You CAN'T Sell Your Guns In 2023?! (Biden Executive Order)

Published on March 17, 2023
Duration: 5:40

This video discusses potential changes to firearm regulations under the Biden administration, focusing on the redefinition of what constitutes being 'in the business of selling firearms.' The speaker, identified as Tom Grieve, a criminal defense attorney, explains how expanding this definition could require individuals to obtain a dealer's license and maintain a bound book of transactions, potentially criminalizing occasional sales. The analysis draws from the Gun Control Act of 1968 and relevant statutes, highlighting the administration's strategy to bypass Congress through regulatory interpretation.

Quick Summary

The Biden administration may redefine 'in the business of selling firearms,' potentially requiring individuals who make occasional sales to obtain a dealer's license and maintain a bound book. This regulatory shift, based on the Gun Control Act of 1968, could criminalize private firearm transfers if not carefully navigated.

Chapters

  1. 00:00Introduction: Potential Gun Sales Ban
  2. 00:52Biden's Gun Control Strategy
  3. 01:16Universal Background Checks & Registration Fears
  4. 02:08Current Statute: Gun Control Act of 1968
  5. 02:26Strategy: Expanding 'Dealer' Definition
  6. 03:36Bound Book Requirements for Dealers
  7. 03:49How to Avoid Going to Prison
  8. 04:13Factors Courts Consider for Dealer Status
  9. 04:46ATF Clarification on Sales Volume
  10. 05:05Further Legal Analysis Resources

Frequently Asked Questions

What is the main concern regarding selling firearms in 2023 due to potential Biden administration actions?

The primary concern is that the Biden administration may seek to redefine what constitutes being 'in the business of selling firearms.' This could lead to individuals who make occasional sales being required to obtain a dealer's license and comply with record-keeping, potentially turning lawful transfers into felonies.

How does the Gun Control Act of 1968 relate to current firearm sales regulations?

The Gun Control Act of 1968 mandates that individuals engaged in the business of selling firearms must be licensed and conduct background checks. The current discussion revolves around how this definition might be expanded by regulatory interpretation, affecting private sales.

What are the key factors courts consider when determining if someone is a 'dealer in firearms'?

Courts examine factors such as whether the person represents themselves as a dealer, repetitively buys and sells firearms, the circumstances of the sales, and the intent to make a profit. Even a small number of sales can be considered if other indicators of business activity are present.

What is a 'bound book' and why is it relevant to firearm sales?

A 'bound book' is a mandatory record for licensed firearm dealers, detailing every firearm they acquire and transfer. If an individual is reclassified as a dealer due to expanded definitions, they would be required to maintain such a book, adding significant compliance burdens.

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