ATF Goes Around Congress: Publishes Universal Background Check Rule

[JaySmith]

https://www.breitbart.com/2nd-amendm...nd-check-rule/

President Joe Biden’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) announced a proposed rule Thursday requiring universal background checks, which Congress has rejected for more than 20 years.

On August 2, 2023, Breitbart News reported Gun Owners of America’s (GOA) warning that Biden was working behind the scenes to use executive action to secure universal background checks.

GOA’s warning came the same day Sen. Richard Blumenthal (D-CT) urged the Biden Administration to act under the auspices of the Bipartisan Safer Communities Act to “issue and [make] effective” more regulations on gun sales.

On August 5, 2023, Breitbart News noted that Gabby Giffords’ gun control group, Giffords, was cheering the anticipated executive action for universal background checks.

On Thursday, the Department of Justice/ATF announced the rule is being published for public comment.

In a press release that accompanied the announcement of the proposed rule, Attorney General Merrick Garland said:

The Bipartisan Safer Communities Act was passed by Congress to reduce gun violence, including by expanding the background checks that keep guns out of the hands of criminals. This proposed rule implements Congress’s mandate to expand the definition of who must obtain a license and conduct a background check before selling firearms.

ATF director Steve Dettelbach said, “This new proposed rule would clarify the circumstances in which a person is ‘engaged in the business’ of dealing in firearms, and thus required to obtain a license and follow the laws Congress has established for firearms dealers.”

The ATF’s rule will redefine language so that there is not simply a category of Americans buying and selling guns from and to one another — as they have done since 1791 — and a category of Federal Firearms Licensed holders (FFLs) selling guns at retail. Rather, every seller will have to prove he is not trying to make a profit, or he will be required to ensure the purchaser undergoes a background check before taking possession of the firearm.

For example, the proposed rule states:

Consistent with the Gun Control Act (“GCA”) and existing regulations, the proposed rule also defines the term “personal collection” to clarify when persons are not “engaged in the business” because they make only occasional sales to enhance a personal collection, or for a hobby, or if the firearms they sell are all or part of a personal collection. This proposed rule further addresses the lawful ways in which former licensees, and responsible persons acting on behalf of such licensees, may liquidate business inventory upon revocation or other termination of their license.

Within minutes of the announcement of the proposed rule, GOA noted in an X post, “There are carve outs for any firearms the ATF deems cool enough to be ‘collectible.’ UNLESS your intent all along was profit or ATF doesn’t think it’s collectible. Then, that’s not allowed.”

[NEAHS]

Already posted here: https://forum.pafoa.org/showthread.php?t=400120

[JaySmith]

Seems like a different topic

[steve_010]

Cash is king. No paper trail. No profit made.

[GOYABEAN]

🍌Republic

[GunLawyer001]

Cash is king. No paper trail. No profit made.

Legality of the ATF doing this aside, how would you locate buyers? If you sell at a flea market, every buyer could be an informant.
If you post ads on the Internet, same thing.
If you sell to your friends, and friends-of-friends, how do you know they didn't get arrested and are now looking for other people to trade for leniency?
This is also why the govt doesn't actually NEED universal registration to catch bad guys who sell to gang members; you can't sell to the market without people in that market knowing that you're selling, and Feds are everywhere.

If they imposed universal background checks, they wouldn't need registration to enforce it, they could troll for private sellers willing to ignore the check, like they find drug dealers by sending out informants with money to make buys.

Universal registration only has one reason, and it's not to catch crimes or keep guns out of the hands of murderers. It's so the govt knows where most of the guns are, and nobody feels confident that they can ignore a mandatory "buyback" and just bury the guns somewhere wrapped in plastic. It's laying the groundwork for unilaterally disarming the People, so they have to trust the govt not to abuse its power. The same govt currently abusing its power by targeting Trump, Trump supporters, and now Elon Musk in a coordinated attack on Tesla, SpaceX and Twitter. The govt putting people in jail over 1st Amdt activity.

[gnbrotz]

Seems like a different topic

Agreed. In the other thread, ATF is requiring that dealers prove they are operating "for profit" in order to obtain and keep their license.

In this thread, private individuals will have to show they are NOT operating "for profit" to not run afoul of licensing and background checks.

Together, this allows the ATF to fuck with anyone involved in any firearm transaction. There will be many attempts to revoke licenses if established business are deemed to be not profitable enough, while at the same time, individuals will be prosecuted for NOT having a license if their sale of a single firearm is deemed "profitable".

This is not accidental.

[steve_010]

Legality of the ATF doing this aside, how would you locate buyers? If you sell at a flea market, every buyer could be an informant.
If you post ads on the Internet, same thing.
If you sell to your friends, and friends-of-friends, how do you know they didn't get arrested and are now looking for other people to trade for leniency?
This is also why the govt doesn't actually NEED universal registration to catch bad guys who sell to gang members; you can't sell to the market without people in that market knowing that you're selling, and Feds are everywhere.

If they imposed universal background checks, they wouldn't need registration to enforce it, they could troll for private sellers willing to ignore the check, like they find drug dealers by sending out informants with money to make buys.

Universal registration only has one reason, and it's not to catch crimes or keep guns out of the hands of murderers. It's so the govt knows where most of the guns are, and nobody feels confident that they can ignore a mandatory "buyback" and just bury the guns somewhere wrapped in plastic. It's laying the groundwork for unilaterally disarming the People, so they have to trust the govt not to abuse its power. The same govt currently abusing its power by targeting Trump, Trump supporters, and now Elon Musk in a coordinated attack on Tesla, SpaceX and Twitter. The govt putting people in jail over 1st Amdt activity.

If there's any populace that's resourceful it's the gun nuts (think FRT's, bump stocks, pistol braces, etc.) I don't really know but by first thought maybe your PSA Dagger in the classifieds is free with purchase of a $300 box of anmo.