For reference I wasn't referring to straw purchasing. I was referencing intent. I would like to point out it is very much illegal to purchase a gun with the intent to flip it for a profit. Again, not saying you are doing this per your clarification, but this is what I was talking about.
"I bought it, didn't like it, never shot it, sold it." Legal.
"I bought it to flip it and make a profit" Illegal.
Why "Intent" Matters Legally
Federal law focuses heavily on the mental state and reasoning behind a firearms purchase. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and federal courts determine legality based on the following distinctions: [
1,
2,
3]
- The Intent to Profit: If your principal motive at the moment of purchase is to make money by reselling the gun, you are legally considered to be "engaged in the business" of selling firearms. Doing this without a license violates federal law.
- The Defense Fallacy: Legally, it does not matter if you only flip one gun, if you make a tiny profit, or if you actually lose money on the sale. The government only needs to prove your primary intent was to profit.
- Enhancing a Personal Collection: It remains perfectly legal to buy a firearm for your personal collection, use it, and eventually sell it down the line if you change your mind or want to upgrade your collection.
I would like to point out intent is impossible to prove, unless you come out and say it. An admission of guilt is the only way I can think of personally. Secure the bag, just don't talk about it. That's all I was saying.