let an FFL sell them for you.

    I don't know if any of this is true or complete BS, but that's his story. As I said, there are several FFL holders here that can answer your questions with authority but I thought the old man's story was worth repeating.


    I call BS also. Only because I personally called ATF last year when I sold Hi-cap mags out-of state, and this agent was very kind about explaining "do's and dont's".
    He said if it is your personal collection, you can sell all you want w/o being licensed. However, if you start buying and re-selling "as a business", and depending on the
    circumstances, you would need a license, as you would then be circumventing the laws that a business is required to follow.
     

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