"Tightening Up" of Firearms
Transactions Continues

By George Devinny. September 1, 2023

The administration is determined to continue with erosion of freedoms and probably top of the list is ongoing legislation towards further devaluing the Second Amendment. "Guns are bad" is the mantra as it has been for a long time but with little consideration for the gun rights of the law abiding citizen, while criminal usage seems to almost get a pass - punish the majority for the sins of the few.

More rules have appeared (a fallout from The 'Bipartisan Safer Communities Act'), which will do little to actually reduce criminal acquisitions of firearms, while further complicating an already irksome system.

From Whitehouse.gov, 8/31/23:

"Another Life-Saving Step to Keep Guns Out of Dangerous Hands"

Today, the Justice Department has announced a proposed rule to specify what exactly the new definition in the Bipartisan Safer Communities Act means on the ground. If finalized, this proposed rule would mean the following for people who are not selling guns in order to make money: If you have a gun you no longer need, and you want to sell it to your family member, you do not need a license to sell it. If you buy and sell curios or relics or "collectible" personal firearms as a hobby, again, you do not need a license. But, if you are offering a firearm for sale to make money, and telling a customer that you can purchase and sell him additional firearms, you would presumptively need a license—and need to run background checks. The same is true if you repetitively offer for resale firearms within 30 days of when you purchased them. The proposed rule includes a number of other situations where, in civil and administrative proceedings and absent reliable evidence to the contrary, it will be presumed that you need a license.

The proposed rule would make clear that there is no "gun show loophole" or "internet loophole" in federal law. Dealers who engage in the business of selling guns are required to obtain a license and run background checks no matter where they engage in the business of buying and selling firearms. That include at gun shows and over the Internet.

The proposed rule is now open for public comment. The Department of Justice will consider the comments it receives in deciding on a final rule.

Below is from the ATF's "Definition of 'Engaged in the Business' as a Dealer in Firearms". This 8/30/23 'notice of proposed rulemaking' (NPRM) 2022R-17 proposes to (further) amend ATF regulations, and will be published in the Federal Register, and open for a 90-day comment period from the time it is published.

The NPRM proposes to incorporate the BSCA's definition "predominantly earn a profit," creating a stand-alone definition of "terrorism," and amending the definitions of "principal objective of livelihood and profit" and "engaged in the business" to ensure each conforms with the BSCA's statutory changes and can be relied upon by the public.

Furthermore, the NPRM specifically proposes to clarify when a person is "engaged in the business" as a dealer in firearms at wholesale or retail by: (list follows)

Creeping incrementalism is once more on display.


Back to Top