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Federal- Dealing in Firearms

Statute
18 USC 922(a)(1)(A). Dealing in Firearms without License.

  1. It shall be unlawful -
    1. for any person -
      1. except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant engaging in the business of dealing firearms;
  2. That the Defendant engaged in such business without a license issued under federal law; and
  3. That Defendant did so knowingly and willfully.

The term “firearm” means any weapon which is designed to, or may readily be converted to, expel a projectile by the action of an explosive; and the term includes the frame or receiver or any such weapon or any firearm muffler or firearm silencer.

A person is “engaged in the business of selling firearms at wholesale or retail,” if that person 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 repetitive purchase and resale of firearms. Such term does 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 that person’s personal collection of firearms.

The term “dealer” means any person engaged in the business of selling firearms are wholesale or retail regardless of whether the selling of firearms is the Defendant’s principal business or job.

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 (whether one actually earns a profit or not) as opposed to other intents, such as improving or liquidating a personal firearms collection. However, proof of profit motive is not required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.