National Biden regime approves expansion background checks .

[64MercurysRule]

This is a regulatory rule, not a law enacted by Congress. It is likely to be challenged and overturned in courts.

https://www.thegatewaypundit.com/2024/04/breaking-biden-regime-approves-expansion-background-checks-gun/

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[arakboss]

So this rule is effective as of today?

 

[64MercurysRule]

According to several reports the rule, which implements the change in the law, will take effect 30 days after it is published in the Federal Register . They believe there are thousands of people who are selling firearms to make a profit without a license . So engaging in business to make a profit is like a car flipper to make profit without a license . How many in what time frame ? How much of a profit ? More questions ....clear as mud .

 

[Nosferatu]

This is great news! Individuals should be able to acquire an FFL now.

 

[arakboss]

This is great news! Individuals should be able to acquire an FFL now.

It appears they already could?


"There are 80,000 individuals who have a Federal Firearm License"

 

[Paolung]

Sounds like even trades or buying/selling without a profit isn't an issue at all. Maybe they just don't want people to profit without getting their greedy little hands involved.

 

[arakboss]

Sounds like even trades or buying/selling without a profit isn't an issue at all. Maybe they just don't want people to profit without getting their greedy little hands involved.

I understood it differently. It appears that any activity they don't consider occasional could be suspect, including buying. It also sounds like they will seize firearms and you will have to successfully rebut to get them back.

https://www.atf.gov/rules-and-regulations/docs/ruling/atf-final-rule-definition-engaged-business-dealer-firearms/download

 

[arakboss]

I thought Measure 114 was going to end my purchasing days, now it looks like it will be the Feds.

Glad I went all out over the last year and a half.

 

[RVTECH]

So if this only affects individuals selling guns at shows and online for profit then how about in states where BGCs for FTF sales are NOT required?

These people could simply drop shows and online sales and work out of home, FTF etc. Unless I am missing something about this it looks like a round a bout way to get closer to UBCs.

 

[arakboss]

So if this only affects individuals selling guns at shows and online for profit then how about in states where BGCs for FTF sales are NOT required?

These people could simply drop shows and online sales and work out of home, FTF etc. Unless I am missing something about this it looks like a round a bout way to get closer to UBCs.

It will impact sales everywhere, they will also be looking at purchases.

 

[Nosferatu]

it looks like a round a bout way to get closer to UBCs.

That's the idea, just with the hasty and half-assed implementation this administration is famous for.

 

[Local Loader]

So if this only affects individuals selling guns at shows and online for profit then how about in states where BGCs for FTF sales are NOT required?

These people could simply drop shows and online sales and work out of home, FTF etc. Unless I am missing something about this it looks like a round a bout way to get closer to UBCs.

That would still require the person to get an FFL.

 

[Nosferatu]

It appears they already could?


"There are 80,000 individuals who have a Federal Firearm License"

Not quite. You must be engaged in the business (ie: for profit) of buying & selling firearms or gunsmithing.

 

[arakboss]

If you were thinking about selling a significant part of your collection, you might want to get-r-done before this rule is active. I am hanging on to what I have and I'll see how the final rule reads before making any new purchases after the rule is in effect. Maybe it will go down in flames like the brace rule?

 

[Local Loader]

If you were thinking about selling a significant part of your collection, you might want to get-r-done before this rule is active. I am hanging on to what I have and I'll see how the final rule reads before making any new purchases after the rule is in effect. Maybe it will go down in flames like the brace rule?

Page 5
At the same time, the final rule expressly recognizes that individuals who purchase firearms for the enhancement of a personal collection or a legitimate hobby are permitted by the GCA to occasionally buy and sell firearms for those purposes, or occasionally resell to a licensee or to a family member for lawful purposes, without the need to obtain a license. It also makes clear that persons may liquidate all or part of a personal collection, liquidate firearms that are inherited, or liquidate pursuant to a court order, without the need to obtain a license. Evidence of these activities may also be used to rebut the presumptions discussed above in a civil or administrative proceeding. Relatedly, the rule finalizes the proposed definition of the term "personal collection" (or "personal collection of firearms" or "personal firearms collection") to reflect common definitions of the terms "collection" and "hobby." While firearms accumulated primarily for personal protection are not included in the definition of "personal collection," the final rule makes clear that nothing in this rule shall be construed as precluding a person from lawfully acquiring a firearm for self-protection or other lawful personal use.

