New ATF Rule: Selling Any gun for a price higher than one paid now may turn anyone into a dealer, making any such sale unlawful if it does not involve all the insane licensing and paperwork.
Posted by freedomforall 6 months, 1 week ago to Politics
Excerpt:
"On Friday, the 31st anniversary of the massacre of Branch Davidians in Waco, Texas, the ATF issued new regulations that make it more difficult to comply with federal laws regulating gun dealing and background checks.
Since the 1930s, federal law has required gun dealers to be registered as Federal Firearms Licensees (FFL). The requirements hinged on the meaning of “engaged in the business of” gun dealing. This language has always been ambiguous, and there has never been (even after the announcement of the new rules) a true “bright line” that distinguishes when one graduates from selling a few guns from one’s personal collection into full-fledged gun dealing.
The law previously required the primary purpose of sales to be “livelihood and profit.” The new rules reduce the requirements to seeking profit alone, tracking the a congressional amendment to existing law in 2022. The changes are more extensive than the legislative guidance, though, by stating that selling guns in the original packaging or shortly after purchase create a rebuttable presumption of being “engaged in the business.”
The potential risk is substantial, as violations are felonies. Flipping a gun for a price higher than one paid, even if one originally intended to keep it, now may turn one into a dealer, making any such sale unlawful if it does not involve all the licensing and paperwork that govern FFLs.
The War on Gun Collecting
The new rule is the latest salvo in the ATF’s longstanding war on gun shows and private transfers. In the 1980s, the ATF wanted to make it easier to become a dealer because that meant fewer private transfers as well as more records and tax revenue. In those days, it only took $10 and filling out some forms to become an FFL. These were sometimes referred to as the “kitchen table” dealers, and the numbers of FFLs increased substantially.
Then, during the Clinton years, the ATF wanted to limit FFLs, so it began requiring a larger fee as well as a storefront. They realized a lot of guns were being sold by these guys, and these measures cut down FFLs considerably. Clinton thought gun control was a great wedge issue to peel off suburban moderates from the Republican coalition.
Now, with a Democrat again at the helm, the ATF wants to further limit private sales with the threat of criminal punishment by expanding the definition of gun dealing while leaving it vague enough to dissuade private sales.
Everything under the sun that is collected has a community and events associated with it, and this typically includes shows. Shows are places where people can buy, sell, trade-up, and learn about their hobby. Fishing, boating, cars, coins, beanie babies and every other hobby and collectable has shows.
Gun shows are particularly popular because guns tend to hold their value well, and lots of people collect guns. Since many gun owners are of modest means, many of these guns eventually need to be sold, taken to a pawn shop, or otherwise converted into money after they are purchased. Gun shows allow ordinary people to sell guns to other collectors and enthusiasts, whether they are dealers or not."
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D.C. is a corrupt s__thole that can't be reformed. NIFO
"On Friday, the 31st anniversary of the massacre of Branch Davidians in Waco, Texas, the ATF issued new regulations that make it more difficult to comply with federal laws regulating gun dealing and background checks.
Since the 1930s, federal law has required gun dealers to be registered as Federal Firearms Licensees (FFL). The requirements hinged on the meaning of “engaged in the business of” gun dealing. This language has always been ambiguous, and there has never been (even after the announcement of the new rules) a true “bright line” that distinguishes when one graduates from selling a few guns from one’s personal collection into full-fledged gun dealing.
The law previously required the primary purpose of sales to be “livelihood and profit.” The new rules reduce the requirements to seeking profit alone, tracking the a congressional amendment to existing law in 2022. The changes are more extensive than the legislative guidance, though, by stating that selling guns in the original packaging or shortly after purchase create a rebuttable presumption of being “engaged in the business.”
The potential risk is substantial, as violations are felonies. Flipping a gun for a price higher than one paid, even if one originally intended to keep it, now may turn one into a dealer, making any such sale unlawful if it does not involve all the licensing and paperwork that govern FFLs.
The War on Gun Collecting
The new rule is the latest salvo in the ATF’s longstanding war on gun shows and private transfers. In the 1980s, the ATF wanted to make it easier to become a dealer because that meant fewer private transfers as well as more records and tax revenue. In those days, it only took $10 and filling out some forms to become an FFL. These were sometimes referred to as the “kitchen table” dealers, and the numbers of FFLs increased substantially.
Then, during the Clinton years, the ATF wanted to limit FFLs, so it began requiring a larger fee as well as a storefront. They realized a lot of guns were being sold by these guys, and these measures cut down FFLs considerably. Clinton thought gun control was a great wedge issue to peel off suburban moderates from the Republican coalition.
Now, with a Democrat again at the helm, the ATF wants to further limit private sales with the threat of criminal punishment by expanding the definition of gun dealing while leaving it vague enough to dissuade private sales.
Everything under the sun that is collected has a community and events associated with it, and this typically includes shows. Shows are places where people can buy, sell, trade-up, and learn about their hobby. Fishing, boating, cars, coins, beanie babies and every other hobby and collectable has shows.
Gun shows are particularly popular because guns tend to hold their value well, and lots of people collect guns. Since many gun owners are of modest means, many of these guns eventually need to be sold, taken to a pawn shop, or otherwise converted into money after they are purchased. Gun shows allow ordinary people to sell guns to other collectors and enthusiasts, whether they are dealers or not."
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D.C. is a corrupt s__thole that can't be reformed. NIFO
and neither rules nor laws top the Constitution
the ATF needs to go
along with the FBI and a whole host of other alphabet agencies
This is all the same kind of thing. "Oh, if you're making a profit you now need to be a licensed gun dealer." - Playing on the widely accepted American/Puritan/Mush-Brain premise that "money is the root of all evil".
Completely unconstitutional as most of what that tyrannical traitor
and mass murderer FDR forced on Americans.
At the height of the great depression. Naturally government thugs
wanted to disarm the people who might figure out who was actually at fault.
So on the eve on the next depression the traitors do it again.
Gotta give Buydem and his Deep State masters credit for one thing.
They're building back a greater depression than ever before.
NIFO.