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Texas Man Nailed by ATF for selling without license

Discussion in 'Law & Order' started by harley128, Mar 1, 2021.

  1. Oklahomabassin

    Oklahomabassin Sharpshooter

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    I read a story about a DEA Agent (now former) who was also caught buying guns and selling for profit without a license.

    We have a few "hobby" gun dealers here who operate without an FFL.
     
    coolhandluke and HiredHand like this.
  2. Rez Exelon

    Rez Exelon Sharpshooter

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    I am not a lawyer and cannot present firm legal advice, but one key thing in the ATF guidelines is that selling in order to upgrade a collection is generally accepted as legit. For example, if I had a Glock I could sell for 80,000 on Armlist right now (market conditions, eh?) then could I do that to afford the 45/70 gatling gun I've always dreamed of? I think so.

    On the other hand, could I go to Academy and buy that same exact Glock just so I could put it on Armlist to collect 80 grand? That'd be a no no. More examples are in their published guide:

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

    davek Sharpshooter

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    I wouldn't be a bit surprised if some of the users of the classifieds on this site get attention from the ATF. I don't know what the criteria is for being classified as an unlicensed firearms dealer, probably something members of this site should know.
     
  4. HiredHand

    HiredHand Sharpshooter

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    Worth the read. https://www.cnn.com/2019/03/25/us/unlicensed-gun-dealers-law-invs/index.html

    “He said the vague wording in the statute and the requirement that defendants be shown to have willfully violated the law make such cases difficult enough. On top of that, he said, many unlicensed dealing suspects have no previous criminal record, making them sympathetic to juries and unappealing to prosecutors.

    "In my view, they're the most challenging prosecution that ATF has," he said.

    Because unlicensed dealers typically do not document their sales, Chittum said, it is impossible to quantify how many guns pass through their hands each year. Whatever the number is, he said, "it's not small."

    The ATF routinely warns suspected unlicensed dealers that they may be breaking the law. They do so by sending out so-called "cease and desist" letters instructing recipients to stop selling guns until they've obtained a federal firearms license.”
     
  5. mr ed

    mr ed Sharpshooter

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    So if he was using milling equipment to turn them into full fledged guns he was building with 80% lowers?
     
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  6. Cowbaby

    Cowbaby Sharpshooter

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    And. therein lies the problem. That is what is going to hang him. mass producing and milling those to sell. Big no-no
     
  7. Aries

    Aries Sharpshooter

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    That was my question, too... which also makes you wonder how they knew the end buyer got it from him, assuming it wasn't serial numbered. And for that matter, how did they trace the 80% lower to him? It's a little confusing...
     
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  8. HiredHand

    HiredHand Sharpshooter

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    The gun or receiver used was produced by Anderson Manufacturing.

    https://statesman-tx.newsmemory.com/?publink=36609cbd8_13437a3

    “The lawsuit, which claims the AR-15 rifle used by the mass shooter was illegally obtained through Marcus Anthony Braziel of Lubbock and made by Anderson Manufacturing of Kentucky, seeks “to hold accountable the actors that manufactured, profited from, and supplied the firearm that was used in the shooting.”
     
  9. Aries

    Aries Sharpshooter

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    Oh, yeah I forgot that part. Wonder what he was milling then?
     
  10. Rez Exelon

    Rez Exelon Sharpshooter

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    I mean, it could be that he was doing some 80% stuff and the regular lowers. It could also be that the ATF is putting out crap data, that they'll revise, then revise again, and revise again and then finally say that all braces are illegal! Oh, right, I digressed there a bit.
     
    Aries likes this.

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