How the ATF Wants to Disarm You This Time

William Kirk of Washington Gun Law details a new ATF proposed rule that redefines 'engaged in the business' of selling firearms, potentially criminalizing private sales and gun show transactions. The rule leverages the Bipartisan Safer Communities Act and sets specific criteria, like selling firearms within 30 days of purchase, that trigger a presumption of dealer status. Kirk urges the 2A community to submit public comments to create a record for future legal challenges against the rule, which carries severe penalties.

Quick Summary

The ATF's proposed rule redefines 'engaged in the business' of selling firearms, potentially criminalizing private sales and gun show transactions. Actions like selling firearms within 30 days of purchase or indicating an ability to source more can trigger a presumption of dealer status, carrying penalties of up to 5 years in prison and $250,000 fines.

Chapters

  1. 00:00Introduction: New ATF Rule & History
  2. 00:58Impact on Private Sales & Gun Shows
  3. 02:43Criteria for FFL Presumption Explained
  4. 03:59Specific Triggers for Dealer Status
  5. 05:21Public Comment & Legal Strategy
  6. 06:30Penalties & Conclusion

Frequently Asked Questions

What is the new ATF proposed rule about?

The ATF has proposed a new rule to redefine who is considered 'engaged in the business' of selling firearms. This aims to potentially criminalize common private firearm sales and transactions at gun shows by imposing FFL requirements on individuals based on specific selling activities.

What actions could trigger the presumption of being a firearms dealer under the new ATF rule?

The rule presumes an individual is a dealer if they offer firearms for sale while indicating an ability to source more, or if they sell firearms shortly after purchasing them. Specific triggers include selling within 30 days of purchase, selling items in original packaging, or selling multiple firearms of the same type.

How can the firearms community respond to the ATF's proposed rule?

There is a 90-day public comment period open for the proposed rule. The 2A community is encouraged to submit comments, as past public input has led the ATF to alter rules, providing grounds for future legal challenges against potentially unconstitutional regulations.

What are the penalties for violating FFL requirements?

Violating federal firearms dealer (FFL) requirements can result in severe penalties, including up to 5 years in prison and fines of up to $250,000. The ATF's proposed rule could inadvertently classify many private sellers as dealers, exposing them to these penalties.

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