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Very Hot Topic (More than 25 Replies) ATF - “Engaged in the Business” as Dealer (Read 6240 times)
GordonS
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ATF - “Engaged in the Business” as Dealer
Oct 19th, 2023 at 10:49pm
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Please take the time to look up, review, and comment on the proposed ATF regulations regarding who is a Firearms Dealer and needs to get an FFL.   

Yup, it’s you, even if you just talk about selling a firearm.   And, you are assumed guilty of a crime unless you prove otherwise.   

Fact or not?  Take the time (It’s painful) to look at what has been proposed.  It is bad and provides nothing of value.
  
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Smoke
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Re: ATF - “Engaged in the Business” as Dealer
Reply #1 - Oct 19th, 2023 at 11:28pm
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How about posting the link?
  

I've never really trusted Smokey the Bear.  Everytime I see him I wonder what happened to the Boy Scout that was orginally wearing that hat.
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joeb33050
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Re: ATF - “Engaged in the Business” as Dealer
Reply #2 - Oct 20th, 2023 at 7:35am
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The sky, once again, is falling in. The congress/president passes laws. The dreaded bureaucracy takes the often-incomprehensable law and writes regulations -attempts to interpret what the laws mean in practical terms. These proposed regulations are then made public, asking for comment from the public, congress, and the executive.
Eventually there are regulations accepted into the CFR.
No regulation enters the CFR unless it begins life as a law passed by congress/the executive.
Nobody at ATF writes regulations that do not trace directly to a passed law, and are widely reviewed and accepted by the public, congress and the executive.
This is how your G works, and that "how" is written into the law.
The sky is safe, the ATF is following the law, ATF regulations are reviewed by the public etc. Civics?
  
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gewehrfreund
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Re: ATF - “Engaged in the Business” as Dealer
Reply #3 - Oct 20th, 2023 at 8:13am
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joeb33050 wrote on Oct 20th, 2023 at 7:35am:
The sky, once again, is falling in. The congress/president passes laws. The dreaded bureaucracy takes the often-incomprehensable law and writes regulations -attempts to interpret what the laws mean in practical terms. These proposed regulations are then made public, asking for comment from the public, congress, and the executive.
Eventually there are regulations accepted into the CFR.
No regulation enters the CFR unless it begins life as a law passed by congress/the executive.
Nobody at ATF writes regulations that do not trace directly to a passed law, and are widely reviewed and accepted by the public, congress and the executive.
This is how your G works, and that "how" is written into the law.
The sky is safe, the ATF is following the law, ATF regulations are reviewed by the public etc. Civics?

True, but that still does not preclude that this could become the law of the land if we just roll over and acquiesce. Sad Angry
  
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art_ruggiero
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Re: ATF - “Engaged in the Business” as Dealer
Reply #4 - Oct 20th, 2023 at 8:39am
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these are the times that try mens souls   thomas payne  1770s  art
  
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Dellet
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Re: ATF - “Engaged in the Business” as Dealer
Reply #5 - Oct 20th, 2023 at 9:18am
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You don’t need to write new laws and waste the time of getting them enacted into code, when you can simply change the definition of words or add and eliminate phrases in existing law.

The new proposal of redifining what a dealer is what is happening. The wording for private sales of personal collections seems to have been removed. There is specific wording that includes private sales on Internet forums are being targeted.

The proposal is 108 pages long and worth a read, if fo no other reason than it documents how the definition of “firearms dealer” has changed over the last 35 years.

To think single shot, reproductions and or antiques will not fall under many of the new definitions would be short sighted. Other rule and definition changes intended to prevent 80% AR 15 kits from being sold unlicensed will also effect the casting kits for Frank Wesson rifle.

Definitions are basically controlled by the Director of the ATF, a non elected office that changes on the whims of who is elected President. New laws do not need to be written to change how firearms are sold, only simple phrases like “for profit” need to be re-defined.

Link to what I believe to be the most current proposal.

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Re: ATF - “Engaged in the Business” as Dealer
Reply #6 - Oct 20th, 2023 at 9:40am
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All gun laws and regulations are unconstitutional.  SHALL NOT INFRINGE.
  

Mike Brooks
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Re: ATF - “Engaged in the Business” as Dealer
Reply #7 - Oct 20th, 2023 at 11:15am
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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.
  

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Dellet
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Re: ATF - “Engaged in the Business” as Dealer
Reply #8 - Oct 20th, 2023 at 11:43am
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marlinguy wrote on Oct 20th, 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.
  
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marlinguy
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Re: ATF - “Engaged in the Business” as Dealer
Reply #9 - Oct 20th, 2023 at 1:18pm
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Dellet wrote on Oct 20th, 2023 at 11:43am:
marlinguy wrote on Oct 20th, 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.
  

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Re: ATF - “Engaged in the Business” as Dealer
Reply #10 - Oct 20th, 2023 at 2:35pm
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marlinguy wrote on Oct 20th, 2023 at 1:18pm:
Dellet wrote on Oct 20th, 2023 at 11:43am:
marlinguy wrote on Oct 20th, 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.

Around page 15, section 2 starts, the change in definition is discussed and it is quite confusing. It appears that in certain  circumstances a single sale could be defined as needing a license. Basically if you buy with the intent of selling later for a profit. Possibly records being required. 

So “allowing” you to keep an FFL for a single sale, vs “requiring” for a single sale becomes an issue.
  
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Re: ATF - “Engaged in the Business” as Dealer
Reply #11 - Oct 20th, 2023 at 6:59pm
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I have two tables at a local show in a couple weeks bought and paid for. I am still trying to help a lady dispose of her husbands guns. If I read it right nothing will be finalizes until around the end of November. There is a 90 day period where you can contact and voice your opinions. I have made a copy of the document and highlighted everything that pertains to my personal situation. If an ATF guy shows up (I hope he will be in uniform) I will explain what I am doing. If it isn't good enough then I guess I will go to jail. Hopefully enough people will raise hell about it they will make up some rules that specifically explain "in the business".


JMH
  
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Re: ATF - “Engaged in the Business” as Dealer
Reply #12 - Oct 20th, 2023 at 7:56pm
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Of course, there are states where those guns would have to go to and through a dealer's books.
  
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Re: ATF - “Engaged in the Business” as Dealer
Reply #13 - Oct 20th, 2023 at 9:04pm
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joeb33050 wrote on Oct 20th, 2023 at 7:35am:
....The sky is safe, the ATF is following the law, ATF regulations are reviewed by the public etc. Civics?

Nope, this is activism. There is no civics lesson that can explain how this would be conceived and tax dollars spent to push implementation. Yes, the sky is falling, slowly, but surely.
  
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joeb33050
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Re: ATF - “Engaged in the Business” as Dealer
Reply #14 - Oct 21st, 2023 at 7:16am
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craigd wrote on Oct 20th, 2023 at 9:04pm:
joeb33050 wrote on Oct 20th, 2023 at 7:35am:
....The sky is safe, the ATF is following the law, ATF regulations are reviewed by the public etc. Civics?

Nope, this is activism. There is no civics lesson that can explain how this would be conceived and tax dollars spent to push implementation. Yes, the sky is falling, slowly, but surely.


Do you understand that this is all about HOW to enforce/explain a law that has been passed by congress and signed by the President? Activism? Too late? The law has been passed! It is the law, now! Conceived? Tax dollars spent? What are you talking about?
  
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