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Very Hot Topic (More than 25 Replies) ATF - “Engaged in the Business” as Dealer (Read 6244 times)
joeb33050
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Re: ATF - “Engaged in the Business” as Dealer
Reply #15 - Oct 21st, 2023 at 7:31am
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If we don't understand what G does and how it operates, and if we sit around moaning about G, and if that moaning is about non-factual matters-then we should not be surprised if we are not taken seriously. 
Valid criticism requires knowledge of the matter, and that knowledge comes from a little work.
Moaning alone changes no minds or laws.
  
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marlinguy
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Re: ATF - “Engaged in the Business” as Dealer
Reply #16 - Oct 21st, 2023 at 12:18pm
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I still see absolutely nothing that clarifies or defines previous gray areas that ATF arbitrarily used their own judgement to make decisions?
It does seem like they could use the changes to not let anyone buy and sell one gun without an FFL, but nothing defines whether the FFL holder is actively engaged if he only sells one gun a year. 
So instead of making a defined set number of guns bought and sold to determine what is actively engaged, they instead have basically said nobody can sell a gun without running it through an FFL to do so.
  

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LRF
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Re: ATF - “Engaged in the Business” as Dealer
Reply #17 - Oct 23rd, 2023 at 9:00am
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marlinguy wrote on Oct 21st, 2023 at 12:18pm:
I still see absolutely nothing that clarifies or defines previous gray areas that ATF arbitrarily used their own judgement to make decisions?
It does seem like they could use the changes to not let anyone buy and sell one gun without an FFL, but nothing defines whether the FFL holder is actively engaged if he only sells one gun a year. 
So instead of making a defined set number of guns bought and sold to determine what is actively engaged, they instead have basically said nobody can sell a gun without running it through an FFL to do so.

Hi Val, I have just completed reading the "proposal" and I agree that your above comments pretty much, "hit the nail on the head". The DOJ and ATF have muddied the water such that weather you are or are not in violation of the "law" is left up to the discretion of the ATF agent and prosecutors. One could go ahead and obtain a FFL (with the new proposed increases in costs) so that you can sell that one gun per year, however doing so would admit that you are "engaged in the business" and open you up to many other intrusions into your life, like inspection of your "place of business" or residence or just about anywhere else you can think of. And then of course how far behind the ATF agent would you think the IRS agent would be? Remember the IRS has 80,000 new agents with their side arms to handle this.

I would like to say more, in particular about the "sky is falling" but ding dong it already has fallen you just haven't been hit on the head yet, so why bother? 


  
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joeb33050
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Re: ATF - “Engaged in the Business” as Dealer
Reply #18 - Oct 25th, 2023 at 12:05pm
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As far as I can find, the IRS did not and will not hire 80,000 new armed agents. This appears to be false news. They ain't there.

LRF wrote on Oct 23rd, 2023 at 9:00am:
marlinguy wrote on Oct 21st, 2023 at 12:18pm:
I still see absolutely nothing that clarifies or defines previous gray areas that ATF arbitrarily used their own judgement to make decisions?
It does seem like they could use the changes to not let anyone buy and sell one gun without an FFL, but nothing defines whether the FFL holder is actively engaged if he only sells one gun a year. 
So instead of making a defined set number of guns bought and sold to determine what is actively engaged, they instead have basically said nobody can sell a gun without running it through an FFL to do so.

Hi Val, I have just completed reading the "proposal" and I agree that your above comments pretty much, "hit the nail on the head". The DOJ and ATF have muddied the water such that weather you are or are not in violation of the "law" is left up to the discretion of the ATF agent and prosecutors. One could go ahead and obtain a FFL (with the new proposed increases in costs) so that you can sell that one gun per year, however doing so would admit that you are "engaged in the business" and open you up to many other intrusions into your life, like inspection of your "place of business" or residence or just about anywhere else you can think of. And then of course how far behind the ATF agent would you think the IRS agent would be? Remember the IRS has 80,000 new agents with their side arms to handle this.

I would like to say more, in particular about the "sky is falling" but ding dong it already has fallen you just haven't been hit on the head yet, so why bother? 



  
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Re: ATF - “Engaged in the Business” as Dealer
Reply #19 - Oct 25th, 2023 at 2:25pm
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As far as I can find, the IRS did not and will not hire 80,000 new armed agents. This appears to be false news. They ain't there.


Biden got the money for it. What makes you think he is not using that money for that purpose?

Maybe he is just going to send it to Hunter?
  

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Re: ATF - “Engaged in the Business” as Dealer
Reply #20 - Oct 26th, 2023 at 7:09am
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frnkeore wrote on Oct 25th, 2023 at 2:25pm:
Quote:
As far as I can find, the IRS did not and will not hire 80,000 new armed agents. This appears to be false news. They ain't there.


Biden got the money for it. What makes you think he is not using that money for that purpose?

Maybe he is just going to send it to Hunter?

Ha Ha frnkeore good one. Smiley 
The IRS is currently hiring. But no matter what I said still holds. If you have an FFL you are telling the IRS you are "engaged in the business" and therefore in the sights of the IRS.
  
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marlinguy
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Re: ATF - “Engaged in the Business” as Dealer
Reply #21 - Oct 26th, 2023 at 10:46am
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Here's a quote from a recent article:

"The Inflation Reduction Act of 2022 includes about $80 billion in funding for the IRS over the next 10 years. 

