The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is developing a new rule that could completely change things for gun owners across America. It would force many more people to get a federal firearms license if they’re selling guns. If the new rule passes, it’ll take effect pretty soon.
License to Sell
Under this proposed new law, almost anyone selling a gun will have to get a federal firearms license. The main aim of this law is to allow the ATF to keep tabs on who’s selling what because they believe this will make things safer for everyone. Of course, not everybody supports it, as critics argue it violates their freedom.
Fighting Illegal Gun Trafficking
Another goal of this new rule is to cut down on illegal gun trafficking. The ATF and supporters of the law hope it will make it harder to sell guns without a proper license, meaning that guns will have to be sold the right way. In doing so, they hope that our neighborhoods will become a lot safer.
The Safer Communities Act
This new proposal began with the 2022 Safer Communities Act, which was meant to make sure that anyone selling guns for profit is doing so by the book. This includes running background checks so that everyone’s playing fair. This way, the ATF can make sure that guns don’t end up in the wrong hands, and that’s good news for everyone.
Self-Defense Guns
The rule also changes things around self-defense guns, as they’re no longer classified as a personal collection. This means that selling them could lead to some serious issues if you’re not careful. Clearly, the way that the ATF views private sales is changing, which could cause problems for a lot of responsible gun owners.
Don’t Get Caught Out
If you don’t follow this rule, it could seriously cost you, both in terms of a huge fine or possibly even some time behind bars. These steep penalties are meant to make an example of anyone who tries to avoid the law. So, if you’re thinking about selling that old shotgun in the attic, you’ll need to make sure you’re doing it right.
Deciding a Dealer
The ATF wants to keep an eye on anyone who they believe needs to be a licensed dealer, although some people aren’t keen on these proposals. Critics argue that casual sellers might not realize they count as dealers and may not get a federal license. This could lead to them accidentally breaking the law and facing punishment because of it.
Licensed Dealers
Licensed dealers do all the heavy lifting when it comes to selling a gun, including running background checks. They also have to keep track of who bought what and make a note of it. This way, the cops can trace any firearms that end up in the wrong hands and figure out the path of how they got there.
Keeping Records
Gun shops will have to keep records of any gun sales for as long as they’re in business instead of just the last few years. The ATF claims this will help them to track down any firearms that are used in a crime. After all, better record-keeping means giving law enforcement a better chance of solving cases.
What Counts as Business?
Similarly, the rule isn’t exactly clear about what “engaging in business” means, as there’s no limit on how many guns you need to sell for it to count as a business. This legal gray area makes things difficult for the average American. They might not be selling guns full-time but may sell a large amount occasionally, and it’s unclear if this means they’d need a license.
New Definitions
Critics also argue that this new way of defining who a dealer is could make things difficult for anyone who just wants to upgrade their gear or sell a few pieces. Even people handling their own collections may be fined if they don’t apply for a license. In this case, you should speak to a professional who can help clear things up.
In the Wrong Hands
But that’s not all. If a gun that you sold gets lost or is used in a crime, the ATF may be able to trace it back to you and force you to undergo questioning. This makes keeping good records and documenting every gun transaction more important than ever. After all, you never know what kind of trouble not doing this could lead to.
The Fine Print
Of course, there are some exceptions to this rule new rule, including occasional sales or gifts. Unfortunately, some of these exemptions are quite specific, and it can be difficult to know whether your gun sale counts or not. Your best bet is to talk to a lawyer before making any transactions.
Other Regulations
The new rule will also fight the issue of “ghost guns,” which are essentially DIY kits that people can use to make real guns. These proposed changes will mean that these ghost guns are treated just like real guns and won’t slip through the cracks. The ATF claims it will make it harder for people to get these untraceable guns.
Closing Online Loopholes
Even if you’re selling guns online only, the rules will still apply to you. You have to follow the same rules as physical stores, which means also running background checks and keeping track of any sales you’ve made. Currently, some of the ATF regulations only apply to people with physical stores.
Support From Other Leaders
Several law enforcement agencies and public leaders have already shown their support for these new proposals. They claim that these tighter rules on gun sales will help to reduce gun violence across America, which they believe will help to make everyone safer. Hawaii’s Attorney General Anne Lopez, for example, supported the changes.
Official Wording
The original proposal said the new rule “would enhance the existing regulatory framework, by clarifying the situations in which individuals selling guns are subject to federal licensing and background check requirements and reducing the number of guns transferred to prohibited persons. In doing so, it would curtail the opportunities outlined above for prohibited persons to obtain firearms.”
Other Benefits
The ATF spoke about other benefits of the rule. They said, “Clarifying the scope of the requirements would also assist local, state, tribal, and federal law enforcement by ensuring that accurate and adequate records are kept for more transactions, providing them with the information they need to effectively inspect gun dealers, trace crime guns, prosecute gun charges, and help keep the communities they serve safe.”
Final Comments
The proposal concluded that “the States strongly support ATF’s thorough and well-reasoned Notice of Proposed Rulemaking regarding the definition of being “engaged in the business” of dealing in firearms. The States look forward to ATF’s adoption of the Proposed Rule and to continued collaboration with ATF and the Department of Justice to safeguard the public from the threat of gun violence.”
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