Selling Firearms at Auction

As President of the Minnesota State Auctioneers Association, I receive a myriad of questions on an assortment of topics. Some of the questions are fairly generic, and would apply to most auctioneers. For example, this week I received the following email:

I have always heard that we were legal to sell firearms if they are part of an estate or if the auction that we are working is a 1 party auction.

Our local sheriff called me and said that this is incorrect…any firearm that are sold at auction need to be sold under a FFL.

I called the St.Paul office of Tobacco, Firearms, etc. and visited with a gal named Mary. She again, told me that I was legal to sell as I mentioned above.

I also received a call from another auctioneer in our area – he had heard that the sheriff had visited with me…this auctioneer said that in Minnesota – you are legal to sell any firearm without running them thru an FFL. This auctioneer sells a lot of firearms..

When I answer a question for a member, I like to provide the sources I used for my research. I believe this empowers the member to learn. It also encourages them to share the information with others, as it’s just not well I talked to this person and they said it was okay. Much of this style comes from working at the law office where I cite every thing I write.

My answer to the question: Selling Firearms at Auction: Before I answer your questions, I’ll point you to the sources I used for to obtain the answers.

The ATF provides the Federal Firearms Regulations Reference Guide online. A copy can be found here: http://www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm

Within the guide, there is a section entitled “Rulings, Procedures, and Industry Circulars” within that section is ruling 96-2 Activities of auctioneers requiring a dealer’s license. This ruling discusses at length what an auctioneer can and can’t do without a license. I’ve attached a pdf of the rulings. Ruling 96-2 is found on page 15 and 16 of the pdf, and page 133 and 134 of the document. The text of the document is informative, and somewhat lengthy. However, it finds the following:

Held: Persons who conduct estate-type auctions at which the auctioneer assists the estate in selling the estate’s firearms, and the firearms are possessed and transferred by the estate, do not require a Federal firearms license.

Held further: Persons who regularly conduct consignment-type auctions, for example, held every 1-2 months, where the auctioneer takes possession of the firearms pursuant to a consignment contract giving the auctioneer the exclusive right and authority to sell the firearms at a location, time and date to be selected by the auctioneer and providing for a commission to be paid upon sale are required to obtain a license as a dealer in firearms pursuant to 18 U.S.C. § 923(a).

Hopefully this information helps. Your local sheriff appears to have provided you with incorrect information. There are instances when an auctioneer can sell firearms without a license or involving a licensee. I trust you’ll find this information helpful.

If you have any questions for me that you’d like me to answer, feel free to contact me in any of the ways on my connect page. I’m glad to offer my assistance.

Avoiding anchors in a changing market

An article on the latimes.com entitled “The Pain of Selling Your House: Why owners often remove their homes from the market even if they’d make a windfall” caught my attention. The article is an excellent analysis of why sellers and buyers act the way they do. Consider the following scenario from the article:

You bought your house 10 years ago for $250,000. Now you’re thinking of downsizing, so you put your house on the market — for $600,000. No takers. After a few weeks, you reduce the price to $575,000. Then $550,000. An offer comes in for $520,000. You reject it and pull your house off the market, waiting for better times.

There are two ways to look at a selling price of $520,000 for a house you bought for $250,000. One way is to start with what you paid for the house. With that as your benchmark, or anchor, $520,000 is a windfall. You’ve doubled your money in a decade.

The other way is to use your original asking price as your anchor. If you do that, selling at $520,000 will feel like a sizable loss.

Take for instance the example of Williams-Sonoma and the automatic bread maker.

Is $279 a lot of money to spend on an automatic bread maker? When Williams-Sonoma first marketed these then-novel gadgets more than 20 years ago, no shopper knew what a bread maker ought to cost, and Williams-Sonoma didn’t sell a lot of them. Then it introduced a deluxe, $450 model. The company didn’t sell many of these either, but sales of the $279 model went through the roof. The deluxe bread maker made the regular one seem like a bargain. Conclusion: We are affected by anchors whether it’s rational or not, whether we want to be or not.

This concept of price anchors plays heavily into auctions. Generally, when property is sold at auction, the seller establishes in a price they would be willing to take for the property. Sometimes this price is in the form of a reserve, and sometimes it’s merely an amount they’d like to receive. At the same time, a buyer establishes a price they are willing to pay for an item based on their own anchors.

According to the article, in every purchase or sale, we have set anchors. Whether you are selling or buying, it’s important to realize what your anchor is, and more importantly how you determined the anchor. If as a seller, you set your anchor based on emotion, or speculation, you’ll often come away dissatisfied with the results. The same holds true as a buyer, if you set your anchor price of an item based on speculation and without research, you’ll either not succeed in purchasing the item because your anchor was too low, or you’ll grossly overpay for an item because your anchor was too high.

As a buyer or seller, avoid anchoring yourself to values of an item by relying on professionals to assist in the valuation of an item. As a seller, talk with the auctioneer about what they feel the value of your item may be; conduct research on recent sales of your item. As a buyer, the same holds true, what are other similar items selling for in the current market? What is the approximate value the auctioneer feels the item will bring at auction? By doing so, you’ll be setting yourself up for success when buying and selling.

In our current economic times, it is especially important to conduct research on the true market value of an item. The market is changing quickly, both up and down, and without the correct anchors, you may be left with an asset that you’ve overvalued for no other reason than an improperly set anchor. In parting, always remember every person has an anchor set based on certain factors. By taking into account potential anchors and considering the ultimate objective of an individual, you’ll be better prepared to evaluate the true market value of an item.

John D Schultz is the Vice President of Operations and an Auctioneer for Schultz Auctioneers Landmark Realty, Inc. based out of Upsala, MN. He is also the current President of the Minnesota State Auctioneers Association. John can be reached by email at John@SchultzAuctioneers.com.

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