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WLS Double Tap – 334 MARCHER
1 hour 6 minutes Posted Dec 5, 2023 at 9:13 am.
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Show notes
Welcome to Double Tap, episode 334! ATF's rule change shakes up bureaucracy - NPRM 2022R-17 aims to redefine firearm dealing. #DearWLS dives into suppressors, lever gun combos, and PDW-sized guns - because regular gun debates are so last season. Rob K, the auction hero who outbid Jeremy, spills the tea. #MAKINGNEWS from Pew Report: Tokarev USA TX3 20HD A1, Marlin 1894's comeback, and Savage's sleek KLYM Rifles - because why not add a sprinkle of firearm glamour to your newsfeed? Tune in for snark, sass, and a dash of ATF intrigue.



Policy and Powder



Link to the rule change




Origin and Purpose:

The rule change is a part of ATF's notice of proposed rulemaking (NPRM) 2022R-17, which was signed by the Attorney General on August 30, 2023​​.



It's intended to implement the provisions of the Bipartisan Safer Communities Act (BSCA), enacted on June 25, 2022​​.





Expanded Definition:

The BSCA expanded the definition of engaging in the business of firearms dealing. It now covers all persons who devote time, attention, and labor to dealing in firearms as a regular course of trade or business, primarily to earn a profit through the repetitive purchase and sale of firearms​​.





Licensing and Background Checks:

This new regulation clarifies the circumstances under which a person is considered "engaged in the business" of dealing in firearms. Those who meet this definition are required to obtain a license and run background checks​​.





Profit Motive:

The rule aims to clarify what it means for a person to be “engaged in the business” of dealing in firearms, particularly focusing on the intent to “predominantly earn a profit” from the sale or disposition of firearms​​.





Impact on Dealers and Auctioneers:

The term “dealer,” including its application to auctioneers, is also clarified under the proposed rule​​.





Closing Loopholes:

The rule is expected to close potential loopholes that previously allowed individuals to avoid background checks. It will require anyone who sells firearms to earn a profit to register as an FFL (Federal Firearms Licensee) and perform background checks​​.






This proposed rule marks a significant change in how firearm dealing is regulated, especially focusing on the profit motive and closing loopholes in the background check process. It seems to be aiming for more stringent control over who can legally sell firearms and under what conditions.



Possible comments:




Impact on Law-Abiding Citizens:

"This rule risks classifying ordinary citizens as dealers for simply selling a few personal firearms. It imposes undue burdens on law-abiding gun owners, complicating legitimate transactions without clear benefit. Such overreach can turn regular Americans into unintentional lawbreakers."





Ineffectiveness Against Criminal Activity:

"Criminals don't follow laws; adding more regulations won't change that. This rule targets regular gun owners instead of addressing actual criminal activity. We need solutions that focus on crime, not hindering lawful gun owners."





Unnecessary Complexity:

"The proposed definition of ‘engaged in the business’ adds unnecessary complexity and confusion for everyday gun owners. It creates a vague threshold that could inadvertently penalize normal, occasional sales. Clear, simple guidelines are needed, not overbearing regulations."