2nd Amendment updates

belvedere

Administrator
Staff member
- ATF Report on
National Firearms
Commerce & Trafficking

Their report undermines Biden's " Zero Tolerance " policy and proves the fake "gun show loophole " doesn't exist.​


ATF and the Justice Department just released their Report on National Firearms Commerce and Trafficking and, oops, they said the quiet part out loud!

Their report undermines Biden’s “Zero Tolerance” policy and proves the fake “gun show loophole” doesn’t exist.

Anti-gunners love to hate on fake loopholes and scapegoats, but ATF says that few of its gun trafficking investigations ever lead to gun stores or gun shows!

In fact, according to the report they only focus on major firearms trafficking 1% of the time—these are criminals trafficking 250+ firearms each, who account for 59% of all trafficked firearms. Instead, ATF wastes 57% of its time investigating gun owners who sold “five or fewer” guns.
 
Here is another Jim Dandy rule that just got put in.

ATF Final Rule 2021R-05F: Definition of "Frame or Receiver" and Identification of FirearmsTo address these circumstances and needs, in May 2021, ATF began the federal rule making process to update the regulatory definition of firearm and "frame or receiver," and to establish a regulatory definition for "Privately Made Firearms" (PMFs). On April 11, 2022, after full public notice and comment on the proposed updated and new definitions, the Attorney General signed ATF Final Rule 2021R-05. FinalRule 2021R-05F amended 27 CFR § 478.11, the section of the GCA regulations that sets forth regulatory definitions of terms used in the GCA. The definitions of "firearm" and "frame or receiver" in Section478.11 had not been updated since enactment of the GCA in 1968. The Final Rule modernized the definitions of "firearm" and "frame or receiver" to reflect changes in firearm design and manufacturing; it also set forth, for the first time, a regulatory definition for the term "privately made firearm" (PMF). TheFinal Rule defines PMF to mean a firearm, including a frame or receiver, completed, assembled, or otherwise produced by a person other than a licensed manufacturer, and without a serial number placed by a licensed manufacturer at the time the firearm was produced. The term does not include a firearm identified and registered in the NFRTR pursuant to Title 26, U.S.C. Chapter 53, or any firearm manufactured or made before October 22, 1968 (unless remanufactured after that date).The term PMF encompasses several different types of un-serialized firearms, including those made using commercially sold parts and kits. It also encompasses machine gun conversion devices, such as "drop in auto sears" and "switches," even though these devices do not themselves fire projectiles, because they convert semi-automatic firearms to fire as fully automatic weapons. As such, these devices fall within the definition of"machine gun" in both the GCA and NFA.Firearms industry vernacular and marketing have historically used a variety of terminology to describe items sold or distributed to produce a PMF. Commonly used industry terms include "80%-kit", "80%-gun", "80%-receiver", "lower 80", unfinished frame, kit gun, jig gun, casting, receiver blank, receiverbody, printed gun, wiki-gun, 3D gun, downloaded gun, homemade gun, flat, ghost gun and switch.According to the Department ofJustice, Final Rule 2021R-05F, which was published in the FederalRegister on April 26, 2022, and will become effective on August 24, 2022, is designed to address thepublic safety concerns associated with the proliferation of un-serialized PMFs in several ways. These include (1) To help keep guns from being sold to convicted felons and other prohibited purchasers ,the rule makes clear that retailers must run background checks before selling kits that contain the parts necessary for someone to readily make a gun. (2) To help law enforcement trace guns used in a crime, the rule modernizes the definition of frame or receiver, clarifying what must be marked with a serial number - including in easy-to build firearm kits.(3) To help reduce the number of unmarked and hard-to-trace "ghost guns", the rule establishes requirements for FFL dealers and gunsmiths to have a serial number added to 3Dprinted gunSee, Justice Department Announces New Rule to Modernize Firearm Definitions IOPA I Department of Justice.
 
I have read and re-read this several times and i still am not sure what they are talking about "adding a serial number." I CAN'T add a serial number. It is illegal under their statues for an 01 FFL to modify a gun or serial number. IF you have a manufacturers license an 07 you can put your own serial number on the gun but not modify an existing number. . It appears to me they are requiring an FFL to commit a felony. Then you have this---straight from the ATF rules book.

Does an individual need a license to make a firearm for personal use?​


No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non–sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x–ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.
[18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]
 
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Final Rule: Definition of “Engaged in the Business” as a Dealer in Firearms

On April 10, 2024, the Attorney General signed ATF’s final rule, Definition of “Engaged in the Business” as a Dealer in Firearms, amending ATF’s regulations in title 27, Code of Federal Regulations (“CFR”), part 478. The final rule implements the provisions of the Bipartisan Safer Communities Act (“BSCA,” effective June 25, 2022), which broadened the definition of when a person is considered “engaged in the business” as a dealer in firearms (other than a gunsmith or pawnbroker). The Final Rule clarifies that definition. It will be published in the Federal Register and will be effective 30-days from publication.

This final rule incorporates BSCA’s definitions of “predominantly earn a profit” and “terrorism,” and amends the regulatory definitions of “engaged in the business as a dealer other than a gunsmith or pawnbroker” and “principal objective of livelihood and profit” to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public.

