Per the ATF's New Rule, Are You a Gun Dealer or Not?

Published on April 16, 2024
Duration: 20:04

This video explains ATF Rule 2022 R-7, which redefines what it means to be 'engaged in the business' as a firearms dealer. The rule, stemming from the Bipartisan Safer Communities Act, shifts the focus from 'livelihood and profit' to 'predominantly earn a profit.' It outlines specific activities that create a rebuttable presumption of being a dealer, impacting individuals who buy and resell firearms, especially online or at gun shows, without an FFL.

Quick Summary

ATF Rule 2022 R-7 redefines 'engaged in the business' as a firearms dealer, shifting the legal standard from requiring both livelihood and profit to focusing on sales done 'predominantly to earn a profit.' This change, stemming from the Bipartisan Safer Communities Act, impacts individuals buying and reselling firearms, especially outside of a licensed FFL framework.

Chapters

  1. 00:00Introduction: ATF's New Rule
  2. 01:13Sponsor: Right to Bear Legal Protection
  3. 02:03ATF Rule 2022 R-7 Explained
  4. 03:07Seismic Shift in Statutory Language
  5. 04:18ATF's Claimed Purpose of the Rule
  6. 05:12What the Rule Actually Does
  7. 06:35Exclusion for Auctioneers
  8. 07:08Clarifying Who Needs a License
  9. 08:09Impact on Online Sellers and Gun Shows
  10. 08:11FFLs Going Out of Business
  11. 09:05New Definition: Predominantly Earn Profit
  12. 10:21Defining 'Predominantly Earn Profit'
  13. 11:19Dealing Through Multiple Mediums
  14. 12:09No Minimum Threshold for Sales
  15. 12:48How ATF Determines Profit Intent
  16. 13:32Activities Presumed for Profit
  17. 14:54Repetitive Purchases for Resale
  18. 15:51Selling Firearms Within 30 Days
  19. 16:26Brian Manowski Case Example
  20. 16:30Former Licensee Sales
  21. 17:38Burden of Proof on Individuals
  22. 17:51Rule Effective Date
  23. 18:09Historical Incidents and ATF Actions
  24. 19:00Conclusion: Lawful Gun Ownership

Frequently Asked Questions

What is the main change introduced by ATF Rule 2022 R-7 regarding firearms dealers?

ATF Rule 2022 R-7, enacted under the Bipartisan Safer Communities Act, shifts the definition of being 'engaged in the business' as a firearms dealer. Previously, it required the principal objective to be both livelihood and profit; now, the focus is on whether firearms are sold predominantly to earn a profit.

What does 'predominantly earn a profit' mean under the new ATF rule?

Under ATF Rule 2022 R-7, 'to predominantly earn profit' means the primary intent behind selling firearms is to gain financially. This is contrasted with other motivations, such as liquidating a personal collection. The rule emphasizes the intent to profit over actual profit realization.

What activities can lead to a presumption of being a firearms dealer under ATF Rule 2022 R-7?

Several activities create a rebuttable presumption of being a dealer, including selling firearms while indicating an ability to sell more, spending more on firearm purchases for resale than reported income, repetitively selling firearms within 30 days of purchase, or selling firearms that cannot be lawfully possessed, such as stolen or illegally imported weapons.

Does ATF Rule 2022 R-7 apply to individuals selling firearms from their personal collection?

While the rule aims to clarify who is 'engaged in the business' as a dealer, selling from a personal collection is generally not considered dealing if the intent is not to predominantly earn a profit. However, specific activities like repetitively selling similar firearms or selling items from a former FFL's inventory can create a presumption of dealing.

When does ATF Rule 2022 R-7 go into effect?

ATF Rule 2022 R-7 is scheduled to go into effect 30 days after its official publication in the Federal Register. While publication had not yet occurred at the time of the video, an effective date around mid-year was anticipated.

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