it looks like Marco Rubio damaged his career quite a bit
I have not looked at how it was amended and by whom. Bills generally get a lot of junk inserted on the way through the process.
I completely agree with the notion that there needed to be clearer definition of who needs and FFL and who doesn't, but it was never going to work under the current structure where the sociopaths at the ATF makes rules based on their interpretation of laws implemented by the executive branch. The right answer is no one needs one but we aren't going to get there in one hop.
One problem is Executive branch agencies are engaging in what amounts to writing legislation and that is unconstitutional. This is going to be ripe for a lawsuit soon.
If this here is the law, you all are just making [bleep] up. All it does is spell it out in a little clearer wording, so you all understand.
Quote
The final version of ATF Rule 2022R-17 has been submitted to the Federal Register and will go into effect 30 days after the date of publication. The Final Rule broadens the definition of who is “engaged in the business” as a dealer in firearms and finalizes many amendments to regulatory definitions.
A person will be considered to be “engaged in the business” as a dealer in firearms, when that person:
Resells or offers for resale firearms, and also represents to potential buyers or otherwise demonstrates a willingness and ability to purchase and resell additional firearms (i.e., to be a source of additional firearms for resale)” Repetitively purchases for the purpose of resale, or repetitively resells or offers for resale, firearms— (i) Through straw or sham businesses, or individual straw purchasers or sellers; or (ii) That cannot lawfully be purchased, received, or possessed under Federal, State, local, or Tribal law…
Repetitively sells or offers for resale firearms (i) Within 30 days after the person purchased the firearms; or
(ii) Within one year after the person purchased the firearms if they are
(A) New, or like new in their original packaging; or
(B) The same make and model, or variants thereof
As a former licensee (or responsible person acting on behalf of the former licensee), resells or offers for resale to a person . . . firearms that were in the business inventory of the former licensee at the time the license was terminated… and
As a former licensee (or responsible person acting on behalf of the former licensee), resells or offers for resale firearms that were transferred to the licensee’s personal collection…” The Rule finalizes the amendment to the regulatory definition of “Dealer” to clarify that firearms dealing may occur wherever, or through whatever medium, qualifying domestic or international activities are conducted.
The Rule also “finalizes an amendment to the regulatory definition of “engaged in the business” to define the terms “purchase” and “sale” as they apply to dealers to include any method of payment or medium of exchange for a firearm, including services or illicit forms of payment (e.g., controlled substances). “Resale” is defined to mean “selling a firearm, including a stolen firearm, after it was previously sold by the original manufacturer or any other person.””
Providing services is considered a medium of exchange, so the ATF has codified their “historical exclusion for auctioneers who provide only auction services on commission to assist in liquidating firearms at an “estate-type” auction.”
The ruling states that a “licensee transferring a firearm to another licensee, must do so by following the verification and recordkeeping procedures in the regulations, rather than by using a Firearms Transaction Record, ATF Form 4473.”
“The final rule 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.” Without an FFL, an individual must ensure they are not “engaged in the business” and the transaction is not “to predominantly earn a profit”, which now focuses only on whether the intent of the underlying sale or disposition of the firearms is predominantly of the obtaining pecuniary gain. Individuals may continue to engage in private intrastate sales, without a license, provided the individuals are not “engaged in the business” and the transaction is otherwise compliance with the law.
And it looks as if it's spelled out pretty clearly in the new wording...
One problem is Executive branch agencies are engaging in what amounts to writing legislation and that is unconstitutional. This is going to be ripe for a lawsuit soon.
Ya Remember when Emanuel gave the CDC the power to Shut the Country down..
Take over the Mortgage Industry..
You don’t think the BTAF didn’t see new power out of thin Air ..
How about the 27K FISA Violations which have never been Addressed..
How about all those New Section 702 Police State Goodie’s the 115 House Republicans just sent to the Senate..
If the Existing Section 702 wasn’t bad enough they go and Double Down on the Heel of the Boot ..
Hahahaha Hahahaha
350 Million People are just Spectators to their Own Demise..
If this here is the law, you all are just making [bleep] up. All it does is spell it out in a little clearer wording, so you all understand.
Quote
The final version of ATF Rule 2022R-17 has been submitted to the Federal Register and will go into effect 30 days after the date of publication. The Final Rule broadens the definition of who is “engaged in the business” as a dealer in firearms and finalizes many amendments to regulatory definitions.
A person will be considered to be “engaged in the business” as a dealer in firearms, when that person:
Resells or offers for resale firearms, and also represents to potential buyers or otherwise demonstrates a willingness and ability to purchase and resell additional firearms (i.e., to be a source of additional firearms for resale)” Repetitively purchases for the purpose of resale, or repetitively resells or offers for resale, firearms— (i) Through straw or sham businesses, or individual straw purchasers or sellers; or (ii) That cannot lawfully be purchased, received, or possessed under Federal, State, local, or Tribal law…
Repetitively sells or offers for resale firearms (i) Within 30 days after the person purchased the firearms; or
(ii) Within one year after the person purchased the firearms if they are
(A) New, or like new in their original packaging; or
(B) The same make and model, or variants thereof
As a former licensee (or responsible person acting on behalf of the former licensee), resells or offers for resale to a person . . . firearms that were in the business inventory of the former licensee at the time the license was terminated… and
As a former licensee (or responsible person acting on behalf of the former licensee), resells or offers for resale firearms that were transferred to the licensee’s personal collection…” The Rule finalizes the amendment to the regulatory definition of “Dealer” to clarify that firearms dealing may occur wherever, or through whatever medium, qualifying domestic or international activities are conducted.
