{"id":3163,"date":"2024-04-20T07:12:26","date_gmt":"2024-04-20T07:12:26","guid":{"rendered":"https:\/\/gunsandpride.com\/?p=3163"},"modified":"2024-04-20T07:12:26","modified_gmt":"2024-04-20T07:12:26","slug":"justice-department-atf-issue-final-rule-on-what-it-means-to-be-engaged-in-the-business-of-selling-guns","status":"publish","type":"post","link":"https:\/\/gunsandpride.com\/?p=3163","title":{"rendered":"Justice Department, ATF Issue Final Rule on What It Means to be &#8220;Engaged in the Business&#8221; of Selling Guns"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div>\n<div class=\"td-post-featured-image\">\n<figure><a href=\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2020\/12\/ATF_headquarters-scaled.jpg\" data-caption=\"ATF Headquarters\"><noscript><img loading=\"lazy\" decoding=\"async\" width=\"696\" height=\"422\" class=\"entry-thumb td-modal-image\" src=\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2020\/12\/ATF_headquarters-scaled.jpg\" srcset=\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2020\/12\/ATF_headquarters-scaled.jpg 1920w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2020\/12\/ATF_headquarters-300x182.jpg 300w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2020\/12\/ATF_headquarters-700x425.jpg 700w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2020\/12\/ATF_headquarters-768x466.jpg 768w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2020\/12\/ATF_headquarters-1536x932.jpg 1536w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2020\/12\/ATF_headquarters-2048x1242.jpg 2048w, https:\/\/www.thetruthaboutguns.com\/wp-content\/uploads\/2020\/12\/ATF_headquarters-770x467.jpg 770w\" sizes=\"auto, (max-width: 696px) 100vw, 696px\" alt=\"ATF headquarters hq\" title=\"ATF headquarters hq\"\/><\/noscript><\/a><figcaption class=\"wp-caption-text\">ATF Headquarters<\/figcaption><\/figure>\n<\/div>\n<div class=\"wp-next-post-navi\">\n<p>\nNext Post Coming Soon&#8230;\u25b6\n<\/p>\n<\/div>\n<p>On the 31st anniversary of the Federal <a href=\"https:\/\/www.britannica.com\/event\/Waco-siege\" target=\"_blank\" rel=\"noopener\">government\u2019s assault on the Branch Davidian complex in Waco, Texas<\/a>, more <a href=\"https:\/\/www.arkansasonline.com\/news\/2024\/apr\/18\/state-legislators-criticize-atf-over-raid-in\/\" target=\"_blank\" rel=\"noopener\">questions are being asked<\/a> about another gross case of government overreach regarding the <a href=\"https:\/\/www.thetruthaboutguns.com\/546156-2\/\">botched March 19 ATF SWAT team raid<\/a> that killed Little Rock Airport executive director, <a href=\"https:\/\/www.thetruthaboutguns.com\/malinowski-family-attorneys-release-statement-videos-in-batf-killing-of-bryan-malinowski\/\">Bryan Malinowski<\/a>. Just as in Waco where more than 900 FBI and ATF agents attempted to storm the complex by pumping tear gas into the building and ramming it with armored vehicles, leading to a conflict that caused fires that killed 76 people, Malinowski, was awakened by an ATF SWAT team storming into his home in the middle of the night. When he ran from his room, armed and unsure of who was invading his home, agents shot and killed him. The very rule the ATF has used to justify their storming of the man\u2019s house in the middle of the night is just now being issued and won\u2019t be made final until 30 days after it appears in the Federal Register.<\/p>\n<p>The <a href=\"https:\/\/www.justice.gov\/opa\/pr\/justice-department-publishes-new-rule-update-definition-engaged-business-firearms-dealer#:~:text=The%20Justice%20Department%20today%20announced,order%20to%20increase%20compliance%20with\" target=\"_blank\" rel=\"noopener\">Justice Department<\/a> announced last week it had submitted to the Federal Register the \u201cEngaged in the Business\u201d Final Rule, which makes clear the circumstances in which a person is \u201cengaged in the business\u201d of dealing in firearms and thus required to obtain a federal firearms license, in order to increase compliance with the federal background check requirement for firearm sales by federal firearms licensees. Here\u2019s what they had to say:<\/p>\n<div class=\"td-paragraph-padding-2\">\n<p><em>\u201cUnder this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks,\u201d said Attorney General Merrick B. Garland. \u201cThis regulation is a historic step in the Justice Department\u2019s fight against gun violence. It will save lives.