There are a LOT of "New In Box" guns out there for sale with the current market conditions. Although turning a quick profit here and there by picking up a firearm at a Retail Store and selling it online for a profit may be tempting, you might want to reconsider.

If you buy a gun and shortly thereafter sell it for a profit, then the ATF can consider that as a business transaction (intent to profit), and therefore you must be a licensed dealer. That can happen with either buying from a dealer or an individual.

As long as you have a good reason for buying and then later selling a "New In Box" gun, then there's not a whole lot they can do unless they can prove a pattern. If you buy a gun and three days later have buyer's remorse, there's nothing wrong with listing it for a fair market value. However, when you sell a "New In Box" gun as an individual, there's a decent chance that your buyer might be an ATF agent. If you say "I found it at Walmart the other day so I thought I'd make a quick buck on it", then you can expect a stay in Club Fed.

Also, if you buy a few in a short period of time, you can be flagged for a follow up meeting with an ATF agent. They will simply come to your house, knock on your door, and ask if they can see the guns you bought. You don't have to comply, but if you don't produce them, then you can bet that you will be investigated further.

Here's the US Code:

Quote:
The US Code says:
(11) The term “dealer” means

(A) any person engaged in the business of selling firearms at wholesale or retail,
(B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or
(C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter.

Some further definitions:
(21) The term “engaged in the business” means—

(A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured;
(B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in section 921 (a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes 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;
(D) as applied to a dealer in firearms, as defined in section 921 (a)(11)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported; and
(F) as applied to an importer of ammunition, a person who devotes time, attention, and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported.

(22) The term “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: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph, the term “terrorism” means activity, directed against United States persons, which—
(A) is committed by an individual who is not a national or permanent resident alien of the United States;
(B) involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the United States; and
(C) is intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by assassination or kidnapping.

MOLON LABE