Posted on 09/02/2023 6:25:42 PM PDT by 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."
(Excerpt) Read more at abcnews.go.com ...
Pretty clear they make their own laws now.
Won’tmget any pushback from K-K-Kevin McWhatever.
The only criminals here are the ATF and the Biden administration who are involved 24/7 in perverting the law and engaging in a conspiracy to violate my rights. The officials involved should be arrested and any lawyers who concocted this scheme disbarred.
Stephen Crowder did a hilarious segment on “The Gun Show Loophole” a few years ago. It clearly doesn’t exist. In fact, Crowder was escorted from one of the gun shops. The ATF needs to be abolished.
Navy Patriot proposes rule to close ATF
Navy Patriot proposes rule to close ATF
An old Senior Chief AT seconds Navy Patriot's motion. The motion passes!
I’m not kidding.
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.
When I tell people that Senators matter because they are the ones required to confirm Trump judges, or prevent stacking the courts. What I often hear back from Conservative Crybabies is: “But he’s a RINO so I’M NOT VOTING FOR HIM!!! I’d rather have a Democrat than a RINO!!”
We’ll soon find out if, despite the best efforts of Conservative ‘Purists’, Trump still managed to get enough friendly judges to stop this crap.
The Biden administration is going from a fairly specific definition to one that includes most people who are going to sell a gun.
There isn’t a criminal or gang member that gives a damn.
THEY steal what they want
They are just another government alphabet agency that believes they can make law.
The Supreme Court made it clear that agencies may not issue regulations in place of laws that aren’t passed.
Therefore, just as blue states followed Bruen by doing exactly what the SC said they can’t do, and saying “so stop us” ... here we have the ATF doing exactly what the SC said they can’t do and daring anyone to stop them.
FWIW
“The U.S. Supreme Court on April 14, 2023, issued a unanimous opinion holding that federal district courts can consider constitutional challenges to administrative proceedings before such agencies issue final rulings. In Axon v. FTC (consolidated with Cochran v. SEC), the Court held that the statutory review schemes for the Securities and Exchange Commission (SEC) and Federal Trade Commission (FTC) do not displace a district court’s federal-question jurisdiction over claims challenging the constitutionality of the agency’s in-house administrative proceedings.”
So theoretically someone *could* stand up and, if they have a tenth the savvy of the left, file a case in a court where a decent judge prevails and pop, injunction against pre-final rule before it hurts us.
(Don’t look for the GOP to step in here. Maybe GOA.)
The proposed rule reinforces and makes clear that there is no gun show loophole...
Never was
If I’m going to sell any firearms. Why get an FFL. Just pay an existing FFL the fee to complete the transfer.
I really don’t see a gang arms supplier following any law at all in order to out fit the gang members
I’d make my tagline into “Abolish the ATF,” except I think it is important people don’t forget about Ashli Babbit.
Wat loop hol?
It’s not a “loophole,” and FFL license holders still have to keep accurate records of each transaction.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.