Biden and his cronies in the White House have cooked up a new unconstitutional gun control "rule" for ATF to enforce.
ATF is trying to eliminate the private sale of firearms without background checks and registration paperwork. They're essentially accusing anyone of selling a gun of being "engaged in the business" of dealing in firearms and requiring a federal gun dealer license.
You might think that you'd actually have to meet some threshold of firearms sold to need a license—hit the benchmark and you're no longer just a lemonade stand on the side of the road; you've got to get a business license and obey local regulations.
Well, in 1979, ATF decided against "establishing a threshold number" on the theory that gun-owning patriots like you could simply stay below the threshold and "avoid obtaining a license...." This is a bit like saying that it would be a bad idea to post a speed limit because drivers might actually go under the speed limit.
Instead, ATF's new rule says you might not be allowed to sell even one gun to your family member without getting a government license and filling out the proper registration paperwork. Also, ATF thinks you can be engaged in the business without ever acquiring or selling a single firearm!
So, does ATF have any legal footing to stand on? Let's take a look at the statute.
The statutory definition of "engaged in the business as applied to a dealer in firearms," is:
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 his personal collection of firearms.
That doesn't sound like it covers you selling a gun to your cousin at Thanksgiving, does it?
You're right! Contrary to ATF's proposed rule that a person can be engaged in the business without ever making a business deal, the statute enacted by Congress contains at least six clear indicators that more is required.
ATF is flat-out wrong when it says that "even a single firearm transaction or offer to engage in a transaction [without any actual transaction], when combined with other evidence, may be sufficient to require a license." Let's briefly prove just how wrong ATF is on each of these six counts:.......more........
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