ATF redefining who's a dealer

[Doco Overboard]

"Selling All Kinds."

Sounds like he was "Engaged in the Business" without an FFL.

No ATF agent was hiding in his buggy waiting for him to sell one firearm.

He was just exercising his right to buy and sell. Hundreds, maybe or even more.
I think the agents were hiding in his milking parlor or silage wagon.
Or really just bought a few guns and didn’t like what he was doing and now this.

 

[Chauchat]

The two rules were posted on Lexington-Concord Day (April 19th) so the clock has started. There is a 30 day comment period. Tell them how they are committing actual fraud and sedition against the Declaration and Constitution if they try to enforce the Acts outside of their jurisdiction. Or not. It's up to you.

Federal Register :: Request Access

 

[lazarus]

"Selling All Kinds."

Sounds like he was "Engaged in the Business" without an FFL.

No ATF agent was hiding in his buggy waiting for him to sell one firearm.

This.

For the scare, it gets eyeballs and earballs. Which is how youtube channels make money.

Fear sells. So far I haven't heard the reality of the ATF actually going after joe blow selling a gun. Or even joe blow selling a few guns from their personal collection.

The ATF has had a hard time getting charges to stick on guys who are straight up buying guns and turning them around to sell them for a profit.

"in the business". Because it was hard to prove that it was a business, as opposed to a HOBBY, that happened to be making the person money on the side. The intent of the GCA was to stop people who weren't simply selling their personal guns, but doing it to make money, from not registering as an FFL. And then later, conducting background checks.

The vast majority of the people doing it, know better. The few people who are doing it who don't know better, well, I'll admit there are some real stupid people in the world too who also manage to tie their shoes and put their pants on.

Because you can argue a hobby, even if you are turning a profit. Heck, you can even report the income and consider it a hobby. I can go out there right now and make some side cash doing stuff and file a 1040se without ever registering as a business, so long as I stay away from doing certain things. Now, I am not protected by various laws like I would be if I were to register an LLC, S corp, etc. and operated under them.

But for the ATF, it is difficult to prove in court, what is "in the business of". What if you have a primary source of income that isn't selling guns and you are just doing it as a side gig? Etc. It is that stuff the ATF is working to crack down on.

Again, once I start hearing about the ATF going after guys selling a gun, or even a few guns, from their collection. Or going after guys selling stuff and transferring through FFLs, then I'll get worried and go find my pearls to clutch.

 

[Squaregrouper]

I believe the guys on Gunbroker with 800 positive ratings and no FFL are the ones they are targeting.
The problem is, the way it is written, they could go after me for selling a bunch of guns this year due to a very expensive surgery and being out of work for close to four months. Will they? Most likely not. Can they????
This is the feds doing Maryland style laws- make it really vague and we'll know it when we see it.

 

[Coehorn]

Those 800 Gunbroker guns are being shipped to FFL dealers. Who then conduct background checks before transferring the guns to the end users. At no time did the seller sell/give/transfer a gun to anyone without conducting a background check.

If an 03FFL seller sells to another 03FFL buyer than everything is kosher from the jump. If a non-03 sells a gun to an 03FFL buyer than everything is kosher as well. Because in both cases a background check is not required by law. Because the federal government/ATF already conducted that background check prior to issuing the 03FFL.

If anyone sells an antique to anyone, the government/ATF deems that kosher too. As antiques are not deemed firearms. Therefore a background check is not required. These sales can be conducted anywhere and everywhere. Gunbroker, gun shows, etc. I'd include transferring guns at trash cans near schools, but that's reserved for Hunter M&M Biden.

Everything I just typed is lost on 95% of the American public. Who thinks and believes that there is some on-line/gun show firehose spraying guns all over this country without background checks being conducted. It's how "Gun Show Loophole" laws like this get sold in this country. Because of an ignorant population.