Armed Scholar

ATF Proposes New Rule Targeting Private Party Firearms Sales

Video Highlights

  • The ATF has released a proposed rule targeting the sale of private party firearms
  • The rule expands upon the language in the bipartisan safer communities act, stating that if a person earns any profit from selling firearms, they must have an FFL license
  • The rule includes clarifications on when a person is engaged in the business of dealing firearms, such as defining terms like purchase and sale, and exemptions for auctioneers and personal collections
  • The rule establishes a subjective standard to determine if a person needs an FFL license, rather than setting a specific number of transactions
  • The rule also considers factors like intent to buy or sell more firearms, spending more money on firearm purchases than reported income, and even bartering or trading firearms for any benefit as indicators of needing an FFL license.

Video Summary

The ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) has recently released a new proposed rule that aims to target the sale of private party firearms. This rule, if implemented, could have significant implications for gun owners and enthusiasts across the country.

The ATF's press release states that the proposed rule, titled "Definition of Engaged in the Business as a Dealer in Firearms," seeks to amend the ATF regulations to implement the provisions of the bipartisan Safer Communities Act that was enacted on June 25th, 2022. The goal of the proposed rule is to expand upon the language of the Safer Communities Act and further regulate private party firearms sales.

One key aspect of the proposed rule is the inclusion of the term "predominantly earn a profit" in the definition of engaged in the business as a dealer in firearms. This means that if individuals engage in selling firearms and earn any profit, they may be targeted by the ATF and required to obtain a Federal Firearms License (FFL). This broad language raises concerns among gun owners and enthusiasts as it leaves considerable room for interpretation and potential abuse by the ATF.

The proposed rule also aims to clarify when a person is engaged in the business as a dealer in firearms. It includes bullet points that define terms such as purchase and sale as they apply to dealers. It also states that certain individuals, such as auctioneers and those buying and selling firearms from personal collections, may be exempt from the rule. However, it is important to note that there are concerning aspects of the proposed rule that may make these exemptions less certain.

The proposed rule further sets forth conduct that is presumed to constitute engagement in the business of dealing in firearms. It also establishes that the intent to predominantly earn a profit does not require the person to have received pecuniary gain. This subjective standard raises questions about the potential for arbitrary enforcement and punishment.

Additionally, the proposed rule does not set a specific numerical threshold for firearms sales. Instead, it relies on a subjective standard to determine when enough transactions or intent is present to require an FFL. This means that even a single firearms transaction, combined with other evidence, could be sufficient to require a license. This subjective approach is concerning to many as it leaves individuals vulnerable to potential violations without clear guidelines.

The proposed rule also considers alternative approaches, such as setting a minimum numerical threshold for firearms sales. However, the ATF has decided to rely solely on a subjective standard to determine when an FFL is necessary. This decision eliminates any potential loopholes that could be exploited by individuals attempting to avoid the minimum threshold.

Overall, the proposed rule is broad-reaching and subjective in nature. It raises concerns about potential violations and criminal penalties for individuals engaged in private party firearms sales. The rule could restrict the ability of individuals to engage in private transactions and may require them to go through FFLs and undergo background checks.

Gun owners and enthusiasts are encouraged to participate in the 90-day commenting period once the proposed rule is published. This is an opportunity for individuals to voice their opinions and concerns regarding the potential impact of the rule. It is important for advocates of the Second Amendment to make their voices heard and oppose any regulations that may infringe upon their rights.

In conclusion, the ATF's proposed rule targeting private party firearms sales has sparked significant controversy and concern within the firearms community. The broad and subjective nature of the rule leaves individuals vulnerable to potential violations and restrictions on their ability to engage in private transactions. It is crucial for gun owners and enthusiasts to stay informed, participate in the commenting period, and advocate for their rights.