The final rule was signed April 10, meaning it was to be added to the Federal Register. It goes into effect 30 days from publication.
Attorney General Merrick Garland declared, “Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, you must conduct background checks.”
But specific quantities are not provided, and profit is a vague term with the fluctuating prices of products.
This means private sellers must now pay close attention to the market, and those who enjoy collecting historical treasures must be alert to varying values.
Deputy Attorney General Lisa Monaco attempted — without success — to add clarity to the final rule.
“The Bipartisan Safer Communities Act enhanced background checks and closed loopholes, including by redefining when a person is ‘engaged in the business’ of dealing in firearms. Today’s rule clarifying application of that definition will save lives by requiring all those in the business of selling guns to get a federal license and run background checks — thus keeping guns out of the hands of violent criminals.”
ATF Director Steven Dettelbach claimed there exists a “large and growing black market of guns being sold by people who are in the business of dealing and are doing it without a license.”
While there may be validity to this point, does the ATF or DOJ believe that true black market gun runners are suddenly going to race to acquire their FFLs and conduct background checks?
Of course not.
As usual, misguided gun control laws will do nothing more than bring the federal hammer down on law-abiding citizens.
Dettelbach added, “Today’s final rule is about ensuring compliance with an important area of the existing law where we all know, the data show, and we can clearly see that a whole group of folks are openly flouting the law. That leads to not just unfair but, in this case, dangerous consequences.”
2022’s so-called Bipartisan Safer Communities Act stretched the established definition of a firearms dealer. Then, on March 14, 2023, President Joe Biden (D) issued an executive order mandating that the DOJ under Attorney General Garland clarify further the definition of a firearms dealer.
The final rule lauds the work of FFLs even as they are under attack from the ATF. After paying lip service to these lawful dealers, it targets “unlicensed dealing.”
This, it claims, is a deterrent to public safety.
The federal missive added a clarification of “personal firearms collection.” It purported this was done “to ensure that genuine hobbyists and collectors may enhance or liquidate their collections without fear of violating the law.”
Despite careful wording and expressed intentions, it is increasingly clear that the ATF is on the warpath against FFLs and prefers to close as many as possible.
Far from taking an advisory role as a regulatory body covering a constitutionally protected industry, the agency frequently displays outright antagonism against those engaged in the weapons business.
There is nothing in this final rule to indicate a change of direction. It must be approached with caution, and those who casually engage in dealing firearms must study the new regulations carefully.
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