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Old 09-14-2018, 09:28 AM
Rick the Librarian Rick the Librarian is online now
 
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Location: NW Washington State
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Default "Disposing" of collection and C&R

Like a lot of us, I'm getting to the age where I'm thinking of gradually starting to thin out and eventually dispose of my collection. I just got the notice that my Curio & Relic FFL is up for renewal. Of course, on the form, you have to state how many firearms you disposed of during the last three years and with me it has been 10 (four were "legal" gifts to family and friends) and I've only bought one, using my license.

I just wonder if any of you had information on how the BATF views one gradually disposing of a collection and whether it is worth renewing when you will be gradually reducing what you own and not adding to a great degree?
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Old 09-14-2018, 09:36 AM
SEANinMICH SEANinMICH is offline
 
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Location: Howell Michigan
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Quote:
Originally Posted by Rick the Librarian View Post
Like a lot of us, I'm getting to the age where I'm thinking of gradually starting to thin out and eventually dispose of my collection. I just got the notice that my Curio & Relic FFL is up for renewal. Of course, on the form, you have to state how many firearms you disposed of during the last three years and with me it has been 10 (four were "legal" gifts to family and friends) and I've only bought one, using my license.

I just wonder if any of you had information on how the BATF views one gradually disposing of a collection and whether it is worth renewing when you will be gradually reducing what you own and not adding to a great degree?
1) you don't "use" your license. If you purchase or sell a C&R while you have a license, it must go in the book.

2) if you don't plan to increase your collection, skip the FFL03 renewal, toss your bound book, and get on with life
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Old 09-14-2018, 09:48 AM
Rick the Librarian Rick the Librarian is online now
 
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I think the BATF used "use" in their question, but thanks.
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Old 09-14-2018, 11:23 AM
i1afli i1afli is offline
 
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Location: E. Tenn.
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The C&R only makes it easier to buy guns...makes it more difficult to sell them, especially if you plan to sell them through local FTF transactions. I wouldn't renew it at your stage of the game.
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Old 09-14-2018, 12:25 PM
PaulV PaulV is offline
 
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Quote:
Originally Posted by Rick the Librarian View Post
I just wonder if any of you had information on how the BATF views one gradually disposing of a collection and whether it is worth renewing when you will be gradually reducing what you own and not adding to a great degree?
I have no idea how BATFE views acquisitions and dispositions in terms of audit triggers, but in Washington State we now have the ridiculous “universal background check” law requiring NICS checks for every private firearms transaction. Transfers FFL to FFL, including C&R, are exempted so it may be helpful to retain for quicker/cheaper sales process.
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Old 09-14-2018, 01:58 PM
Rick the Librarian Rick the Librarian is online now
 
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Admittedly, being a resident of Washington State and with I-1639 on the ballot, that might be a factor.
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  #7  
Old 09-14-2018, 03:19 PM
lapriester lapriester is offline
 
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Location: Cobb, N California
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Disposing of your collection is perfectly legal. Sell as you see fit. It's when you buy and sell over and over again for profit that you meet the definition of dealing in firearms. Example would using your C&R to buy several Mosins then turning around and selling them for profit over a short period of time. Selling off a collection gathered over time would not be considered the same. Your overthinking it. Intent is the key factor and burden of proof of intent is on them. If you don't intend to continue increasing your collection, the easiest plan is to let your license expire, throw away or put away your Bound Book and sell at will as a private person. One thing to consider, in all cases, is that any profit you make on your sales is technically taxable as income though I doubt many ever declare it.

I plan on doing the same as you in the next few months and my license expired years ago. Selling firearms is pretty simple. Requirements must be met and they are the responsibility of the buyer on his end. I've never once used an FFL on my end and shipped several to both C&R's and FFL01's on their end directly even after my license expired. People here tend to complicate and overthink the process. There are dozens of threads concerning it. Keep it as simple as it really is and you will be way ahead.

Quote:
Originally Posted by i1afli View Post
The C&R only makes it easier to buy guns...makes it more difficult to sell them, especially if you plan to sell them through local FTF transactions. I wouldn't renew it at your stage of the game.
Smart money says avoid FTF transactions period. Make a buyer secure an FFL when you sell. And, no, having a C&R does not make selling more difficult. There's no issue whatsoever unless you are buying and selling in volume....dealing in firearms.

Last edited by Big_Red; 09-16-2018 at 02:01 AM. Reason: Merge consecutive posts
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Old 09-14-2018, 09:02 PM
pickax pickax is offline
 
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Location: Daytona Beach Fla.
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Quote:
Originally Posted by lapriester View Post
Smart money says avoid FTF transactions period. Make a buyer secure an FFL when you sell. And, no, having a C&R does not make selling more difficult. There's no issue whatsoever unless you are buying and selling in volume....dealing in firearms.
Larry
Why preclude a FTF sale? Perfectly legal in my state, and many others. Bill of sale, and done.
Like you said earlier, don't make it more difficult than it is.
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  #9  
Old 09-14-2018, 09:18 PM
cbs1473 cbs1473 is offline
 
Join Date: Apr 2011
Location: Central Virginia
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Can anyone cite a single case brought against an FFL03 for acting as a business? This discussion is brought up frequently regarding the disposition of firearms and running afoul of regulations but I have never heard of an actual case.
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  #10  
Old 09-15-2018, 06:43 AM
schutzen-jager schutzen-jager is offline
 
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Quote:
Originally Posted by cbs1473 View Post
Can anyone cite a single case brought against an FFL03 for acting as a business? This discussion is brought up frequently regarding the disposition of firearms and running afoul of regulations but I have never heard of an actual case.


not by the feds but by the state of New Jersey for dealing in firearms without a state license - just having a C+R here sends a red flag to local + state police -
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