The Biden administration will implement a rule restricting private sales of weapons via executive orders and the weaponized ATF. The new regulation is anticipated to be announced by the end of the year, according to the New York Times and sources confirmed by AmmoLand News.
There are preparations for President Joe Biden to declare that the ATF has been given the go-ahead to close what Everytown refers to as the “private sales loophole” and the “digital loophole.” When someone sells a firearm for a profit but does not have a Federal Firearms License (FFL), this is known as the “private sales loophole”.
Biden will ask the ATF to create a new regulation requiring an FFL for anyone who sells firearms for a profit of any kind.
Over time, the value of guns typically rises. A gun bought in 1980 will probably fetch a higher price today than it did then.
Marketplaces like Armslist Firearms Classified, where private persons can list their firearms for sale, are part of the so-called “digital loophole”. It is unclear how exactly the Biden administration will carry out its unlawful purpose of closing down these exchanges. Direct sales of firearms are not made on websites like Armslist.
Jonathan Gibbon, the founder of Armslist, was interviewed by AmmoLand News about the threats to his business and the imminent ATF rule. For years, Armslist has fought off lawsuits from anti-gun groups while avoiding conflict. Armslist has a spotless record of stopping these attacks, but the legal fees can be expensive.
“Private-party transactions are not a ‘loophole,’” Gibbon told AmmoLand News. “Buying and selling firearms is a guaranteed right under the Second Amendment. Interfering with state laws allowing citizens to exercise their Second Amendment rights should concern everyone. Americans have a First Amendment Constitutional right to use the internet, to communicate about their other Constitutional rights.”
Later this year, the draft rule is anticipated to be made official. A session for public feedback will be held after the announcement. The Biden administration hopes to announce the final regulation by the end of spring or beginning of summer 2024, and for it to take effect by the end of the following summer. The timetable is subject to change because the rule is still being developed.
The frame/receiver rule, the bump stock rule, and the pistol brace rule are examples of previous ATF rule revisions that have been successfully contested in court. The courts have determined that the ATF lacks the jurisdiction to enact these regulations in order to circumvent Congress’s legislative authority.
The ATF and Justice Department will assert that the authority to require private sellers to get an FFL was conferred to them by Congress under the Bipartisan Safer Communities Act (BSCA) in an effort to avoid suffering another setback.
The passing of the Bipartisan Safer Communities Act last year changed the definition of what it means to be “engaged in the business” of dealing firearms. Section 12002 of the law outlines the definition. Read the BSCA at https://t.co/AA0Mu10KYc. #ATF pic.twitter.com/Rmi3u73uyV
— ATF HQ (@ATFHQ) August 4, 2023
The BSCA was a massive gun control bill that passed Congress with the support of some Republicans. The bill changed the definition of a “gun seller.” The BSCA altered the wording of Section 921(a) of Title 18, United States Code. The BSCA altered the definition of someone “engaged in the business” of selling guns from “with the principal objective of livelihood and profit” to the ambiguous statement of “to predominantly earn a profit.” Now the Biden Administration is exploiting that change through the upcoming rule. From the text of the BSCA:
(22) The term `to predominantly earn a profit’ means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.
Numerous pro-gun organizations tried to alert Republicans, including Senator John Cornyn, the primary architect of the BSCA, that the Biden administration would take advantage of the anti-gun bill. However, their cries went unheeded.
Everytown for Gun Safety is the key organization driving the new regulation. The increased requirements for dealers to get an FFL are seen by the Bloomberg-backed anti-freedom group as a step toward universal background checks (UBC).
The organization has given President Biden and other Democratic lawmakers millions of dollars, and they will need that money for the forthcoming elections.
A key component of the Biden anti-gun agenda, universal background checks have so far failed to gain traction in Congress. The White House is acting in what it sees as the best possible way since the President is unable to enact any legislation that contains UBCs.
The ATF claiming jurisdiction through the BSCA demonstrates that the recent losses have the ATF racing to avert future losses by referring to legislation, even if the law has to be taken out of context. This rule demonstrates to the gun community that any “compromise” will be utilized against gun rights.