The Rule also “finalizes an amendment to the regulatory definition of “engaged in the business” to define the terms “purchase” and “sale” as they apply to dealers to include any method of payment or medium of exchange for a firearm, including services or illicit forms of payment (e.g., controlled substances). “Resale” is defined to mean “selling a firearm, including a stolen firearm, after it was previously sold by the original manufacturer or any other person.””
Providing services is considered a medium of exchange, so the ATF has codified their “historical exclusion for auctioneers who provide only auction services on commission to assist in liquidating firearms at an “estate-type” auction.”
The ruling states that a “licensee transferring a firearm to another licensee, must do so by following the verification and recordkeeping procedures in the regulations, rather than by using a Firearms Transaction Record, ATF Form 4473.”
“The final rule 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.” Without an FFL, an individual must ensure they are not “engaged in the business” and the transaction is not “to predominantly earn a profit”, which now focuses only on whether the intent of the underlying sale or disposition of the firearms is predominantly of the obtaining pecuniary gain. Individuals may continue to engage in private intrastate sales, without a license, provided the individuals are not “engaged in the business” and the transaction is otherwise compliance with the law.
And it looks as if it's spelled out pretty clearly in the new wording...
Phil
Glad you have this figured out. Let's look at the wording of the law and I'll let you answer my question.
"The final rule 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."
Specifically how often is occasionally? Once a week? Once a month? Once a year? Give me a clear, definitive and non-subjective answer.
This should be fun. Something tells me we are about to do the typical liberal dance.
Is there a list of all the Republicans who voted for this? They really need to be made to pay the political penalty.
I was not aware there was any kind of a Congressional vote on this. I thought the ATF just redefined what a dealer was... which is also totally illegal..
The ATF claims they are merely responding to a new bipartisan law passed by Congress designed to "close the gun show loophole."
Never happened.
Its all right to be white!! Stupidity left unattended will run rampant Don't argue with stupid people, They will drag you down to their level and then win by experience
In the future I see diminished online sales and increased local consignments. This law is clearly not intended to increase background checks but rather to limit individual gun sales.
In the future I see diminished online sales and increased local consignments. This law is clearly not intended to increase background checks but rather to limit individual gun sales.
The universal background checks were to keep track of who owns what and this was designed to "Get'em".
Paul
"I'd rather see a sermon than hear a sermon".... D.A.D.
Trump Won!, Sandmann Won!, Rittenhouse Won!, Suck it Liberal Fuuktards.
So now you're offering legal advise ? What happened, get tired of buying .22 ammo you don't need ?
to whom was that statement directed at?
Me. He's a reseller who got pissed off when I bought thirteen 50 round boxes of SK 22 ammo for dirt cheap back during the last shortage. He complains about it every time he gets a chance.
REALLY PATHETIC the way the word LAW gets thrown around here. Its NOT law. Its Policy. Rule making. Does ATF have jurisdiction over Non licensee's ? Isn't Congress who has the power to make LAW ? Its like the idiots who continually call America a Democracy. You fight their battle for them.
Wake the phuggg up! If you don't know your rights, you don't have any.
America is (supposed to be) a Republic, NOT a democracy. Learn the difference, help end the lie. Fear a government that fears your guns.
REALLY PATHETIC the way the word LAW gets thrown around here. Its NOT law. Its Policy. Rule making. Does ATF have jurisdiction over Non licensee's ? Isn't Congress who has the power to make LAW ? Its like the idiots who continually call America a Democracy. You fight their battle for them.
Wake the phuggg up! If you don't know your rights, you don't have any.
REALLY PATHETIC the way the word LAW gets thrown around here. Its NOT law. Its Policy. Rule making. Does ATF have jurisdiction over Non licensee's ? Isn't Congress who has the power to make LAW ? Its like the idiots who continually call America a Democracy. You fight their battle for them.
Wake the phuggg up! If you don't know your rights, you don't have any.
Regulations.
Over who? Did you enter into a Contract with ATF?
America is (supposed to be) a Republic, NOT a democracy. Learn the difference, help end the lie. Fear a government that fears your guns.
REALLY PATHETIC the way the word LAW gets thrown around here. Its NOT law. Its Policy. Rule making. Does ATF have jurisdiction over Non licensee's ? Isn't Congress who has the power to make LAW ? Its like the idiots who continually call America a Democracy. You fight their battle for them.
Wake the phuggg up! If you don't know your rights, you don't have any.
Regulations.
It’s a law, they will prosecute you based upon the regulations.
Just like the IRS prosecutes based upon its regulations.
That being said, this thing is overblown. The regulations have specific exemptions for ordinary gun guy stuff.
See pages 12-13.
BMT
"The Church can and should help modern society by tirelessly insisting that the work of women in the home be recognized and respected by all in its irreplaceable value." Apostolic Exhortation On The Family, Pope John Paul II
