Selling for a friend

[M1NM]

is it illegal for someone to advertise as selling for a friend and also doing the transfer as if he were the owner. Wouldn't he be classified as a dealer?

[kemasa]

You would need to ask a lawyer regarding whether it is illegal or not.

I don't think that advertising it would be an issue, but doing the transfer as if he were the owner could be and I personally would not suggest it for many reasons. First, in order to transfer the firearm as if he was the owner means that the firearm was transferred to him. If it was not done through a FFL, then it would be in illegal transfer. Also, there is wording on the DROS form that is signed under penalty of perjury, all of which could create a bad situation.

You could ask the BATF whether it would be considered to be a dealer. Is the person getting money from it? Is it a one time thing?

[Librarian]

Probably friend and owner should talk to a lawyer.

It's permissible for one to sell on behalf of another, if all the right hoops are jumped through.

See, for example, this form on the DOJ web site:
Power of Attorney for Firearms Relinquishment, Sale or Disposal - Declaration (BOF 110)

That one is intended to help out someone who has just become an ineligible person and can't legally possess or handle firearms. A lawyer could help you with the right bits of paperwork to handle your situation.

[M1NM]

Think I'll pass on it just to be safe. The seller says he's selling it for his friend whose out of town.

[2nab]

As long as owner is there to sign the sale transfer paperwork, you should be fine. No owner, no deal. Lots of people are not internet inclined, or do not know a lot about guns so they have someone else help take photos, create a listing, answer questions. If the registered owner still owns the gun, and they are the ones actually selling it, what's the violation? This happens all the time and is very common.