\u201d<\/em><\/p>\n<p><em>\u201cThe Bipartisan Safer Communities Act enhanced background checks and closed loopholes, including by redefining when a person is \u2018engaged in the business\u2019 of dealing in firearms. Today\u2019s rule clarifying application of that definition will save lives by requiring all those in the business of selling guns to get a federal license and run background checks \u2014 thus keeping guns out of the hands of violent criminals,\u201d said Deputy Attorney General Lisa Monaco. \u201cI applaud the hard work of ATF in drafting this rule and reviewing the hundreds of thousands of public comments, which overwhelmingly favored the rule announced today. Because of that work, our communities will be safer.\u201d<\/em><\/p>\n<p><em>\u201cThis is about protecting the lives of innocent, law-abiding Americans as well as the rule of law. There is a large and growing black market of guns that are being sold by people who are in the business of dealing and are doing it without a license; and therefore, they are not running background checks the way the law requires. And it is fueling violence,\u201d said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). \u201cToday\u2019s Final Rule is\u00a0about ensuring compliance with an important area of the existing law where we all know, the data show, and we can clearly see that a whole group of folks are openly flouting that law. That leads to not just unfair but, in this case, dangerous consequences.\u201d<\/em><\/p>\n<p><em>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. 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.<\/em><\/p>\n<p><em>Federally licensed firearms dealers are critical to federal, state, local, Tribal, and territorial law enforcement in our shared goal of promoting public safety. Licensees submit background checks on potential purchasers to the FBI\u2019s National Instant Criminal Background Check System, which helps to keep firearms out of the hands of prohibited persons. Further, licensees keep records of sales transactions to help ensure that when a gun is used in a crime and recovered by law enforcement it can be traced back to the first retail purchaser; they help identify and prevent straw purchasers from buying firearms on behalf of prohibited persons and criminals; and they facilitate safe storage of firearms by providing child-safety locks with every transferred handgun and offer customers other secure gun storage options. Unlicensed dealing, however, undermines these public-safety features \u2014 which is why Congress has long prohibited engaging in the business of dealing in firearms without the required license.\u00a0<\/em><\/p>\n<p><em>To increase compliance with the statutes Congress has enacted, the Final Rule identifies conduct that is presumed to require a federal firearms license. And, in addition to implementing the revised statutory definition discussed above, the Final Rule clarifies the circumstances in which a license is \u2014 or is not \u2014 required by, among other things, adding a definition of \u201cpersonal firearms collection\u201d to ensure that genuine hobbyists and collectors may enhance or liquidate their collections without fear of violating the law. The Final Rule also provides clarity as to what licensees must do with their inventory when they go out of business. \u00a0<\/em><\/p>\n<p><em>The Final Rule goes into effect 30 days after the date of publication in the Federal Register.<\/em><\/p>\n<p><em>On Sept. 8, 2023, the\u00a0 Justice Department published a <a href=\"https:\/\/www.atf.gov\/firearms\/definition-engaged-business-dealer-firearms\" target=\"_blank\" rel=\"noopener\">notice of proposed rulemaking<\/a>, and during the 90-day open comment period, ATF received nearly 388,000 comments.<\/em><\/p>\n<p><em>The final rule, as submitted to the Federal Register, can be viewed <a href=\"https:\/\/www.atf.gov\/firearms\/definitionengagedbusinessdealerfirearms\" target=\"_blank\" rel=\"noopener\">here<\/a>.<\/em><\/p>\n<\/div>\n<p>And this is what the <a href=\"https:\/\/www.atf.gov\/rules-and-regulations\/docs\/ruling\/atf-final-rule-definition-engaged-business-dealer-firearms\/download\" target=\"_blank\" rel=\"noopener\">ATF announced<\/a>:<\/p>\n<div class=\"td-paragraph-padding-2\">\n<p><em>On April 10, 2024, the Attorney General signed ATF\u2019s final rule, Definition of \u201cEngaged in the Business\u201d as a Dealer in Firearms, amending ATF\u2019s regulations in title 27, Code of Federal Regulations (\u201cCFR\u201d), <a href=\"https:\/\/regulations.atf.gov\/478\">part 478.<\/a> The final rule implements the provisions of the Bipartisan Safer Communities Act (\u201cBSCA,\u201d effective June 25, 2022), which broadened the definition of when a person is considered \u201cengaged in the business\u201d as a dealer in firearms (other than a gunsmith or pawnbroker).\u00a0The Final Rule clarifies that definition. It will be published in the Federal Register and will be effective 30-days from publication.