– ATF Rule-Change Creates A Trap For The Unwary:
On Friday, the 31st anniversary of the massacre of Branch Davidians in Waco, Texas, the ATF issued new regulations that make it more difficult to comply with federal laws regulating gun dealing and background checks.
Since the 1930s, federal law has required gun dealers to be registered as Federal Firearms Licensees (FFL). The requirements hinged on the meaning of “engaged in the business of” gun dealing. This language has always been ambiguous, and there has never been (even after the announcement of the new rules) a true “bright line” that distinguishes when one graduates from selling a few guns from one’s personal collection into full-fledged gun dealing.
The law previously required the primary purpose of sales to be “livelihood and profit.” The new rules reduce the requirements to seeking profit alone, tracking the a congressional amendment to existing law in 2022. The changes are more extensive than the legislative guidance, though, by stating that selling guns in the original packaging or shortly after purchase create a rebuttable presumption of being “engaged in the business.”
The potential risk is substantial, as violations are felonies. Flipping a gun for a price higher than one paid, even if one originally intended to keep it, now may turn one into a dealer, making any such sale unlawful if it does not involve all the licensing and paperwork that govern FFLs.
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