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ATF Attempt Radical Change of Definitions for “Personal Collection”
AmmoLand ^ | September 6, 2023 | Dean Weingarten

Posted on 09/08/2023 7:51:34 AM PDT by marktwain

Some of the most radical changes proposed in the new ATF rule are to completely redefine “personal collection,” “personal collection of firearms,” “personal firearms collection,” and “hobby.”  Three of the long-term exceptions to “engaged in the business” have been:

a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;

Personal collection of firearms has long meant “the firearms owned by a person.”

None of the wording of those exceptions was changed by the Bipartisan Safer Communities Act or BSCA, which went into effect on June 25, 2022. The ATF is using BSCA to justify its power grab with the new rule. Here is the current definition of “engaged in the business.” From the Legal Information Institute:

(C) as applied to a dealer in firearms as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.

This has been a safety valve to prevent the ATF from saying anyone who sells a few firearms here, and there is a “dealer in firearms”. ATF has never been willing to say how many firearms constitute “occasional sales, exchanges, or purchases.” They like to be able to interpret the definition differently in different circumstances.  To emphasize: the wording of these three exceptions has not been changed by the BSCA.

(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: atf; banglist; gunsales; policestate; private; tyranny
The Congress did not change any of the wording in the exceptions to the definition of "Dealer". The Biden administration is attempting to completely re-write the law, so as to eliminate nearly all private sales of firearms.
1 posted on 09/08/2023 7:51:34 AM PDT by marktwain
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To: marktwain

“The Biden administration is attempting to completely re-write the law, so as to eliminate nearly all private sales of firearms.”

That would bother me except that my Senator is a RINO, and that’s why I see we’d be better off with a Democrat in that seat.

(don’t laugh, that attitude by enough Conservatives already cost us control of the US Senate)


2 posted on 09/08/2023 8:00:12 AM PDT by BobL (I eat at McDonald's and shop at Walmart, I just don't tell anyone)
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To: marktwain

Folks want to get rid of the FBI. Absolutely fantastic idea. Especially after I watched the video of them taking Nathan Hughes into custody. But where do the out-of-work feds go? To another agency? Where they can spread their toxic aversion to the rule of law, the Constitution, and their willingness to blindly follow BS orders like a camp guard? As if the ATF, Capitol Police and the rest aren’t as bad.

You get rid of any of those agencies and the folks that “used” to be a part of them are out of law enforcement forever.

https://www.bizpacreview.com/2023/09/08/handsy-fbi-agents-behavior-during-arrest-of-jan-6-suspect-has-americans-horrified-1394142/

**** Footnote...for any on here that might want to spout off, ‘officer safety’, you don’t know what it’s like, he could have been armed, they need to go home safely to their families, or some other nonsense, I used to do that kind of work when I was in law enforcement. Been there, done that. A simple phone call can work wonders in some cases, which I’ve used, even when going after murder suspects.

Additionally, it seemed like all but one of the feds had rifles. Rifles hinder apprehension, going ‘hands on’ and putting cuffs on folks. But college kids who get badges like ‘big boy’ guns so they’ll take them out as often as they can.


3 posted on 09/08/2023 8:02:02 AM PDT by qaz123
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To: PROCON

Ping.


4 posted on 09/08/2023 8:03:14 AM PDT by Joe Brower ("Might we not live in a nobler dream than this?" -- John Ruskin)
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To: marktwain

Lots of people have personal collections.


5 posted on 09/08/2023 8:06:36 AM PDT by caver
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To: caver

The accepted definition of “a collection of personal firearms” has been, those firearms owned by a person, vs firearms in commercial stock or owned by a corporation or LLC.


6 posted on 09/08/2023 8:27:01 AM PDT by marktwain
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To: marktwain; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

7 posted on 09/08/2023 9:23:58 AM PDT by PROCON (Sic Semper Tyrannis)
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To: marktwain

People commonly buy, sell and trade firearms as part of a personal collection. Some might even consider them an investment. If you were to try and liquidate your collection yourself instead of going through a dealer or auction, they may accuse you of being an arms dealer.


8 posted on 09/08/2023 9:39:03 AM PDT by smokingfrog ( sleep with one eye open (<o> --- )
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To: marktwain

I am not sure that the FBI or BATFE care about the wording of Congressional laws or judicial rulings anymore. I agree that the Brandon administration would like to eliminate private firearms sales. They will need to have registration before they can do that. In the meantime SWAT raids on people they don’t like may become more common.


9 posted on 09/08/2023 9:39:12 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: marktwain

They can’t get Congress to change the law so they will just do it by fiat.


10 posted on 09/08/2023 10:21:35 AM PDT by Blood of Tyrants ( "It is easier to fool people than to convince them they have been fooled."- Mark Twain)
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To: Blood of Tyrants

Rule by decree is the only way to “save our democracy”.


11 posted on 09/08/2023 10:32:58 AM PDT by Chad C. Mulligan
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To: marktwain

My definition of ENEMY hasn’t changed in 40+ years. The only difference is that the list is a bit bigger and far more inclusive and diverse now.


12 posted on 09/08/2023 10:49:26 AM PDT by OHPatriot (Si vis pacem, para bellum)
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To: marktwain

If you don’t use something of value to earn your living they can’t do this without help from the IRS. Besides, agencies can only recommend rules per SCOTUS.


13 posted on 09/08/2023 10:54:52 AM PDT by Jumper
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To: marktwain

What was the “attempt to radically change the definitions”?

Article says verbiage didn’t change ..


14 posted on 09/08/2023 10:57:40 AM PDT by WildHighlander57 ((the more you tighten your grip, the more star systems will slip through your fingers.) )
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To: WildHighlander57
The changes are in the ATF's proposed rule. The statute did not change the exceptions, but ATF, in a proposed rule, collapses the exceptions from being defined as a dealer, for for sale of personally owned firearms, into a radically changed definition.

The changed definition excludes occasional firearms sales or exchanges to obtain money, sales of firearms owned for defensive purposes, or firearms sold "for a hobby".

It is all explained in the full article.

15 posted on 09/08/2023 11:13:59 AM PDT by marktwain
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To: marktwain

Our communist masters will make the changes...
Nothing & no one will stop them...
What else is new?


16 posted on 09/08/2023 11:33:58 AM PDT by SuperLuminal (Where is the next Sam Adams when we so desperately need him)
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To: marktwain

17 posted on 09/08/2023 3:38:25 PM PDT by Farcesensitive (K is coming)
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