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Posted: 8/25/2015 7:34:52 PM EDT
| The topic of gun show parking lot sales by dealers came up today. A couple of us went back and forth on the legalities of it. I was under the impression that it would be illegal for a dealer to just pull up at a gun show drop a tail gate and start selling but after reading the regs again I may be wrong. It looks so loosely written that from a federal stand point one could probably get away with it as long as one is on the property, displays their FFL, doing NICS checks, and record keeping. Now I know from a civil stand point, one will run into problems but from Federal stand point I'm not seeing anything illegal. Not that I'm going to waste my time setting up in a parking lot even if legal but can anyone find something that says it's a no no? |
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The topic of gun show parking lot sales by dealers came up today. A couple of us went back and forth on the legalities of it. I was under the impression that it would be illegal for a dealer to just pull up at a gun show drop a tail gate and start selling but after reading the regs again I may be wrong. It looks so loosely written that from a federal stand point one could probably get away with it as long as one is on the property, displays their FFL, doing NICS checks, and record keeping. Now I know from a civil stand point, one will run into problems but from Federal stand point I'm not seeing anything illegal. Not that I'm going to waste my time setting up in a parking lot even if legal but can anyone find something that says it's a no no? Definition of “Gun Show” As Per Code Of Federal Regulations § 478.100 Conduct of business away from licensed premises. (a) (1) A licensee may conduct business temporarily at a gun show or event as defined in paragraph (b) if the gun show or event is located in the same State specified on the license: Provided, that such business shall not be conducted from any motorized or towed vehicle. The premises of the gun show or event at which the licensee conducts business shall be considered part of the licensed premises. Accordingly, no separate fee or license is required for the gun show or event locations. However, licensees shall comply with the provisions of § 478.91 relating to posting of licenses (or a copy thereof) while conducting business at the gun show or event. (2) A licensed importer, manufacturer, or dealer may engage in the business of dealing in curio or relic firearms with another licensee at any location. (b) A gun show or an event is a function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community. (c) Licensees conducting business at locations other than the premises specified in their license under the provisions of paragraph (a) of this section shall maintain firearms records in the form and manner prescribed by subpart H of this part. In addition, records of firearms transactions conducted at such locations shall include the location of the sale or other disposition, be entered in the acquisition and disposition records of the licensee, and retained on the premises specified on the license. § 478.91 Posting of license. Any license issued under this part shall be kept posted and kept available for inspection on the premises covered by the license. |
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Definition of “Gun Show” As Per Code Of Federal Regulations § 478.100 Conduct of business away from licensed premises. (a) (1) A licensee may conduct business temporarily at a gun show or event as defined in paragraph (b) if the gun show or event is located in the same State specified on the license: Provided, that such business shall not be conducted from any motorized or towed vehicle. The premises of the gun show or event at which the licensee conducts business shall be considered part of the licensed premises. Accordingly, no separate fee or license is required for the gun show or event locations. However, licensees shall comply with the provisions of § 478.91 relating to posting of licenses (or a copy thereof) while conducting business at the gun show or event. (2) A licensed importer, manufacturer, or dealer may engage in the business of dealing in curio or relic firearms with another licensee at any location. (b) A gun show or an event is a function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community. (c) Licensees conducting business at locations other than the premises specified in their license under the provisions of paragraph (a) of this section shall maintain firearms records in the form and manner prescribed by subpart H of this part. In addition, records of firearms transactions conducted at such locations shall include the location of the sale or other disposition, be entered in the acquisition and disposition records of the licensee, and retained on the premises specified on the license. § 478.91 Posting of license. Any license issued under this part shall be kept posted and kept available for inspection on the premises covered by the license. Quoted:
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The topic of gun show parking lot sales by dealers came up today. A couple of us went back and forth on the legalities of it. I was under the impression that it would be illegal for a dealer to just pull up at a gun show drop a tail gate and start selling but after reading the regs again I may be wrong. It looks so loosely written that from a federal stand point one could probably get away with it as long as one is on the property, displays their FFL, doing NICS checks, and record keeping. Now I know from a civil stand point, one will run into problems but from Federal stand point I'm not seeing anything illegal. Not that I'm going to waste my time setting up in a parking lot even if legal but can anyone find something that says it's a no no? Definition of “Gun Show” As Per Code Of Federal Regulations § 478.100 Conduct of business away from licensed premises. (a) (1) A licensee may conduct business temporarily at a gun show or event as defined in paragraph (b) if the gun show or event is located in the same State specified on the license: Provided, that such business shall not be conducted from any motorized or towed vehicle. The premises of the gun show or event at which the licensee conducts business shall be considered part of the licensed premises. Accordingly, no separate fee or license is required for the gun show or event locations. However, licensees shall comply with the provisions of § 478.91 relating to posting of licenses (or a copy thereof) while conducting business at the gun show or event. (2) A licensed importer, manufacturer, or dealer may engage in the business of dealing in curio or relic firearms with another licensee at any location. (b) A gun show or an event is a function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community. (c) Licensees conducting business at locations other than the premises specified in their license under the provisions of paragraph (a) of this section shall maintain firearms records in the form and manner prescribed by subpart H of this part. In addition, records of firearms transactions conducted at such locations shall include the location of the sale or other disposition, be entered in the acquisition and disposition records of the licensee, and retained on the premises specified on the license. § 478.91 Posting of license. Any license issued under this part shall be kept posted and kept available for inspection on the premises covered by the license. Ahhhh, missed that. So one could theoretically set a table up in the parking lot. |
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Until the show promoter had you kicked off the property. Quoted:
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Ahhhh, missed that. So one could theoretically set a table up in the parking lot. Until the show promoter had you kicked off the property. That's a given. Last weekend I jokingly asked my promoter who I've known for years if next time if the weather was nice if I could just set up out side. His answer was what I expected, didn't care as long as I paid for the table space. |
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