New Ruling
The Justice Department has announced it has submitted to the Federal Register, the “Engaged in the Business” final rule which takes effect 20 May 2024. This rule makes clear the circumstances in which a person is “engaged in the business” of dealing in firearms and thus required to obtain a Federal Firearms License, to increase compliance with the Federal background check requirement for firearms sales by Federal Firearms Licensees.
What Does This Mean?
Under this definition, it will not matter if guns are sold on the internet, at a gun show or at a brick-and-mortar store: if you sell a firearm to earn a profit, you must be licensed, and you must conduct background checks. THIS RULING COULD POTENTIALLY ALSO MAKE A FELON OUT OF A GUN HOBBYIST WHO SELLS TO ANOTHER FAMILY MEMBER OR A HUNTER WHO TRADES A FIREARM WITH A HUNTING BUDDY.
This rule seeks to require a Federal Firearms License for anybody who sells a firearm for anything the ATF sees as a profit, including currency exchange, or for another firearm, or a service. This includes raffles. Until now, those individuals who repetitively purchased and sold firearms as a regular course of business had to become a licensee. This rule would put innocent firearms sales between law-abiding friends and family members would constitute a felony if the seller did not in fact obtain a Federal Firearms License and perform a background check.
Push Back
The Nebraska Attorney General, Mike Hilgers, joined a coalition of 21 states in a lawsuit opposing the ATF rule that broadens the definition of when a person is considered “engaged in the business” as a dealer in firearms. The suit filed in Arkansas, the attorneys general argue that the rule is unconstitutional because it is vague, violates the Second Amendment and circumvents Congress. The following state attorneys general have signed onto the lawsuit:
- Alabama
- Alaska
- Arkansas
- Georgia
- Indiana
- Idaho
- Iowa
- Kansas
- Kentucky
- Missouri
- Montana
- Nebraska
- New Hampshire
- North Dakota
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Virginia
- Wyoming
In The Meantime
Sales by private citizens who are not licensed can still occur. If you find yourself in this situation, just contact a local Federal Firearm Licensee and ask if he/she would act as the in-between dealer in a private sale. There of course could be a small transfer fee.
THIS RULING GOES INTO EFFECT 20 MAY 2024 UNLESS A STAY IS AWARDED BY THE COURTS.
Be Safe Out There