 

[Local Loader]

They are working on trying to redefine firearm ownership as a "hobby" not an individual right so that it's easier for them to try and ban firearms since "hobbys" can be regulated or banned.

 

[arakboss]

Page 5
At the same time, the final rule expressly recognizes that individuals who purchase firearms for the enhancement of a personal collection or a legitimate hobby are permitted by the GCA to occasionally buy and sell firearms for those purposes, or occasionally resell to a licensee or to a family member for lawful purposes, without the need to obtain a license. It also makes clear that persons may liquidate all or part of a personal collection, liquidate firearms that are inherited, or liquidate pursuant to a court order, without the need to obtain a license. Evidence of these activities may also be used -5- to rebut the presumptions discussed above in a civil or administrative proceeding. Relatedly, the rule finalizes the proposed definition of the term "personal collection" (or "personal collection of firearms" or "personal firearms collection") to reflect common definitions of the terms "collection" and "hobby." While firearms accumulated primarily for personal protection are not included in the definition of "personal collection," the final rule makes clear that nothing in this rule shall be construed as precluding a person from lawfully acquiring a firearm for self-protection or other lawful personal use.

"Occasionally" is the operative word. This leaves it up to them to decide whether you stepped over that unknown limit. I can guarantee that my recent purchase history would not look occasional to anybody. My FFL called it rabid buying.

 

[Local Loader]

"Occasional" is the operative word. This leaves it up to them to decide whether you stepped over that unknown limit. I can guarantee that my recent purchase history would not look occasional to anybody. My FFL called it rabid buying.

I haven't seen anything yet about them checking how much you buy unless you are reselling them also. If you are selling off your "collection" they don't care as long as you're not buying new ones at the same time, then they'll look to see if you are acting as a "dealer." The thing you got to look at is "buy and sell firearms" they are using this to look for people who b&s firearms in large numbers, as to what they consider a large number I couldn't say, more likely looking to see how often a person does it. The other thing is the only way I can see them being able to enforce this is that they would have to have a gun registry to know who has what and how often they buy and sell.
The bigger issue should be the redefining of firearm ownership as a hobby instead of a right.

 

[RVTECH]

They are working on trying to redefine firearm ownership as a "hobby" not an individual right so that it's easier for them to try and ban firearms since "hobbys" can be regulated or banned.

Well, about the only way a hobby could be banned is if the object of the hobby were intrinsically illegal or maybe required a permit but yes, this could be a 'backdoor' way to institute an eventual permit requirement to own firearms.

 

[arakboss]

I haven't seen anything yet about them checking how much you buy unless you are reselling them also. If you are selling off your "collection" they don't care as long as you're not buying new ones at the same time, then they'll look to see if you are acting as a "dealer." The thing you got to look at is "buy and sell firearms" they are using this to look for people who b&s firearms in large numbers, as to what they consider a large number I couldn't say, more likely looking to see how often a person does it. The other thing is the only way I can see them being able to enforce this is that they would have to have a gun registry to know who has what and how often they buy and sell.
The bigger issue should be the redefining of firearm ownership as a hobby instead of a right.

Let's say a person was buying a bunch of firearms through a dealer and selling them privately, without a BG check. How would they determine the sale qty? They can't. If they see somebody buying more than an occasional firearm (whatever that means), that could be suspect to them. If a person is frequently having "Multiple Sales" forms filled out on them, as I have had done lately, that could be a trigger for a visit. My FFL thinks I am paranoid about the Multiple Sales form but now it's an even bigger issue to me. My buying days are just about done if this rule holds.