So does this new rule mean the end of private sales without being an FFL?
No
So does this new rule mean the end of private sales without being an FFL?
What would lead you to believe that they would abide by that law, if it existed?I would vote for universal background checks if it had a provision to make it illegal for the government at any level to assemble lists of gun owners and/or a list of the weapons they own.
Unless I am mistaken, there are already some laws in place that (in theory) prohibit gun registries. To be more specific, I think (but am not entirely certain) that the BATFE is prohibited from creating a gun registry. Nonetheless, I believe that I've read (on the internet, so take it for what it's worth) that the BATFE is busy scanning millions of pages of bound book that have been surrendered over the years. In the age of optical character recognition software, I have no doubt whatsoever that the scanned pages will be turned into a registry.... I am pro universal background checks.
I am against gun registration.
I would vote for universal background checks if it had a provision to make it illegal for the government at any level to assemble lists of gun owners and/or a list of the weapons they own....
That’s good, but I’m not really seeing the delineation from what is required to be an FFL. I thought at first it was five firearms per year according to their new ruling in order to be considered “in the business”. The only exception I now see, that is actually clear and not poorly written is that if one sells to a family member. All the rest seems kind of ambiguous. Ami I missing something?
Ami I missing something?
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.
The new rule says you can't advertise or promote a gun, and you can't use a temporary or permanent place to display guns for sale. So it doesn't end private sales, but I don't know how anyone is supposed to know you have a gun for sale if you don't put out a table at a gun show, post the gun for sale online, or put a note on theh bulletin board at the range. You're not allowed to market the gun in any way.That’s good, but I’m not really seeing the delineation from what is required to be an FFL. I thought at first it was five firearms per year according to their new ruling in order to be considered “in the business”. The only exception I now see, that is actually clear and not poorly written is that if one sells to a family member. All the rest seems kind of ambiguous. Ami I missing something?
The new rule says you can't advertise or promote a gun, and you can't use a temporary or permanent place to display guns for sale
Please show where that is in - https://www.atf.gov/rules-and-regul...prm-engaged-business-dealer-firearms/download
(b) The intent to predominantly earn a profit is a fact-specific inquiry. A person shall be presumed to have the intent to predominantly earn a profit from the sale or
disposition of firearms in civil and administrative proceedings, absent reliable evidence to the contrary, when the person—
(1) Advertises, markets, or otherwise promotes a firearms business (e.g., advertises or posts firearms for sale, including on any website, establishes a website for
offering their firearms for sale, makes available business cards, or tags firearms withsales prices), regardless of whether the person incurs expenses or only promotes the business informally;
(2) Purchases, rents, or otherwise secures or sets aside permanent or temporary physical space to display or store firearms they offer for sale, including part or all of a business premises, table or space at a gun show, or display case;
NJ, through the purchase permit system, has registered every handgun sold since 1966. So far, they have not registered long arms. However, anyone moving into NJ is required to register ALL the firearms they currently possess. How long do you think it will take them to include long arm sales in their registry?NYS already has a registry. They list all your handguns on your permits. Don't know about other states. Interesting to see what states do that. If you fear that a registry leads to confiscation and midnight raids from the government - your permit will be enough reason to do that. Doesn't Heller void the possibility of any mandated confiscation anyway?
That’s one area where public comment can make a real difference. One comment I plan to make is regarding private sales at gun shows. Assuming I don’t die suddenly there will be a time in the future where I will need to sell a bunch of guns before I die to save my wife the trouble. The most efficient way for me to do that will be to set up a table at a gun show and liquidate my collection. Liquidating one’s collection of personal firearms is now expressly used as an example of an allowable private sale.The new rule says you can't advertise or promote a gun, and you can't use a temporary or permanent place to display guns for sale. So it doesn't end private sales, but I don't know how anyone is supposed to know you have a gun for sale if you don't put out a table at a gun show, post the gun for sale online, or put a note on theh bulletin board at the range. You're not allowed to market the gun in any way.
I guess you can still sell to your brother or neighbor, but they have to come to you and ask if you have something for sale.
Maybe that's not the way the rule will be enforced, but that's the way it's written.
Never, in the fifteen years I've been an FFL, have I submitted a buyers address for an FBI NICS check.That's not a UBC, that's a 'universal' NICS check, something presently restricted to Federally-licensed dealers (as they can be said to be engaged in interstate commerce).
The Feebs keep telling us that the NICS system is running "beyond capacity" (because we plebes keep buying arms). That's very much the reason they want POC States to "do their own work" and not tax the NICS, themselves--it reduced the NICS workload.
For security and similar clearances. Takes about six to eight weeks to be done to an average level of completeness. And needs 6-8 employees, typically Federal, and that's per investigation.
What NICS actually is, is a list of Prohibited persons, and their recorded 'permanent' address (when they became Prohibited).
So, an entry looks like: "Person, Very Bad, of 123 Not My Street, Perdition, NIMBY County, East Virginia."
A NICS Query applies your Name, and your Address, and looks for a matching NICS entry.
Federal law prohibits FBI NICS from keeping any record of "proceeds" beyond the close of the NICS business day (Midnight Central time)The idea is to avoid an owner registry as well, something that isn't possible with UBC's.
And I get that I may be reading a lot into that rule, but we're talking about an organization that can read into a rule and determine that a loop of string or a design printed onto a piece of metal is a machine gun.
public comment can make a real difference
True.Correct. Problem is, that does require that the government, including every person working within it (or at least every person that has anything to do with firearms laws, either legislating or enforcement), is currently and will remain, for all time, completely trustworthy. Do you completely and totally trust the US government and everyone working in it?
The Brady Law didn't take effect until 1994..*Note, NICS was implemented in the 80s
Yet it doesn't.Elkins45 said:
public comment can make a real difference
Yet it doesn't.
Federal agencies, especially ATF, routinely ignores public comment.
Yet while seemingly laughable, those determinations are pretty accurate because of the way Congress wrote the law. We laugh at "shoestring", but if that can make a firearm fire more than one round per function of the trigger it meets the definition of MG in federal law.And I get that I may be reading a lot into that rule, but we're talking about an organization that can read into a rule and determine that a loop of string or a design printed onto a piece of metal is a machine gun.
Correct, they are talking about private sales, which they would love to stopThere is no gun show loophole. This is just one more attempt to get UBCs. I'm fairly sure one or more of the pro-2A groups will challenge it in court.