ATF proposes rule to close 'gun show loophole'

ABC News ^ | September 1, 2023 | Luke Barr

[Twotone]

A new proposed rule by the Bureau of Alcohol, Tobacco, Firearms and Explosives would increase what is required to obtain a federal firearms license (FFL) for gun sellers across the country -- an attempt to end what gun control advocates term "the gun show loophole."

Justice Department officials told reporters that prior to the Bipartisan Safer Communities Act, which was signed into law last June, those "engaged in the business" of a firearms dealer were defined broadly. The definition that ATF is proposing is more specific in an effort to better regulate the market in accordance with the new federal law.

"The prior definition before that, [before] the BSCA was implemented and signed by the president, focused on when a person earns their livelihood from dealing in firearms," a senior DOJ official said on the call with reporters. "The revised, new definition covers anyone devotes time, attention and labor to dealing with firearms as a regular course of trade or business to predominantly earn a profit. So, the rulemaking is focused on that new terminology to predominantly earn a profit."

"The proposed rule would amend the ATF regulations to clarify that firearm dealing that requires a license and conduct conducting a background check does not solely occur in brick-and-mortar stores," a senior DOJ official said. "It also encompasses dealing at gun shows flea markets mail order and over the internet. The proposed rule reinforces and makes clear that there is no gun show loophole, there is no internet loophole recognized under federal law. Instead, a gun dealer must obtain a license and run background checks, no matter what menu that person engages in this."

[Texas Fossil]

Yes.

Evil is Ugly.

Ending Evil is hard.

[threefinger]

The new rule violates the 1st, 5th & 14th Amendment.

The 1st because nothing happens at gun shows that can’t also happen in the parking lot of the Piggly-Wiggly exactly as legally. There are no special rules or loopholes in the rules that apply to gunshows so the new rule is nothing more than an infringement on the Right (of gun owners) to Peaceably Assemble at events designated as “gun shows.”

And the 5th and 14th because they protect Due Process. The government MAY NOT interfere with your ownership of private property (which includes your right to dispense of said property, to include selling or trading it for profit) without 1) Due Process and 2) providing “just compensation.” The government cannot may not by executive fiat create a blanket rule impinging on the right to sell one specific form of private property.

This will not stand constitutional muster.