Did you mean @Tamara?
Okie John
Did you mean @Tamara?
Okie John
“The reliability of the 30-06 on most of the world’s non-dangerous game is so well established as to be beyond intelligent dispute.” Finn Aagaard
"Don't fuck with it" seems to prevent the vast majority of reported issues." BehindBlueI's
Ken Ballew: https://en.wikipedia.org/wiki/Ken_Ballew_raid
Not an "engaged in the business" case, but it was one of the primary cases that created the political pressure for FOPA to become law.
DMF13
You've identified the premise of your observations as concerning
, which you reference as your I gather it is now clear that this premise is not accurate (influencing the language of the ATF's rule is not a primary objective), and your observations are inapposite (inapplicable). Although there is more I could observe, I will leave it with that.
If you're going to cite "Ballew," I think this is a better citation than "Wikipedia":
https://law.justia.com/cases/federal...89/47/1591779/
Interesting that the Court didn't find the probable cause "questionable."
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"Whom shall I send, and who will go for us?" Then I said, "Here I am. Send me." - Isaiah 6:8
Even under existing rules as currently interpreted, that hypothetical gun show table would be tap-dancing right up to the edge of "engaged in the business", although even if it did draw attention and you explained it as you have here, it would most likely amount to nothing.
Now, if two years later you turned up with another table full of AR's you had just built for giggles and then again decided to dispose of, en masse... well, that would not be interpreted nearly so charitably.*
Relevant to this discussion...
Back when I lived in Knoxville, I knew pretty much all the regulars on the gun show circuit. There were a couple guys who set up a little three-table display at every show with a big "PRIVATE COLLECTION" sign, and they seemed to privately collect a surprising number of zamak wonders, often complete with boxes.
At the Expo Center shows, they regularly set up across from an elderly gent who was a big-time Ruger collector, who was one of the last guys I know who treated gun shows as they originally started out: A way for gun buffs to display their collections for mutual admiration and maybe a little horse trading. Ruger guy had eight or so tables of glass-topped cases with alternating red and gold backing and various rare and collectible Rugers in them. While it was all technically "for sale", most of it was for sale in the way your house is technically for sale: Offer a large enough pile of cash and it's sold. But Ruger guy also had a few pieces that were definitely being sold. The dregs of the collection or extra pieces he'd acquired as part of buying someone else's collection, that sort of thing.
Neither the "PRIVATE COLLECTION" guys nor Ruger dude had an FFL.
One day a couple of Feds pull Ruger dude aside and ask him to help them with the investigation they're running on the "PRIVATE COLLECTION" guys. Can he identify this person or that person? Does he remember the dude in this photo? That sort of thing.
Well, he cooperated... nobody really much liked the "PRIVATE COLLECTION" guys anyway ...and, after their discussion, the Feds showed Ruger guy a list. A list of most of the guns Ruger guy had sold at the shows over the past year or two. "Sir, thanks for your help. Your collection is big enough and you do enough horse trading at these shows that you really should get an FFL." So he did.
This is why it is important, if one is going through the process to get an FFL at one's residence (assuming it would not be prohibited by zoning; while not strictly a federal matter, the BATFE will fink you out to your local zoning board), that one specify which part of the residence is the "premises" of the FFL. A specific room with an exterior door, perhaps a walk-in basement, would be preferred. I have walked through this much of the process with friends twice now. (One of those friends called me one night and asked "Tam, where do they keep the monsters?" I was like "Huh?", and he continued "Everybody I've dealt with at the ATF has been helpful and friendly and basically held my hand through the process.")Originally Posted by RDB
*And if they did determine that you were engaged in the business, that'd be a double whammy, because no Making Tax had been paid on those. Building complete ARs for sale from stripped receivers requires an 07 FFL, not an 01. If I'm remembering my history correctly, that's what originally drew the ATF's attention to the Branch Davidians.
Last edited by Tamara; 12-04-2023 at 07:36 AM.