The new Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule will take effect 30 days after being posted in the National Register.
The controversial action was taken under the so-called Bipartisan Safer Communities Act, which became law in 2022. It purposefully changes the language describing who must become a licensed federal firearms dealer, greatly expanding the power and scope of the ATF.
Targeting the so-called “gun show loophole,” the action by the Biden administration is aimed at thousands of law-abiding Americans who sell weapons at these events and others away from brick-and-mortar gun shops.
The White House released a statement on the scheme. “This is going to keep guns out of the hands of domestic abusers and felons. And my administration is going to continue to do everything we possibly can to save lives.”
The missive added, “Congress needs to finish the job and pass universal background checks legislation now.”
Attorney General Merrick Garland added detail to the statement, declaring that a person who sells a weapon for predominantly for profit will now be required to be registered with the federal government and conduct background checks.
But who fits into this new category?
According to the new regulation, Washington is not required to demonstrate that the person selling the firearm intended to make a profit. Instead, the burden of proof lands on the seller, who is already presumed to be in the gun business and as such is an unlicensed dealer.
There is a legal presumption of innocence in U.S. criminal proceedings, so this principle only applies in civil and administrative cases.
This new rule opens a wide array of people who will now be classified as unlicensed firearms dealers. If a weapon for sale is advertised online or marked with a sign, the owner could now be a dealer. It is common practice to sell unwanted firearms at gun shows, but now that transaction means the seller is immediately an unlicensed dealer.
And the rule specified that users of websites that deal with weapons transactions are also dealers.
A bizarre section of the rule designates a person who sells a firearm for more than their income as an unlicensed dealer. If a person loses their job and is unemployed for a period of weeks, they would be unable to sell firearms to feed their family unless they obtain an FFL.
And from the ranks of the truly indefensible, a person does not have to sell a weapon to feel the wrath of the ATF. Home-based FFLs must now label firearms that are part of a personal collection as “not for sale.”
The dealer is in violation even if the weapon is not sold. Its mere presence is sufficient for consequences to rain down from the federal government.
But ATF Director Steve Dettebach released a statement downplaying the draconian effects of the new regulation. “This final rule does not infringe on anyone’s Second Amendment rights, and it will not negatively impact the many law-abiding licensed firearms dealers in our nation. They are already playing by the rules.”
But it will unnecessarily add tens of thousands of law-abiding citizens who simply seek to sell a personal possession to their ranks.
Lawsuits from gun rights organizations are certainly in the works, and Congress is already taking steps to block the ATF rule. There is a push to introduce a joint resolution of disapproval under the Congressional Review Act.
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