I read about that earlier this morning. This has been talked about for decades. As I recall, it was "fixed" a few years ago and nothing changed that I could tell. It's already the law. A dealer is a dealer is a dealer. Tightening up the definition of a dealer probably won't make much difference, except to allow politicians to say they did something. I don't see any impact on private one-on-one sales. Just more political bluster going into election season.

I hate to say it, but this is a total reconstruction of what a "dealer" in firearms is.

The revisions and additions read as follows:

§ 478.11

Meaning of terms.
* * * * *
Dealer.
Any person engaged in the business of selling firearms at wholesale or retail; any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or any person who is a pawnbroker. The term shall include any person who engages in such business or occupation on a part-time basis. The term shall include such activities wherever, or through whatever medium, they may be conducted, such as at a gun show or event, flea market, auction house, or gun range or club; at one's home; by mail order; over the internet; through the use of other electronic means (
e.g.,
an online broker, online auction, text messaging service, social media raffle, or website); or at any other domestic or international public or private marketplace or premises.

Engaged in the business
(c)
Dealer in firearms other than a gunsmith or a pawnbroker.
(1) A person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms, but such term shall not include 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 the person's personal collection of firearms. The term shall not include an auctioneer who provides only auction services on commission by assisting in liquidating a personal collection of firearms at an estate-type auction, provided the auctioneer does not purchase the firearms, take possession of the firearms prior to the auction, or consign the firearms for sale.
(2) For purposes of this definition—
(i) The term “purchase” (and derivative terms thereof) means the act of obtaining a firearm in exchange for something of value;
(ii) The term “sale” (and derivative terms thereof, including “resale”) means the act of providing a firearm in exchange for something of value; and
(iii) The term “something of value” includes money, credit, personal property (
e.g., another firearm or ammunition), a service, a controlled substance, or any other medium of exchange or valuable consideration.

Full text here:

https://www.federalregister.gov/doc...-in-the-business-as-a-dealer-in-firearms

From an earlier post I made back in Oct. :

I spoke with a couple of gun show promoters.... they say if this rule goes on the books, they will have to limit all table sales to licensed
FFL's, That means all those great collections/deals that you used to find at the shows will be gone. No more guys wanting or able to sell grandpa's
collection or dad's or theirs for that matter, no more legal cash sales at the shows without the damn NICS BS!

Here is an excerpt from the new rule that might get a lot of people in hot water…

I hate Biden

So does this mean no more private sales at gun shows?

From an article on 1440 news this morning:



150,000/40,000,000=.00375 .375% rejected.

That justifies encroachment on Americans Constitutional rights?

That exactly what they are aiming for. Making it a crime to sell your guns ay gun shows,garage sales, flea markets, Especially online sales like this site.
Unless you are a Dealer, or use a dealer for the sale, you commit a crime. That way they can track and all sales and transfers in the database
that Federal law says they are not supposed to keep. Even though through many multiple FOIA requests, it has been proven they are keeping a massive database.
They want to know who has what and where, when they decide to confiscate them.

The Biden administration held a press call on Wednesday to discuss the “engaged in the business” final rule that clears up language in the Bipartisan Community Safety Act of 2022.

This new rule is meant to address the so-called “gun show loophole.”

By law, anyone who deals in firearms “for profit” must get a federal license and conduct criminal background checks. However, some sellers have found a way to skirt that law, selling guns at gun shows, flea markets and even on the internet.

So what does this mean? If I sell a gun that doesn't necessarily mean I sold it for profit. I'm confused.

By the way Texans...you have Senator John Cornyn to thank for this due to his pivotal role in the so called
"bipartisan Safer Communities Act" his backing and support help get this trash through the legislative process.
That piece of crap bill started the ball rolling. He will never get my vote again.

According to the 2A Attorneys I have watched who have read through the new "rule" interpretation, if you as an individual sell any firearm for more than you paid
for it , then you will have made a "profit." Given their past behavior with other new "interpretations" of rules, the ATF will twist things around
and find you in violation, and therefore subject to punishment under the law.

I am still waiting for them to close the gun theft loophole. Until they find a way to stop criminals from stealing guns, they will have them. Close the gun theft loophole!

