I see what your saying and I like a good conversation as well. It sheds some light. It’s, to me a grey/gray area. If we had a trader section on here and I sold a gun every 2-3 weeks and each one was over MAP/MSRP price, we all know I’d be making a profit and if the ATF was watching the thread, I’m sure I’d peak his interest. Not even if I’m doing it to make a living or not. Yes there are 15 pages plus examples to this but here is one page of “guidance”
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I think this is getting more into the “intent” part.
If you’re buying guns simply to resell them...yeah, ok, the ATF may get interested if you are doing it a lot...most likely, they’re gonna find out when your name comes up on more than one gun used in crimes (happened here in MN a few years ago, some guy was buying HiPoints by the dozen and turning them over on the street...and got nailed when they ran the S/N's).
But, if you have someone who buys a gun to try it out, decides they do t like it, and sells/trades it and makes $20-50 on it, and does this multiple times...there’s no intent.
Which this might very well be the case.
Or not, who knows what's in the heart of the seller.
Fact is, at the end of the day...you can go on Gunbroker and buy one for MSRP, or slightly less. I can give you the name of a local dealer who had both a victor and edge pistol in the case, right around $16-1700, iirc—at least, they did last Saturday.
I'm willing to bet the seller mentioned in the OP won’t move it at that price...which means capitalism works.