The Next ATF Rule to Disarm You

William Kirk of Washington Gun Law discusses a proposed ATF rule that could effectively end private firearm sales by redefining who qualifies as a Federal Firearms Licensee (FFL). This mirrors restrictive state laws like Washington's RCW 9.41.113 and is enabled by changes to the definition of 'engaged in the business' in the Bipartisan Safer Communities Act. Kirk highlights the importance of the public comment period for influencing ATF decisions and potential legal challenges.

Quick Summary

A proposed ATF rule aims to end private firearm sales by redefining Federal Firearms Licensee (FFL) criteria, influenced by the Bipartisan Safer Communities Act's change to the 'engaged in the business' definition. This mirrors Washington State's strict background check laws and highlights the importance of the public comment period for influencing ATF regulations.

Chapters

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

Frequently Asked Questions

What is the proposed ATF rule targeting regarding firearm sales?

A proposed ATF rule aims to effectively end private firearm sales by redefining who qualifies as a Federal Firearms Licensee (FFL). This change is intended to bring private sales under the same regulatory framework as commercial sales, requiring background checks for all transfers.

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

The Act amended federal law (18 U.S.C. Sec. 921(a)) to change 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 to expand its regulatory reach over firearm sales.

What is the significance of the public comment period for the proposed ATF rule?

The public comment period is crucial because it allows citizens to voice their opinions and concerns directly to the ATF. Historically, significant public feedback has forced the ATF to alter or withdraw proposed rules, and it can also lay the groundwork for future legal challenges.

How does the proposed federal rule compare to Washington State's firearm laws?

The proposed federal rule mirrors aspects of Washington State's RCW 9.41.113, which already mandates background checks for almost all private firearm transfers. The ATF's goal appears to be implementing a similar, restrictive framework on a national level by altering federal definitions.

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