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We are often asked at what point the distinction is made between needing to be a Benefactor or becoming a Vendor in order to sell things on TGO. Hopefully, this post clears it up a bit. Benefactor accounts are meant for private individuals who wish to support TGO and in exchange for their support are granted the ability to list items for sale in our Classifieds section. Benefactors can use the Classifieds to list things that they personally own but no longer want, or things that they personally produced as a hobbyist so long as the annual sales volume of the latter doesn't surpass $3,000 within a year either on TGO or elsewhere. More on that in a moment. Sales of personally owned items that you no longer want exceeding $3,000 do not fall under this category. Obviously, a person could pretty easily sell more than $3,000 in personally-owned firearms or other items and we completely understand that. There is a common-sense difference between things that you personally own and things that you possess simply for resale. Without Benefactors, TGO would probably cease to exist. We do not generate near enough revenue from our Vendor advertising to pay all of TGO's operating expenses. Our Benefactors are our lifeblood! Vendor accounts for meant for those who are engaged in the business of providing a service or product(s). Obviously, it includes a business with an Internet sales presence or a brick and mortar office or retail storefront, but it also includes anyone who the State of Tennessee would refer to as a "Minimal Activity Business". Essentially a Minimal Activity Business is anyone who's sales are greater than $3,000 within the calendar year. For our purposes, we clarify the language a bit and state that those sales can occur either on TGO or elsewhere, in-state or out of state. If you produce to sell, sell, or provide goods or services annually to other people and those sales are greater than $3,000 you are a Business and need to be a Vendor on TGO in order to market to our members. As always, if you have questions about your specific use-case and aren't sure which is right, please contact me directly and I will be glad to chat with you. The approach that I outlined above may not be perfect and is not chiseled in stone, so a conversation between you and me can be helpful.
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We are often asked at what point the distinction is made between needing to be a Benefactor or becoming a Vendor in order to sell things on TGO. Hopefully, this post clears it up a bit. Benefactor accounts are meant for private individuals who wish to support TGO. Individuals may list things that they personally own but no longer want, or things that they personally produced as a hobbyist so long as the annual sales volume of the latter doesn't surpass $3,000 within a year either on TGO or elsewhere. More on that in a moment. Sales of personally owned items that you no longer want exceeding $3,000 do not fall under this category. Obviously, a person could pretty easily sell more than $3,000 in personally-owned firearms or other items and we completely understand that. There is a common-sense difference between things that you personally own and things that you possess simply for resale. Vendor accounts for meant for those who are engaged in the business of providing a service or product(s). Obviously, it includes a business with an Internet sales presence or a brick and mortar office or retail storefront, but it also includes anyone who the State of Tennessee would refer to as a "Minimal Activity Business". Essentially a Minimal Activity Business is anyone who's sales are greater than $3,000 within the calendar year. For our purposes, we clarify the language a bit and state that those sales can occur either on TGO or elsewhere, in-state or out of state. If you produce to sell, sell, or provide goods or services annually to other people and those sales are greater than $3,000 you are a Business and need to be a Vendor on TGO in order to market to our members. As always, if you have questions about your specific use-case and aren't sure which is right, please contact me directly and I will be glad to chat with you. The approach that I outlined above may not be perfect and is not chiseled in stone, so a conversation between you and me can be helpful.
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Be Aware: A person not licensed under the Gun Control Act (GCA) and not prohibited from acquiring firearms may order a firearm from an out-of-state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's state of residence for the purchaser to obtain the firearm from the dealer. [18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29] The ATF's Code of Federal Regulations, Part 178 - Commerce in Firearms and Ammunition is available at the following link: http://www.gpo.gov/fdsys/pkg/CFR-2000-title27-vol1/pdf/CFR-2000-title27-vol1-part178.pdf What This Means: Essentially this means that it is legal for private parties residing in different US States to engage in the private transaction of a firearm, but only if the transfer is done through a licensed dealer (FFL) in the purchaser's state of residence. The FFL in the purchaser's state will be responsible for receiving shipment of the firearm and facilitating the background check and fulfilling all other legal requirements applicable in the purchaser's state before allowing the firearm to transfer to the purchaser. It also means that a seller in one state cannot legally ship or otherwise convey or transfer ownership of a firearm to a recipient in another state without going through a licensed dealer (FFL). Bypassing this process would be in violation the Federal Gun Control Act. There are many ways available on the Internet to locate a licensed dealer (FFL) in the United States, easily obtained by using an Internet search engine, such as Google. One such source might be https://fflgundealers.net/. Our Opinion: Our opinion is that a person selling on TGO to an out-of-state individual should enter into that transaction with extreme caution and ensure that Federal and State laws are being followed to the letter. While interstate Private Party sales are possible and in some instances make sense, we would recommend trying to limit your sales to in-state buyers for the sake of simplicity. Consider that there are various ways that an interstate transfer could potentially "go wrong" and weigh your risks against the potential gains. The Disclaimer: The content on this site is offered only as a public service to the web community and does not constitute solicitation or provision of legal advice. This site should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter. Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing on this site should be used as a substitute for the advice of competent legal counsel. The author of this post and Tennessee Gun Owners assume no responsibility to any person who relies on information contained on this site and disclaim all liability in respect to such information. You should not act upon information in this website without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction.