ATF Rule Requires Smugglers to Get NICS Checks on Gun Sales

[Reptile]

The ATF’s background check rule changes the definition of the word “dealer” to now include people who smuggle guns into other countries for the purpose of selling them, therefore requiring said smugglers to avail themselves of National Instant Criminal Background Check System (NICS) checks.


Breitbart News reported the ATF’s announcement of the proposed rule on August 31, 2023. The rule redefines what it means to be “engaged in the business of selling guns,” thereby expanding the instances in which an unlicensed seller — i.e., a private citizen — must use the NICS to sell or transfer a gun.

The rule largely centers on guns being sold for “profit,” however, on pages 26-27 it equates “pecuniary gain” with “profit,” opening the door for the ATF to redefine the word “sale” so as to require a NICS check when a private seller is “bartering” over a gun.

On page 194 of the 466-page rule, the ATF makes clear that people who smuggle guns out of the country in order to sell them abroad now fall under the “dealer” category.


From the rule:

Unlicensed persons who purchase firearms in the United States and smuggle or take them out of the United States (or conspire or attempt to do so) for sale in another country would be violating 18 U.S.C. 924(k)(2)(B), among other provisions of U.S. law. This is not conduct “wholly outside the United States,”…Accordingly, this rule now clarifies in the definition of “dealer” that purchases or sales of firearms as a wholesale or retail dealer may occur “at any other domestic or international public or private marketplace or premise.”

The ATF even took time to defend the inclusion of smugglers in the definition of “dealers”:

The Department disagrees that the rule seeks to assert extraterritorial jurisdiction in excess of statutory authority by referencing “international marketplaces” in the definition of “dealer.” The statutory prohibition at 18 U.S.C. 922(a)(1)(A) makes it unlawful for unlicensed persons “to ship, transport, or receive any firearm in interstate or foreign commerce.” Including “international” marketplaces in the definition of “dealer” is consistent with Congress’s intent to regulate unlicensed sales in “foreign” commerce.

Once smugglers are officially labeled as dealers, they are required to perform all the duties that pertain to that categorization, and that includes NICS checks.

ATF Rule Requires Smugglers to Get NICS Checks on Gun Sales

The ATF’s background check rule changes the definition of "dealer" to now include people who smuggle guns into other countries to sell them.

www.breitbart.com

 

[OnTheRoad]

So when Joe Smuggler sells a gun and does the requisite background check, does that then make the AFT an accessory to the underlying crime by facilitating the transfer? Maybe there needs to be a line on the 4473 asking if the transaction is between a smuggler and buyer.

 

[Dennis in MA]

Didn't Glen French Fries predict this almost 40 years ago?



It had something to do with destroying your mag release by slamming the magazine home 100 times in a 4 minute video. ROFL!!!

(that was funny as hell. Every time the bad guy is shown, he is slamming the mag home on his 1911. Jim Belushi did the same thing on SNL around the same time. Ed Asner was host and they were doing this "Get Mr. Grant Out of MTM" skit and Belushi was the commando. Kept ejecting and re-inserting his mag over and over in the scene. LOL)

 

[PDB]

So basically this is the same as Al Capone finally getting arrested for tax evasion. They might not get them for smuggling, but they'll throw the book at them for not following administrative rules.

 

[Twigg]

Beyond silly and full speed into STUPID !

 

[Dennis in MA]

So basically this is the same as Al Capone finally getting arrested for tax evasion. They might not get them for smuggling, but they'll throw the book at them for not following administrative rules.

Or mASSachusetts residents for not "registering" a firearm even if it isn't involved in the commission of a crime in the first place or part of any real "registry" by the NoCommonSenseWealth.

 

[Ultrarunner]

I thought this was sarc. Leave it to the stupidity of bureaucrats.

 

[Dench]

The ATF isn't even trying anymore

 

[Zappa]

So basically this is the same as Al Capone finally getting arrested for tax evasion. They might not get them for smuggling, but they'll throw the book at them for not following administrative rules.

Mass did something similar back in the 80's when marijuana was still illegal.
They wanted dealers to purchase "marijuana tax stamps" from the department of revenue, and attach them to every bag of weed they sold to prove they paid taxes on it. Of course it was a completely failed program, but some people did buy a few stamps as collectibles and souvenirs.

Massachusetts Tax Stamps - NORML

Stamp State Code Ch. 64K, §4 Tax Rate $3.50/gram if owner possesses 40 grams or…

norml.org

 

[HorizontalHunter]

And they better not forget to file their taxes.

 

[Dennis in MA]

I thought this was sarc. Leave it to the stupidity of bureaucrats.

Any dumber than them creating another "public safety" law that only law-abiding people will follow in the first place???? The government is not a collection of Mensa candidates.

 

[240Geezer]

Well heck. That's gonna complicate my future business plan a tad.

 

[drgrant]

So basically this is the same as Al Capone finally getting arrested for tax evasion. They might not get them for smuggling, but they'll throw the book at them for not following administrative rules.

Except that it will never result in a conviction.

This is an example of government going full retard, bordering on virtue signaling. The government can't even keep illegals out of our country what makes anyone believe that they're going to stop somebody from exporting guns whenever they want?

 

[HorizontalHunter]

Except that it will never result in a conviction.

This is an example of government going full retard, bordering on virtue signaling. The government can't even keep illegals out of our country what makes anyone believe that they're going to stop somebody from exporting guns whenever they want?

Exactly,
Laws are only for the law abiding.

 

[powerman]

And they better not forget to file their taxes.

View attachment 873585

I aways figured you should pay something. Put some small amount percentage an if caught your covered.
Just don't say what its for.