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re: US Dept of Justice now says you have to have a FFL to sell a gun “for profit”

Posted on 4/11/24 at 9:56 am to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423213 posts
Posted on 4/11/24 at 9:56 am to
quote:

Apparently that is all it takes to declare commercial activity, from WHAT YOU POSTED

I'm going to clarify something for those who don't understand. Portions of regs involving defining terms in statutes (which is what I posted) is not the same as a law, where you check that box and it's a violation. These factors are used to create a presumption, not a violation. That presumption can be rebutted.

So if you fall into one factor, it's theoretically possible that the ATF presumes that you fall within that definition. You have the ability to to rebut that presumption, which should be pretty easy if you're just relying on that one factor. Just off the top of my head, time owned, personal use (like target shooting, etc.), etc. show a non-commercial intent.

This doesn't change the law. If you bought a gun with the sole intention to sell it for profit, that's always violated the law, regardless if those listed factors directly apply to you.

Also, just to clarify for the boomers and dullards, me explaining how this law works and how regulations work isn't an endorsement of the law itself. I'm not personally in favor of these laws. However, they do exist so it's possible to dislike the laws while still understanding how they apply in reality, which is what I am doing.

There is a lot of work to do with disinformation dissemination like we saw in OP (and the source used in OP), which is used to create emotional triggers (anger, fear, etc.) in boomers and dullards. I'm trying to help them come back to a rational reality.
This post was edited on 4/11/24 at 9:57 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423213 posts
Posted on 4/11/24 at 9:56 am to
quote:

There’s SFP sucking that big government dick again

There's thebigmuffaletta stating a mistruth again.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423213 posts
Posted on 4/11/24 at 9:58 am to
quote:

The way you're pretzeling on this I would say is astonishing but it's par for the course for this new statist sfp.

Stop being untruthful.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261251 posts
Posted on 4/11/24 at 9:59 am to
quote:



So if you fall into one factor, it's theoretically possible that the ATF presumes that you fall within that definition.


Sounds mighty BigGov to me.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423213 posts
Posted on 4/11/24 at 10:00 am to
quote:

Sounds mighty BigGov to me.

It is, but it's been this way for a long time. The law itself is not new.

Buying guns with the sole intention to sell them for profit without an FFL has been illegal for a long time. This reg doesn't change that.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261251 posts
Posted on 4/11/24 at 10:01 am to
quote:


It is, but it's been this way for a long time


That makes it better. Whew.

Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261251 posts
Posted on 4/11/24 at 10:02 am to
quote:


Also, just to clarify for the boomers and dullards, me explaining how this law works


Youre being dishonest again.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79288 posts
Posted on 4/11/24 at 10:06 am to
Some dude on arfcom is going to get rung up for a markup on a KAC

which I'm sure is the point

everything the administration does is just intended to provide pathways to persecute ideological enemies
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423213 posts
Posted on 4/11/24 at 10:08 am to
quote:

That makes it better.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423213 posts
Posted on 4/11/24 at 10:08 am to
quote:

Youre being dishonest again.

Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261251 posts
Posted on 4/11/24 at 10:11 am to
quote:


There is a lot of work to do with disinformation dissemination like we saw in OP


Tell me about these gun show loopholes you folks are terrified about?

I think you struggle with the fine line between liaison and advocacy.
Posted by RollTide71
Member since Dec 2023
1764 posts
Posted on 4/11/24 at 10:11 am to
This is 2024. I do not own any guns today. I do own MANY "Cordless Hole Punchers" though.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261251 posts
Posted on 4/11/24 at 10:12 am to
quote:


Apparently that is all it takes to declare commercial activity,


I just want to see it defined. If not, its just obfuscation to entrap.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423213 posts
Posted on 4/11/24 at 10:12 am to
quote:

I think you struggle with the fine line between liaison and advocacy.

I don't.

People primed towards partisan and emotional reactions have a tough time with the simple distinction, though.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423213 posts
Posted on 4/11/24 at 10:13 am to
quote:

I just want to see it defined. I

Literally what this regulation does, Rog. It should make you happy, in that case.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261251 posts
Posted on 4/11/24 at 10:16 am to
quote:

This is 2024. I do not own any guns today.


The ATF has been doing some funky shite.

ATF showing up at homes

Took me almost a week to get approved buying one firearm and one lower receiver at one time. Thats the kind of folks theyre checking on.

I've been advised to tell them to kindly frick off.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261251 posts
Posted on 4/11/24 at 10:20 am to
quote:

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.


Yeah, thats impressively specific..

quote:

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. The Final Rule conforms the ATF regulations to the new BSCA definition and further clarifies the conduct that presumptively requires a license under that revised definition, among other things.


We love our EOs.

Posted by roadGator
Member since Feb 2009
140684 posts
Posted on 4/11/24 at 10:22 am to
Buy this pencil for $850 and I’ll give you this gently used Glock.
Posted by Kjnstkmn
Vermilion Parish
Member since Aug 2020
10750 posts
Posted on 4/11/24 at 10:24 am to
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68123 posts
Posted on 4/11/24 at 10:24 am to

After including the value of maintenance, storage and fuel(ammo) cost over the years all of mine are sold at a loss.
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