When the details come out he might be guilty of something more than living in California but on the surface I don't see an obvious federal crime. I doubt he would have been arrested in Texas.
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He was buying and selling without a license.
I think to the bad guys?? -
Is it illegal to buy and sell without a license anywhere or is that just in California?Comment
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That's a good question.Originally posted by be12hunt View Post
It was explained to me is that we can buy, sell, and trade, all the legal to own guns we want to better our gun collections, no limit on the number of guns. But if we buy even one gun, with just the intent to make money, we have to have an ffl.Comment
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This was back in May, wasn't it. I don't believe they listed the charges then, does anybody know? If it was the feds, most likely he was dealing. I think the article said 40 some odd charges.
If it was California cops, it was just because he had so many.Comment
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from an atf page....Originally posted by be12hunt View Post
Federal law requires that persons who are engaged in the business
of dealing in firearms be licensed by ATF.
As a general rule, you will need a license if you repetitively buy and
sell firearms with the principal motive of making a profit. In contrast,
if you only make occasional sales of firearms from your personal
collection, you do not need to be licensed.
Courts have identified several factors relevant to determining on
which side of that line your activities may fall, including: whether
you represent yourself as a dealer in firearms; whether you are
repetitively buying and selling firearms; the circumstances under
which you are selling firearms; and whether you are looking to make
a profit. Note that while quantity and frequency of sales are relevant
indicators, courts have upheld convictions for dealing without a
license when as few as two firearms were sold, or when only one or
two transactions took place, when other factors were also present.Comment
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The news article made a big deal out of the number of guns he had and that some were "assault weapons." A large gun collection including AR's is not illegal although California law limits magazine size to 10 rounds. I'm sure he will claim he was not in the business of selling firearms and that may be true but the California media has already found him guilty. I'm just glad I live in Texas and I remind everyone to be on guard against Californication of our great state.Comment
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He is obviously a dealer. There are guys that are hobby gun guys at gun shows. They may buy and sell a gun or three here and there but many are there looking for people to come in with certain firearms. For instance if a guy is a single action colt collector. He is at the gun show looking for single action Colts but may buy a Glock off someone or other firearm at a good price looking to trade it later for a single action colt. I have a friend that said he has traded more modern tactical firearms for collectors and said it is the best way for him to be able to afford collectible firearms. I don't think the guys like above need a license unless they start buying and selling to make moneyComment
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if he were buying and selling drugs he would have been o.k.Comment
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California sucks. That is all.Comment
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When in California, obey their rulesSaenz was charged with 23 counts of possession of an assault weapon, 17 counts of transfer of handgun with no licensed firearms dealer, 15 counts of unlawful assault weapon/.50 BMG rifle activity, seven counts of possession of a short-barreled rifle or shotgun, and two counts of possession of a destructive device, the Los Angeles County District Attorney's Office said in Monday's statement.
Pretty sure that even in Texas if you don't have the paperwork you will be charged for some of the same stuffComment
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I read a news report when this happened that said he sold to folks that should not buy guns and that is how he got on the ATF's radar.........Comment
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I have a feeling whatever few collectables were there just got boogered up a little during inventory.Comment
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A little or a lot. Probably have the case number scratched into everyone of them.Comment
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