The final rule clarifies when a person is “engaged in the business” as a dealer in firearms at wholesale or retail by:

clarifying the definition of “dealer,” and defining the terms “purchase,” “sale,” and “something of value” as they apply to dealers;
adding definitions for the term “personal collection (or personal collection of firearms, or personal firearms collection),” and for “responsible person”;
setting forth conduct that is presumed to constitute “engaging in the business” of dealing in firearms, and presumed to demonstrate the intent to “predominantly earn a profit” from the sale or disposition of firearms, absent reliable evidence to the contrary, in civil and administrative proceedings;
clarifying that the intent to “predominantly earn a profit” 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;
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;
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
clarifying that licensees must follow the verification and recordkeeping procedures in 27 CFR 478.94 and Subpart H, rather than using an ATF Form 4473 when firearms are transferred to other licensees, including transfers by a licensed sole proprietor to that person’s personal collection.
Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register.
 
Can you clarify that to a layman?
Pretty much what it is saying is you won't be able to sell guns even private sales without being an FFL and paying for a license. It was predicated on how many guns a private individual bought or sold in a year, then they decided if it was a for "profit" is what defined a dealer, then if you remember that short fat woman that met with Hilary on the tarmac who was AG said "even one gun makes you a dealer" and now it has come to fruition under Mr Bobblehead.
The ATF has now written a regulation WITH a penalty attached that basically says after this new regulation is printed in the Federal Register ( presumably in June of this year) that all gun sales will need done by a person with a license, also it doesn't have to be making a profit, AND that it doesn't require any proof that any money changed hands if they want to prosecute for selling for a terrorist or criminal purpose. It also means money does not have to be involved at all. If you trade a gun for a herd of duck or you neighbors jackass you will still be classified as a "gun dealer."
The thing also is installing some new rules as to how a licensee can dispose of inventory if their license is revoked ( the government give and the government taketh away) or the licensee gives up their license. I haven't finished reading that part much less understanding it.
 
So.............what if I sell my collection to an ffl? I would need a license to do so? That sounds preposterous. They are going to ruin everyone's investment doing this.
 
They didn't clarify that. From what I am seeing is that if the FFL goes out of business he can't sell the inventory unless a certain form ( that is not yet in existence) is used. Even if you could sell to an FFL you would only get at best wholesale price and that ain't for shit. I'm trying to get a copy of the thing before it's published in the Federal register but I'm not having much luck. If it's not in the register yet it doesn't have a code so you can't find the actual document unless you have access to submitted document not just published documents. By the time it's published you are already screwed, blued and tattooed.
 
quote "Even if you could sell to an FFL you would only get at best wholesale price and that ain't for shit."

That really isn't how I would relinquish my collection. I just used that as an example to discuss the new ruling hat was mentioned. However, I have been thinking about this the last couple of days and have been wondering what would be the best way to relinquish a collection. In a few years I will be in that boat. It has taken years of investing in firearms for me and as I will always keep some, many will be sold as part of my retirement so to speak. Selling one at a time on my own over a period of time seems time consuming along with all involved with the shipping process and material. I really don't want to fool with all that. I have also thought about a local auction house to take care of everything. So.......what is a good way to get the best return on an investment of this kind?
 
For right now it is probably just going to be a wait and see type thing. I don't see how this can stand a Supreme Court challenge but stranger things have happened and it takes years to overturn these things. It's going into effect like it or not because it's already scheduled to be printed in the Federal Register. If and that's a big if this thing stands it would probably be best to get you an FFL in order to sell YOUR guns. This sucks. Even if you sell on consignment to an FFL according to this new BS it would still make you a dealer because a sale is a sale according to what it says now. The other option as I see it is to become outlaw and sell one or two at a time, face to face, and let the loose end drag and hope for the best. Just be sure to not sell any to a guy with a high and tight haircut, wearing a dark windbreaker and driving a black Suburban.
 
It said that it had passed out of committee in the house. I can't find where it had been put on the docket to be brought up for a vote. Then again that doesn't mean a whole lot because they can attach it to another bill or change the bill number and you can't find it because that number is not showing up in a search. It could very well be up for a vote in the house and if it is the democrats will pass it.
 
I don't believe all the stuff in the internet but in this case it very well could be true. We are in a battle in Alabama now that wants BC to support a bill to pass a law that would establish a "safe holding" place for a person to take their gun and have it stored safely if they feel depressed or things they might use it to hurt themselves. They say they would let certain approved FFL's or Sheriff's offices hold the gun for 3 months and then return it to the person that had it stored if they feel like they no longer entertain thought of harming themselves. This is the biggest load of horseshit I have ever heard of. It is wrong on sooooooo many levels. What's y'all thoughts? I have to write a response to this today. We are supposed to sit in on a conference this week and submit our views. There is a JOINT committee now that is pushing the bill. The main sponsor is a democrat named Sinclair in the State Senate and the other sponsor is a Republican in the house. They are toting it as a "way to save mentally ill adults and save children." If y'all have any thought on this speak up. I need all the help I can get writing this thing this afternoon.
 
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