Quote:
Originally Posted by retiredguy123
If they are selling guns at a flea market, they are violating the law that requires firearm dealers to be licensed. I don't think it would be considered a private sale between two people.
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Anyone can rent a table at a flea market, there is no requirement for it to be a licensed business. If an individual wants to sell some of their PRIVATE firearm collection, they can legally do so at the flea market and it is still considered a private sale between two people. No background check is required by federal law. Now, if the seller is constantly selling guns at a flea market, the ATF might classify that action as for profit commercial sales and the seller would be required by federal law to have an FFL.
A friend of mine had an extensive firearm collection that he accumulated over years. As he got older, he decided to divest himself of the guns so his widow wouldn't have to contend with it. He would rent a table at gun shows and sell his guns at the show. Perfectly legal as he wasn't selling them as a profit making business and they were from his private collection.
It is also ILLEGAL under federal law and many state laws that prohibited individuals, convicted felons, spouse beaters, drug addicts and a few other categories, are not allowed to purchase or possess a firearm or ammunition for a firearm.