FJB

Responsible gun owners need to do their part. Quit leaving them unsecured, make if difficult for the criminals. Vehicles are NOT secure storage.

This is about revenue, not gun or any other kind of safety. They can only tax what they are aware of. It's about money, all DC cares about. They don't give two %$#@'s about us. They're using "gun safety" as an excuse to tap into a free trade market. Much like they did with alcohol and tobacco. Hmmmm.....

Couldn't agree more. Our neighborhood paper lists police report details. The vast majority of these are vehicle break-ins. And the vast majority of those are unlocked vehicles. It's amazing how many valuables (guns included) are stolen.

So how will this work? A person conducting a private sale every now and then is required to do a background check. A person cannot submit a background check unless he holds an FFL license. In Texas, the only requirement other than federal requirements, is you must be registered as a business to obtain an FFL. So how does a private seller perform a background check?

The both parties go to a gun shop and let them do the transfer. Of course there will be fees associated with this service.

I think that’s the point. They are making it where you can not sell a gun as an individual unless you are selling it for no profit or a loss. That rifle that you paid $200 for 20 years ago must be sold for $200 today or you need to get your FFL. Forcing you to get an FFL license for almost every transaction.

Getting an FFL license is not that easy. They just don't hand them out like they do a DL.

Exactly. If you have to get an FFL to sell a gun, and it's not easy to get an FFL, then that's going to kill all private sales. That's thier goal.

I don’t think so. Their goal is to ensure all gun sales are linked to a background check. Read my post above yours. Both parties can go to an FFL and let them conduct the transfer. That way the background check is done. Of course there will most likely be a transfer fee.

So another question then, when purchasing a firearm currently, CC holders are able to bypass the background check. Does that mean if you sell to a CC holder that will still be the case or is that out the window now?

How do you verify if the LTC is still valid? I believe FFL licensees have the ability to verify if the LTC is valid but not 100% sure.

Partially correct, Their goal is to be able to log ALL firearm sales/transfers into their massive database.
Which by the way , is a violation of existing Federal laws. Don't be fooled, they are keeping ALL of the information.

The DPS issues ID's to LTC holders. If it has not expired then it's still valid. I'm just wondering if a private sale would be the same as the gun show, that is, if the buyer is a LTC holder then you do not have to bother with background check.

Not exactly true. DPS is slow to collect ID from folks that are no longer permitted to have an LTC. That's why they created a means & methods for FFL licensees to check validity.

For your reading pleasure...

https://www.dps.texas.gov/news/dps-...ms-licensees-verify-validity-ltc-permits

I'm confused, say a person buys a gun from an individual, no paperwork, and ten years later or two weeks later they sale the gun to another individual, how would ATF searching sales records discover anything other than maybe the original purchaser and then the trail would go cold? This is another one of those nonsense regulations which will only apply to law abiding citizens and FFL Holders will make a ton of money, I'm thinking the price of transfers just went way up.

This really doesn't surprise me after watching people who ran to purchase AR15s on a weekly or daily basis, then turned around and sold them for an inflated price taking advantage of the big ban scare...

Appears Texas, Louisiana, Mississippi, and Utah have just filed a lawsuit to stop this policy change...

Yep. Here’s the press conference….

Here is an updated explanation of the "Final Rule" from GOA

Looks like a judge blocked it temporarily for plaintiffs in Texas and several others. I’m hoping this issue is fast tracked through the courts and meets it’s demise.

And there's the carve out for most of us who buy and sell privately. Very few people make a profit when they sell a firearm unless they by chance got a really good deal on it initially. It would be tough to prove the seller made a profit.

“Right to keep and bear arms shall not be infringed.” That seems pretty clear to me.

However, I don’t agree that minors in public carrying is a good idea.

I don’t believe that you should be able to carry a Gun on my property or in my home or business without my approval. I consider my vehicle my property. How about the store owner(public) who says no firearms on his property? Does he/she/they have the right to make their own decision about my/their rights?

A slippery slope about whose rights we are talking about.

Of course, liberals are self appointed re everybody’s rights.