GOA Action Alert 11/20/23

[RoadRunner]

​ Friend,​ Let’s say you want to sell one of your firearms.​ Maybe you’re selling it to a friend or a family member, looking to clear some space in your collection, or you just need some extra cash.​ Under the ATF’s latest gun control rule, you would face up to 5 years in jail and a $250,000 fine if you sell that firearm and the ATF determines you made a “profit.”​ After all, ATF’s rule suggests that “even a single firearm transaction, or offer to engage in a transaction, when combined with other evidence, may be sufficient to require a license.”​ So to legally sell your firearm, the ATF’s new rule could require you to become a federally licensed firearms dealer (FFL). Here’s what that means…​ First, you would have to register with the federal government and submit your photo along with your fingerprints.​ Next, you’d need to notify your local police chief and ensure you comply with local zoning restrictions (which may prove impossible).​ You’d need to get approved for your may-issue license, maintain regular business hours, and pay $90-$3,000 in licensing fees every three years.​ For every single firearm you sold, you would need to complete a background check by filling out a Firearm Transaction Record (Form 4473) and calling the FBI or state police.​ Ultimately, you would have to turn those firearm transaction records over to the ATF for storage in their illegal nation gun registry.​ You’d also have to keep a full registry of all your firearms, open your home to warrantless ATF inspections WITHOUT ANY NOTICE, as often as once a year!​ Even if you do your best to comply with all these ridiculous demands, it is currently the ATF policy to REVOKE your license the second you make a single mistake.​ Make a minor paperwork error in your registration records? Fail to let the ATF inspect those records? Don’t answer ATF phone calls about gun records within 24 hours?​ ***POOF: Your license is GONE. ***​ This rule wasn’t designed to be followed, Friend.​ It was designed to make it as difficult as possible for Americans to exercise their Second Amendment rights while granting the ATF complete control over firearm sales.​ Our best shot at stopping this rule is to bombard the ATF with comments opposing the rule during the public review period – which is why I’m reaching out to you yet again to make sure you’ve submitted a comment.​ Please submit a comment to the ATF to tell them that your firearm sales and purchases are NONE OF THEIR BUSINESS (if you haven’t done so already).​ SUBMIT A COMMENT >>​ In Liberty,​ Aidan Johnston Director of Federal Affairs Gun Owners of America​ ​

 

[Polkwright]

I don't know, after reading it I don't see how they come up with that. It's true that there's no minimum threshold, but that doesn't mean just one transaction will do it. It's just not defined in those terms. There's a lot in this link that adds tons of context to what they are doing. The GOA seems to be taking that one criteria, a single sale, out of context.

from: https://www.regulations.gov/document/ATF-2023-0002-0001

"Rather than establishing a minimum threshold number of firearms purchased or sold, this rule proposes to clarify that, absent reliable evidence to the contrary, a person will be presumed to be engaged in the business of dealing in firearms when the person:

(1) sells or offers for sale firearms, and also represents to potential buyers or otherwise demonstrates a willingness and ability to purchase and sell additional firearms;  (63)

(2) spends more money or its equivalent on purchases of firearms for the purpose of resale than the person's reported taxable gross inome during the applicable period of time;  (64)

(3) repetitively purchases for the purpose of resale, or sells or offers for sale firearms—

(A) through straw or sham businesses, (65) or individual straw purchasers or sellers;  (66) or

(B) that cannot lawfully be purchased or possessed, including:

(i) stolen firearms (18 U.S.C. 922(j));  (67)

(ii) firearms with the licensee's serial number removed, obliterated, or altered (18 U.S.C. 922(k); 26 U.S.C. 5861(i));  (68)

(iii) firearms imported in violation of law (18 U.S.C. 922(l), 22 U.S.C. 2778, or 26 U.S.C. 5844, 5861(k)); or

(iv) machineguns or other weapons defined as firearms under 26 U.S.C. 5845(a) that were not properly registered in the National Firearms Registration and Transfer Record (18 U.S.C. 922(o); 26 U.S.C. 5861(d));  (69)

(4) repetitively sells or offers for sale firearms—

(A) within 30 days after they were purchased;  (70)

