Dellet wrote on Oct 20
th, 2023 at 11:43am:
marlinguy wrote on Oct 20
th, 2023 at 11:15am:
Unless there's been a change, the FFL rules stated, "Actively engaged in the sales of firearms".
That terminology is so vague that even an ATF agent couldn't explain it to me when I had my FFL license. He wanted me to surrender my license because I wasn't selling enough firearms to comply with that rule. When I asked what "actively engaged" meant, he said something like 6 firearms a month. I asked where that number was in the rules, and he said it didn't exist, but it's what the ATF arbitrarily chose as a minimum to adhere to the rules.
So what is the maximum you can sell before you are considered a dealer? Is it 5 guns, or any number of guns? I doubt this would hold up in court if challenged.
In the first page of the linked document, it explains the reason for the new rules is to clarify that exact problem. It then goes on for another 107 pages simplifying the definition.
I see nothing on the first page that is specific as to numbers of arms sold, or anything that states exactly what "engaged" means.
I see statements there about "predominantly to earn a profit", "principal objective of livelihood and profit", but nothing that states an exact number of firearms to meet a minimum set amount to be considered "engaged in the sale of firearms".
It appears that this new rule may even make it easier for an FFL holder to keep his license if he's selling only one gun, as long as that gun was sold at a profit, and was purchased for resale to make a profit. Nothing states his FFL business has to be his sole source of income, nor does it state he has to sell X number of firearms to be "engaged in the business".
Maybe it's time for me to reapply and get my FFL again, so I can buy one gun a year and sell it at a profit.