I heard that some people have been arrested and charged with "transmitting money without a license" for selling Bitcoins.
Does this mean it is illegal for me to sell my Bitcoins?
It all depends on the country those people are, and the laws operating there.
I think they have a bitcoin-ban there, because ordinarily bitcoin is a commodity and you shouldn't need a license to sell goods unless you are dealing with illegal goods. E.g do I need a license to sell books? It depend on the laws of the land.
As far as the US goes you do not know what you are talking about.
Bitcoins are not banned in the US. They are considered a commodity
for tax purposes.
However:I was arrested for selling my Bitcoins using localbitcoins.com
I paid all of my capital gains taxes on all of my trading - that was not the issue. The legal issue boiled down to one question: was I operating a business or not. They claimed it was a business, I claimed it was not. After being forced to "donate" about $40,000 in cash and $40,000 in Bitcoin to their Federal Asset Forfeiture slush fund we agreed to disagree and they dropped the charges. Defending me against the federal felony charge [Operating a business without a license, up to five years in prison and a $250,000 fine] did end up costing us almost $300,000 of our retirement funds, our daughter's college fund, our savings, and the equity in our house.
You can read all about it here:
http://www.jmwagner.com/http://www.burtw.com/However, if you sell your Bitcoins though an exchange you will not run into this specific issue since there is really no way they can call it a business, go after you, and then grab all the assets they can get their money grubbing hands on.
If you use localbitcoins to buy and sell a small amount of bitcoin, that is not a business.
Since my case was dismissed before it went to trial this was not decided. Whether this it is a business or not currently can only be decided by a jury.
It is not a money transmitter.
Also not true. You would have to argue this point with motions before a judge and then possibly a jury. This would have been an argument in my case but again the motions were never filed and the case did not go to a jury.
But you have declare that you do not deal with drug dealers.
And this would help you how? Sure, if someone says "I am a drug dealer" or "I am an undercover cop pretending to be a drug dealer" or "I am an undercover Homeland Security agent" then you should not trade with them. But all of these guys will lie to your face. Then what?
The bitcoin you sell should not be used illegally.
In my case the only legal issue was whether it was a business or not. If you use your Bitcoins to do something illegal, for example to buy a controlled substance with them, that would be a whole different case. Anyway, how would you go about enforcing how the Bitcoins bought from you on localbitcoins eventually get used?