About $45.6 billion of that IRS funding will be put toward expenses for IRS tax enforcement services through September 2031, including hiring more employees. 

But the claims that this funding will be used to hire 87,000 new agents specifically tasked with audits are false.

The text of the Inflation Reduction Act doesn’t specify a number of new hires for the IRS. The 87,000 number comes from a May 2021 report from the Treasury Department that estimated more funding allocated by President Joe Biden’s administration would allow the IRS to hire nearly 87,000 full-time employees by 2031. 

More from VERIFY: Yes, the Internal Revenue Service did buy nearly $700K in ammunition in early 2022

That report was specific to previous legislation, and it’s not clear yet how many people the IRS will hire with the Inflation Reduction Act funding.

The majority of IRS hires would fill positions of people leaving the agency over the next decade, the Treasury Department said. That includes staff members across departments, not just agents tasked with audits. 

An estimated 52,000 IRS employees are expected to leave the agency or retire in the near future.

The IRS will determine the final numbers and breakdown of potential new staff for the next decade in the coming months, but the addition of new employees won’t mean increased audits for middle-class Americans, according to the Treasury and IRS. 

“New staff will be hired to improve taxpayer services and experienced auditors who can take on corporate and high-end tax evaders, without increasing audit rates relative to historical norms for people earning under $400,000 each year,” a spokesperson for the Treasury Department said."

So whether it's begun, or how far along it is currently is really nothing to debate. It is planned, and it will happen over a period of time. Yes, a number of the "new agents" will be replacements for those retiring. But even if you subtract the number retiring, it still looks like about 35,000 will be new positions, not replacements. With plenty of ammo for them to enforce their tasks.
  

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frnkeore
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Re: ATF - “Engaged in the Business” as Dealer
Reply #22 - Oct 26th, 2023 at 12:59pm
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So....... what do they need guns for??????

Those high income corporate guy's? Or, would it be the common guy, that feels he targeted and charged unjustly? 

Another reason comes to mind........ to collect taxed fire arms, maybe?

They taxed the machine gun, whats to stop them from doing that to all firearms?
  

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marlinguy
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Re: ATF - “Engaged in the Business” as Dealer
Reply #23 - Oct 26th, 2023 at 1:05pm
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frnkeore wrote on Oct 26th, 2023 at 12:59pm:
So....... what do they need guns for??????

Those high income corporate guy's? Or, would it be the common guy, that feels he targeted and charged unjustly?


I have the same questions Frank! I would think most instances involving firearms would be a different alphabet agency than the IRS. Maybe they just like playing sheriff?
  

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Re: ATF - “Engaged in the Business” as Dealer
Reply #24 - Oct 26th, 2023 at 1:12pm
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I can't imagine any scenario where the IRS should need firearms. Our Government is completely out of control.
  

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Re: ATF - “Engaged in the Business” as Dealer
Reply #25 - Dec 4th, 2023 at 3:56pm
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I started this and maybe this will finish it.   The comment period is almost over (Dec 7).  You can access the proposal by searching atf.gov for “Definition of Engaged in the business as a dealer in firearms”.   

I’ve sifted through the rather lengthy and legalistic document several times and I believe this regulation could/would make anyone selling a firearm obligated to becoming a dealer and subsequently requiring them to perform background checks for anyone buying a firearm from them.  Further, the qty of firearms and the compensation related to the transactions are not considered as key considerations.  The regulation suggests what is referred to as “rebuttable presumptions” regarding “doing business as a dealer in firearms”.  My understanding is that this means you are considered guilty by the ATF until you prove that you are not guilty.  The entity determining guilt. .  .  . The ATF.   

There is more; internet sales are noted as an example supporting the need for the regulation.  It completely ignores that internet sales are required to go through an FFL with the subsequently required background check. 

This is truly a very onerous proposal.
  
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Re: ATF - “Engaged in the Business” as Dealer
Reply #26 - Dec 4th, 2023 at 4:09pm
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As far as government is conserned you are always guilty till u prove yourself innocent
  
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joeb33050
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Re: ATF - “Engaged in the Business” as Dealer
Reply #27 - Dec 7th, 2023 at 8:32am
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Redrighthand wrote on Oct 26th, 2023 at 1:12pm:
I can't imagine any scenario where the IRS should need firearms. Our Government is completely out of control.


The IRS purchases guns and ammunition for special agents in its criminal investigation division, a law enforcement branch established in 1919. The typical IRS auditors that Americans would encounter in a routine audit are unarmed. The special agents who are armed investigate crimes ranging from money laundering to cybercrime.
No, Biden is not arming up the IRS with guns and ammunition
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Re: ATF - “Engaged in the Business” as Dealer
Reply #28 - Dec 7th, 2023 at 10:13am
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"Is that a gun in your pocket Mr. IRS Auditor sir, or are you just happy to see me quivering?"
  
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Re: ATF - “Engaged in the Business” as Dealer
Reply #29 - Dec 8th, 2023 at 7:13am
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gnoahhh wrote on Dec 7th, 2023 at 10:13am:
"Is that a gun in your pocket Mr. IRS Auditor sir, or are you just happy to see me quivering?"

Very good! I would laugh but it's probably more true than we want
  
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