Such is the case with the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) new final rule concerning the definition of a firearms “dealer.”
The National Rifle Association (NRA) warned its millions of members that this shifting definition may criminalize law-abiding gun owners who casually buy and sell firearms among friends. There is a danger of being swept up in the federal government’s obvious attempt to establish universal background checks for even private transactions.
The basis for the bureaucratic switch is 2022’s poorly named Bipartisan Safer Communities Act (BSCA). The law made a subtle change in the definition of a firearms dealer that apparently opened the floodgates for new and insidious regulations.
Though never wholly clear, the previous rule established a standard for those who needed to be a federal firearms licensee (FFL).
This individual must be engaged in “a course of trade or business” that resulted in the “repetitive” purchasing and selling of weapons with the “principal objective” of “livelihood and profit.”
In short, the gun business must be their way of making a living, or at least a substantial part of that effort.
But the BSCA subtly removed “livelihood” from the definition, leaving only “profit.”
Supporters of this new gun control mandate claimed it only codified what was already established by the courts. Nothing to worry about.
But the NRA cautioned that there was too much power and discretion placed in the hands of federal authorities. The Second Amendment advocacy organization further warned that there was far too much leeway in defining “profit” that could be abused by an administration that obviously opposed gun rights.
There is an obvious goal by many in Washington to outright ban private gun transactions. The BSCA and new ATF final rule present a major step in that direction.
The purpose of the new mandate is to funnel all weapons transactions through the government and create a paper trail for these firearms. It does not take a great leap of imagination to see where this logically heads.
If or when the day comes that universal registration or even confiscation takes place, there will be clear records detailing who owns what.
The requirement for gun dealers to be registered with the federal government as an FFL has existed for many decades. Now, however, this ambiguous and sweeping change will drag thousands of law-abiding gun owners under this umbrella.
Penalties for broaching this new rule are harsh, as violations are felonies.
And these bureaucrats are not fools. They knew well that if the provisions outlining who a “gun dealer” were vague enough, virtually anyone could fall under this definition. This would go far toward dissuading private gun sales, but only for those who faithfully abide by the law.
Studies make it clear that criminals do not submit to background checks when acquiring firearms. Whether through the black market or with straw purchases, they avoid having their names “on paper” when making these transactions.
No, it’s the good people at gun shows who represent the sporting community who are swept up by the ATF’s new rule. It’s the hobbyist and the collector who buys and sells much as any hobbyist and collector does in any area of interest.
The violent criminals who should be targeted by lawmakers are ignored while the person who casually conducts transactions with friends are now regulated.
It bears scrutiny going forward to determine exactly how the ATF utilizes its new power. And it does not take much of a leap to envision the agency targeting private gun sellers who are now deemed firearms dealers and may not even realize it.
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