More ATF BS; closing the "private sale loophole"

[allen-1]

One of the things that I truly love about GA is that private party gun sales that require NOTHING from the state are legal. People here tend to ask to see the buyer's weapons permit, but that's about it, (because selling to a prohibited person is a problem).

The ATF would like to change that.

New Leak Shows ATF Will Pass Rule to Eliminate Private Sales

The Biden administration will use executive orders and the weaponized ATF to issue a rule limiting the private sales of firearms.

www.ammoland.com

 

[jkelly1229]

Good luck...

 

[kevin9]

Biden admin and ATF continue using the Spaghetti Wall Test method for rule-making (and EOs).

 

[Chevy 2 65]

 

[StevieP]

FFS - private sales without a BG check is not a "loophole." It was a specific carve-out (part of "legislative intent") that was part of the Brady background check bill. They never would have gotten dealer/FFL background checks passed if they DIDN'T allow for private sales without them.

Also -- "I'll sell you this stripped lower for $1 -- NO PROFIT -- if you buy this pencil for $300." Or is there a law about selling #2 pencils for profit?

 

[JackOfAllTrades]

FFS - private sales without a BG check is not a "loophole." It was a specific carve-out (part of "legislative intent") that was part of the Brady background check bill. They never would have gotten dealer/FFL background checks passed if they DIDN'T allow for private sales without them.

Also -- "I'll sell you this stripped lower for $1 -- NO PROFIT -- if you buy this pencil for $300." Or is there a law about selling #2 pencils for profit?

Today's compromise is tomorrow's loophole.

 

[hunt4riches]

This one's easy, buy a gun for MSRP+$1,000 and get $1,000 cashback at time of sale. Your cost is still $MSRP+$1000. So as long as you sell for $MSRP +$999 you're good. Or, just ignore the stupid rule. Burden of proof is on them what you paid for the firearm (hint, they have no idea...).

 

[milktree]

OK, fine. let me get an FFL. I'd be just fine happy if I could get a pre-Clinton era kitchen table FFL.

What? I can't have an FFL because I don't sell enough guns? Fine, I'll sell without an FFL. Wait, that's not OK either?

"for a profit"? What the f*** is that all about? Now apply it to houses. Or cars. Or beanie-babies. Or baseball cards, comic books, or Sriracha, or Nvida cards, or bitcoin, or stocks.

Do you need to have a real estate licence or automotive dealer's licence, or retail establishment licence, or a pawnbroker's licence?

 

[StevieP]

AFAIK the beginning of this wikipedia part is true, and WAS part of the legislative intent (provisions). And also AFAIK the underlined part is NOT true, and is a mistake on this wiki. It may be what they want, but isn't true nationally.

 

[KBCraig]

One of the things that I truly love about GA is that private party gun sales that require NOTHING from the state are legal.

Georgia and 33 other states.

 

[Zappa]

View attachment 784141

AFAIK the beginning of this wikipedia part is true, and WAS part of the legislative intent (provisions). And also AFAIK the underlined part is NOT true, and is a mistake on this wiki. It may be what they want, but isn't true nationally.

Do you think it's possible that Wiki did this intentionally (at the request of their leftist overlords) to fool people into believing that this is the law ???

 

[StevieP]

Do you think it's possible that Wiki did this intentionally (at the request of their leftist overlords) to fool people into believing that this is the law ???

Anything is possible.

I choose to believe someone thought a proposed amendment really passed vs it being an act of malice on the wiki.

 

[drgrant]

Good luck...

This, the outcome will largely be more biden virtue signaling stupidity but very little on the ground otherwise.

 

[67ray]

Also -- "I'll sell you this stripped lower for $1 -- NO PROFIT -- if you buy this pencil for $300." Or is there a law about selling #2 pencils for profit?

Childish games like this don't work in Federal Courts. Something so transparent won't even slow down your prosecution.

.

 

[Mesatchornug]

 

[PappyM3]

Unfortunately, this one is going to be difficult to overturn, because of the law Congress passed last year.

They changed the need to obtain an FFL from “engaging in the business” from meaning:

“with the principal objective of livelihood and profit”
To
“to predominantly earn a profit”

I still think they’re way overreaching. The intent was clearly, but they’re going to use that change of USC as justification.

 

[StevieP]

Childish games like this don't work in Federal Courts. Something so transparent won't even slow down your prosecution.

.

Unless you're a Biden, apparently...

 

[Varmint]

Today's compromise is tomorrow's loophole.

You don’t compromise with an opponent who wants to destroy you.

Well unless you’re the GOP.

 

[timbo]

You don’t compromise with an opponent who wants to destroy you.

Well unless you’re the GOP.

 

[inerlogic]

View attachment 784141

AFAIK the beginning of this wikipedia part is true, and WAS part of the legislative intent (provisions). And also AFAIK the underlined part is NOT true, and is a mistake on this wiki. It may be what they want, but isn't true nationally.

i just edited the wiki to take that out...

 

[Dennis in MA]

Damn. I might be on the ATF's side on this one. It would certainly expedite my ability to get "pre-ban-configured" firearms in MA legally without state interference. "Sorry, I'm a dealer."

Imagine if Maura et, al, actually came out AGAINST this as it ends up end-running MA laws.

What's the difficulty in becoming a Class III dealer??? Even just for silencers. Dealers can have silencers, right? For demonstration to potential customers????

 

[s&w3913]

I just FFL everything. Not getting roped into nonsense

 

[71montess]

I just FFL everything. Not getting roped into nonsense

Maybe you can't mentally handle a private sale, so the rest of us should not have that ability taken away ! Is that what your saying ?

 

[not new guy]

I just FFL everything. Not getting roped into nonsense

Good luck transferring most common handguns through an FFL in MA.

 

[allen-1]

I just FFL everything. Not getting roped into nonsense

If you're in MA, that severely limits you to the list of handguns you can purchase.
"No Glock for you" as one example.

 

[namedpipes]

One of the things that I truly love about GA is that private party gun sales that require NOTHING from the state are legal. People here tend to ask to see the buyer's weapons permit, but that's about it, (because selling to a prohibited person is a problem).

The ATF would like to change that.

New Leak Shows ATF Will Pass Rule to Eliminate Private Sales

The Biden administration will use executive orders and the weaponized ATF to issue a rule limiting the private sales of firearms.

www.ammoland.com

Since that's blatantly unconstitutional, I'd expect we can safely ignore any such regulations.

 

[namedpipes]

I just FFL everything. Not getting roped into nonsense

You don't need to get roped into it.

You roped yourself

 

[s&w3913]

I just FFL everything. Not getting roped into nonsense

It’s an NC thing pre purchase permit stuff. In MA I would use the FA-10 or whatever it is portal online.

 

[xtry51]

I have a better idea. Repeal GCA 68. No BGCs ever. Like how it was here in US for the first 200 years.

 

[DispositionMatrix]

Seems as if this should be in the Bipartisan Safer Communities Act of 2022 thread, for which Republicans happily voted. Executive Order 14092 (2023), directing the AG to
implement a plan to

• expand background checks by redefining who is "in the business of" selling firearms to include more private sellers and
• expand the Undetectable Firearms Act,

was a result of that law.

This is why one never should give an inch or succumb to the fiction that a law championed by the civilian disarmament lobby and intended as an umbrella for additional prohibitions is no big deal.