ATF and DOJ say you can't sell a firearm without an FFL license

I don't care for the new regs, but they do not appear to be so broad as to prohibit all private sales. They broaden the definition of engaging in the business of firearms dealing, but they don't cover every private sale.

quote:

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The Bipartisan Safer Communities Act (BSCA), enacted June 25, 2022, expanded the definition of engaging in the business of firearms dealing to cover all persons who devote time, attention, and labor to dealing in firearms as a regular course of trade or business to predominately earn a profit through the repetitive purchase and sale of firearms. On March 14, 2023, President Biden issued Executive Order 14092, which, among other things, directs the Attorney General to develop and implement a plan to clarify the definition of who is engaged in the business of dealing in firearms and thus required to obtain a federal firearms license.

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quote:

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The NPRM explained that the statutory definition of “engaged in the business” excludes “a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.” 18 U.S.C. 921(a)(21)(C).

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I'll wait for someone with more time to parse the new rule that defines the personal collection/hobby exclusion and see how narrow or broad it is. Until then, I wouldn't leap to the conclusion that "you can't sell a firearm without an FFL license".