The Next ATF Rule to Disarm You

This video from Washington Gun Law, featuring legal expert William Kirk, analyzes a proposed ATF rule that could effectively eliminate private firearm sales by redefining who qualifies as a Federal Firearms Licensee (FFL). Kirk details how the Bipartisan Safer Communities Act's redefinition of 'engaged in the business' provides the ATF with a statutory basis for this rule, drawing parallels to existing restrictive state laws like Washington's RCW 9.41.113. The analysis highlights the potential impact on firearm access and emphasizes the critical role of the public comment period in influencing regulatory outcomes, referencing past successes in challenging ATF actions.

Quick Summary

A proposed ATF rule threatens private firearm sales by redefining 'engaged in the business' to require more individuals to obtain a Federal Firearms License (FFL). This change, enabled by the Bipartisan Safer Communities Act's revised definition focusing on 'predominantly earn a profit,' mirrors restrictive state laws like Washington's RCW 9.41.113 and highlights the importance of public comment periods in regulatory processes.

Chapters

  1. 00:00Introduction to Civilian Disarmament & ATF Overreaches
  2. 01:35New ATF Rule on Private Sales & Corporate Restrictions
  3. 02:58Washington State Law Comparison (RCW 9.41.113)
  4. 04:32Bipartisan Safer Communities Act Impact on Definitions
  5. 06:31Timeline, Public Comment, and Legal Outlook

Frequently Asked Questions

What is the main concern regarding the new ATF rule proposal?

The primary concern is that a proposed ATF rule could effectively eliminate private firearm sales by redefining who is considered 'engaged in the business' and thus requires a Federal Firearms License (FFL). This could significantly restrict individuals from selling firearms without an FFL.

How does the Bipartisan Safer Communities Act relate to this ATF rule?

The Bipartisan Safer Communities Act amended federal statute 18 U.S.C. Sec. 921(a), changing the definition of 'engaged in the business' from requiring a 'principal objective of livelihood and profit' to simply 'to predominantly earn a profit.' This provides the ATF with a statutory basis for the new rule.

What is the significance of the public comment period for ATF rules?

The public comment period is a critical opportunity for citizens to influence proposed ATF regulations. Past participation has forced the ATF to alter its course, which has later been beneficial in legal challenges, such as those seen in the Fifth Circuit.

How does Washington State law compare to the proposed federal changes?

Washington State's RCW 9.41.113 requires background checks for nearly all private firearm transfers. The proposed federal ATF rule aims to achieve a similar restrictive framework nationally by altering statutory definitions related to firearm sales.

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