So here are a list of the new rules. There are all sorts of other bad news in this. The only hope is that the courts throw this out due to rule #4. I dont know how you are supposed to be able to determine what someone has in mind to do with a gun when they buy, unless they out right tell you they plan to commit a mass shooting, or hold up a bank!!! Now remember these rules now pertain to anyone who sells a gun, not just a FFL. If you do intend on selling a gun you better have a FFL, and you better do a NICS background check. At least for now. I'm curious as to how this plays out with those with CWP's. The rule says every transaction now has to have a NICS back ground check. So how will this play out???
They supposedly clarified what you do as a FFL when you transfer to your self or to another FFL. Looks like they just muddied the water??
Last but not least, they are begging for more money so they can track from production to a crime, and a new data base due to it being so "unwieldy", and they need more full time employees??? Let me translate, they are openly admitting they plan on tracking guns in a manner in direct conflict to which they promised to do when the Brady act passed. They were never supposed to be able to track guns in real time and have a registry. Yet, they are openly telling you they want to do it, and at least the system is some what working. Currently they are amassing their "registry" by piece milling out of business records with Form 3's to semi keep track of where guns are. Problem with this is private sale foil them knowing for sure where the gun resides. So now you have a gun retrieved at a crime scene. serial# is run back through all form3's they then can back track which FFL it went through by calling each FFL, at least till the last one sold it to a person that filled out a 4473. If that person sells it to a person in a private transaction, and that person sells it and so on, there is no way of determining who had the gun last. By having a 4473 every time the gun changes hands they know exactly who has it, and if they do what they have been doing currently during inspections (taking pics of dealers books,) they would have a real time knowledge of where the fire arm is in real time. If you wonder why that is bad, it leads to confiscation.
https://www.atf.gov/firearms/final-r...ealer-firearms
This final rule incorporates BSCA’s definitions of “predominantly earn a profit” and “terrorism,” and amends the regulatory definitions of “engaged in the business as a dealer other than a gunsmith or pawnbroker” and “principal objective of livelihood and profit” to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public.
The final rule clarifies when a person is “engaged in the business” as a dealer in firearms at wholesale or retail by:
1clarifying the definition of “dealer,” and defining the terms “purchase,” “sale,” and “something of value” as they apply to dealers;
2adding definitions for the term “personal collection (or personal collection of firearms, or personal firearms collection),” and for “responsible person”;
3setting forth conduct that is presumed to constitute “engaging in the business” of dealing in firearms, and presumed to demonstrate the intent to “predominantly earn a profit” from the sale or disposition of firearms, absent reliable evidence to the contrary, in civil and administrative proceedings;
4clarifying that the intent to “predominantly earn a profit” does not require the person to have received pecuniary gain, and that intent does not have to be shown when a person purchases or sells a firearm for criminal or terrorism purposes;
5clarifying the circumstances when a person would not be presumed to engaged in the business of dealing in firearms, including as an auctioneer, or when purchasing firearms for, and selling firearms from, a personal collection;
6addressing the procedures former licensees, and responsible persons acting on behalf of such licensees, must follow when they liquidate business inventory upon revocation or other termination of their license; and
7clarifying that licensees must follow the verification and recordkeeping procedures in 27 CFR 478.94 and Subpart H, rather than using an ATF Form 4473 when firearms are transferred to other licensees, including transfers by a licensed sole proprietor to that person’s personal collection.
Bookmarks