<\/em><\/p>\n<p><em>This final rule incorporates BSCA\u2019s definitions of \u201cpredominantly earn a profit\u201d and \u201cterrorism,\u201d and amends the regulatory definitions of \u201cengaged in the business as a dealer other than a gunsmith or pawnbroker\u201d and \u201cprincipal objective of livelihood and profit\u201d to ensure each conforms with the BSCA\u2019s statutory changes and can be relied upon by the public.\u00a0<\/em><\/p>\n<p><em>The final rule clarifies when a person is \u201cengaged in the business\u201d as a dealer in firearms at wholesale or retail by:<\/em><\/p>\n<ol>\n<li><em>clarifying the definition of \u201cdealer,\u201d and defining the terms \u201cpurchase,\u201d \u201csale,\u201d and \u201csomething of value\u201d as they apply to dealers;<\/em><\/li>\n<li><em>adding definitions for the term \u201cpersonal collection (or personal collection of firearms, or personal firearms collection),\u201d and for \u201cresponsible person\u201d;<\/em><\/li>\n<li><em>setting forth conduct that is presumed to constitute \u201cengaging in the business\u201d of dealing in firearms, and presumed to demonstrate the intent to \u201cpredominantly earn a profit\u201d from the sale or disposition of firearms, absent reliable evidence to the contrary, in civil and administrative proceedings;<\/em><\/li>\n<li><em>clarifying that the intent to \u201cpredominantly earn a profit\u201d does not require the person to have received pecuniary gain, and that intent does not have to be shown when a person purchases or sells a firearm for criminal or terrorism purposes;<\/em><\/li>\n<li><em>clarifying the circumstances when a person would not be presumed to engaged in the business of dealing in firearms, including as an auctioneer, or when purchasing firearms for, and selling firearms from, a personal collection;<\/em><\/li>\n<li><em>addressing the procedures former licensees, and responsible persons acting on behalf of such licensees, must follow when they liquidate business inventory upon revocation or other termination of their license; and<\/em><\/li>\n<li><em>clarifying that licensees must follow the verification and recordkeeping procedures in <a href=\"https:\/\/regulations.atf.gov\/478-94\/2023-01001#478-94\" target=\"_blank\" rel=\"noopener\">27 CFR 478.94<\/a>and <a href=\"https:\/\/regulations.atf.gov\/478-121\/2023-01001#478-121\" target=\"_blank\" rel=\"noopener\">Subpart H<\/a>, rather than using an ATF Form 4473 when firearms are transferred to other licensees, including transfers by a licensed sole proprietor to that person\u2019s personal collection.<\/em><\/li>\n<\/ol>\n<p><em><a class=\"button atf-downloads-tracking-processed\" href=\"https:\/\/www.govinfo.gov\/content\/pkg\/FR-2024-04-19\/pdf\/2024-07838.pdf\" target=\"_blank\" rel=\"noopener\">Read Final Rule<\/a><\/em><\/p>\n<\/div>\n<p>Based on their own wording, it is unlikely Malinowski was making the majority of his income from selling firearms since being the executive director of a national airport pays pretty well last time we checked. (It\u2019s ironic that the airport he was director of is the Bill and Hillary Clinton National Airport as Bill Clinton was president of the United States and head of the federal government at the time the Waco siege took place.) And despite this new rule from the ATF, it will be of no help to them in defending their actions in Little Rock. The \u201cEngaged in the Business\u201d rule may be part of the falsely named \u201cBipartisan Safer Communities Act,\u201d but for one Little Rock family, it has already cost them a life.<\/p>\n<div class=\"wp-next-post-navi\">\n<p>\nNext Post Coming Soon&#8230;\u25b6\n<\/p>\n<\/div>\n<\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.thetruthaboutguns.com\/justice-department-atf-issue-final-rule-on-what-it-means-to-be-engaged-in-the-business-of-selling-guns\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>ATF Headquarters Next Post Coming Soon&#8230;\u25b6 On the 31st anniversary of the Federal government\u2019s assault on the Branch Davidian complex in Waco, Texas, more questions are being asked about another gross case of government overreach regarding the botched March 19 ATF SWAT team raid that killed Little Rock Airport executive director, Bryan Malinowski. Just as [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":3164,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-3163","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/3163","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3163"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/3163\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/3164"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3163"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3163"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3163"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}