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Unread 05-11-2019, 09:55 PM   #1
Ray
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Default C & R collection disposal

I am about to renew my C & R license. I would like to sell part
of my collection of lugers, but I am confused by the wording of
the renewal application. If I sell some lugers, am I in the
"business of ... selling curios and relics"? The application states
that I may NOT do this. In short, can I use my C & R license to
dispose of my collection?

Ray
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Unread 05-11-2019, 10:20 PM   #2
DavidJayUden
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That's a good question which has probably never been adequately answered. My spin is that the C&R license allows you to buy and sell for your own collection, but not to allow for the business of selling C&R guns. I think that you can safely sell off your own guns, but if you start "flipping" guns for profit, you would be in violation. Seems like having held them for a while plays into it.
Just my $.02, but it would be interesting to hear the BATF's take on it.
dju
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Unread 05-12-2019, 12:47 AM   #3
Edward Tinker
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In the FAQ of BATF, it specifically talks about selling parts of your collection or all of it.
You are always allowed to upgrade your collection.

here is an easy guide, put out by the ATF
https://www.atf.gov/file/100871/download

Quote:
Under federal law, conducting business “with the principal objective of livelihood
and profit” means that “the intent underlying the sale or disposition of firearms is
predominantly one of obtaining livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal firearms collection.”
---------
Consistent with this approach, federal law explicitly exempts persons “who make
occasional sales, exchanges, or purchases of firearms for the enhancement of a
personal collection or for a hobby, or who sells all or part of his personal collection
of firearms.”
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Unread 05-12-2019, 06:54 AM   #4
Bill_in_VA
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You’re safe, Ray. There’s no magic number of sales that makes someone a dealer; it’s “intent.” Ed quoted the relevant FAQ response from the ATF website. If it helps, the renewal application is a boilerplate form for all FFL types - collectors, dealers, manufacturers, importers, etc. all use the same renewal form.
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