(B) that are new, or like new in their original packaging;  (71) or

(C) that are of the same or similar kind ( i.e., make/manufacturer, model, caliber/gauge, and action) and type ( i.e., the classification of a firearm as a rifle, shotgun, revolver, pistol, frame, receiver, machinegun, silencer, destructive device, or other firearm);  (72)

(5) who, as a former licensee (or responsible person acting on behalf of the former licensee) sells or offers for sale firearms that were in the business inventory of such licensee at the time the license was terminated ( i.e., license revocation, denial of license renewal, license expiration, or surrender of license), and were not transferred to a personal collection in accordance with 18 U.S.C. 923(c) and 27 CFR 478.125a; or

(6) who, as a former licensee (or responsible person acting on behalf of a former licensee) sells or offers for sale firearms that were transferred to a personal collection of such former licensee or responsible person prior to the time the license was terminated, unless: (A) the firearms were received and transferred without any intent to willfully evade the restrictions placed on licensees by chapter 44, title 18, of the United States Code; and (B) one year has passed from the date of transfer to the personal collection."

 

[RoadRunner]

I don't know, after reading it I don't see how they come up with that. It's true that there's no minimum threshold, but that doesn't mean just one transaction will do it. It's just not defined in those terms. There's a lot in this link that adds tons of context to what they are doing. The GOA seems to be taking that one criteria, a single sale, out of context.

from: https://www.regulations.gov/document/ATF-2023-0002-0001

"Rather than establishing a minimum threshold number of firearms purchased or sold, this rule proposes to clarify that, absent reliable evidence to the contrary, a person will be presumed to be engaged in the business of dealing in firearms when the person:

(1) sells or offers for sale firearms, and also represents to potential buyers or otherwise demonstrates a willingness and ability to purchase and sell additional firearms;  (63)

(2) spends more money or its equivalent on purchases of firearms for the purpose of resale than the person's reported taxable gross inome during the applicable period of time;  (64)

(3) repetitively purchases for the purpose of resale, or sells or offers for sale firearms—

(A) through straw or sham businesses, (65) or individual straw purchasers or sellers;  (66) or

(B) that cannot lawfully be purchased or possessed, including:

(i) stolen firearms (18 U.S.C. 922(j));  (67)

(ii) firearms with the licensee's serial number removed, obliterated, or altered (18 U.S.C. 922(k); 26 U.S.C. 5861(i));  (68)

(iii) firearms imported in violation of law (18 U.S.C. 922(l), 22 U.S.C. 2778, or 26 U.S.C. 5844, 5861(k)); or

(iv) machineguns or other weapons defined as firearms under 26 U.S.C. 5845(a) that were not properly registered in the National Firearms Registration and Transfer Record (18 U.S.C. 922(o); 26 U.S.C. 5861(d));  (69)

(4) repetitively sells or offers for sale firearms—

(A) within 30 days after they were purchased;  (70)

(B) that are new, or like new in their original packaging;  (71) or

(C) that are of the same or similar kind ( i.e., make/manufacturer, model, caliber/gauge, and action) and type ( i.e., the classification of a firearm as a rifle, shotgun, revolver, pistol, frame, receiver, machinegun, silencer, destructive device, or other firearm);  (72)

(5) who, as a former licensee (or responsible person acting on behalf of the former licensee) sells or offers for sale firearms that were in the business inventory of such licensee at the time the license was terminated ( i.e., license revocation, denial of license renewal, license expiration, or surrender of license), and were not transferred to a personal collection in accordance with 18 U.S.C. 923(c) and 27 CFR 478.125a; or

(6) who, as a former licensee (or responsible person acting on behalf of a former licensee) sells or offers for sale firearms that were transferred to a personal collection of such former licensee or responsible person prior to the time the license was terminated, unless: (A) the firearms were received and transferred without any intent to willfully evade the restrictions placed on licensees by chapter 44, title 18, of the United States Code; and (B) one year has passed from the date of transfer to the personal collection."

 

[Gato Vato]

I swear it seems like the ATF recruits from not the bottom of the barrel but the soggy ground below it that is saturated with failure that makes the bottom of the barrel look like top shelf.

 

[Lonesome Dove]

Not worth the read I gave up after thre paragraphs.

 

[jimbo]

I'm safe I guess. I don't think i have ever sold a gun and made a profit.