Via Ammoland Inc. Posted on by John Crump
The Biden administration will use executive orders and the weaponized ATF to issue a rule limiting the private sales of firearms. According to The New York Times and verified by AmmoLand News sources, the new rule is expected to be unveiled by the end of the year.
President Joe Biden plans to announce that he is directing the ATF to close what Everytown calls the “private sales loophole” and the “digital loophole.” The “private sales loophole” is when an individual sells a firearm for profit but does not possess a Federal Firearm License (FFL). (RELATED: Massive Noncompliance: ATF Says Only 250,000 Braced Pistol Owners Registered Their Guns)
Biden will call on the ATF to develop a new rule requiring anyone who makes any profit by selling firearms to possess an FFL. Guns tend to increase in value over time. A gun purchased in 1980 will likely sell for more money today than its original value.
The so-called “digital loophole” includes marketplaces like Armslist Firearms Classified, where private individuals can list their firearms for sale. The Biden administration wants to see these marketplaces shut down, but it is unclear exactly how that unconstitutional goal will be accomplished. Websites like Armslist do not sell firearms directly.
AmmoLand News spoke to Armslist Founder Jonathan Gibbon about the attacks his company faces and the upcoming ATF rule. Armslist has been battling anti-gun groups for years, fending off several lawsuits. Armslist has a perfect track record at defeating these attacks, but the cases are costly.
“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.”
The rule, currently in draft form, is expected to be announced later this year. The announcement will be followed by a public comment period. The Biden administration aims to reveal the final rule by late spring or early summer of 2024 and for it to go into effect by the fall of next year. The rule is still in the early stages of development, so the timeline is subject to change. (RELATED: Pentagon Spying On Everything For Bad Comments About Generals)
Previous ATF rule changes, such as the frame/receiver rule, bump stock rule, and pistol brace rule, have been successfully challenged in court. The courts have ruled that the ATF does not have the authority to pass these rules subverting the powers of Congress to make laws. In an attempt to head off another defeat, the ATF and the Justice Department will claim that the power to require private sellers to obtain an FFL was delegated to them by Congress through the Bipartisan Safer Communities Act (BSCA).
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.
Many gun rights groups tried to warn Republicans such as Senator John Cornyn, chief architect of the BSCA, that the Biden administration would exploit the anti-gun law, but these pleas were ignored.
The main force pushing for the new rule is Everytown for Gun Safety. The Bloomberg-backed anti-freedom group sees the new requirements for sellers to obtain an FFL to get closer to universal background checks (UBC). President Biden and other Democrat politicians have taken millions of dollars from the group and will need the organization’s war chest for the upcoming elections.
Universal background checks have been a cornerstone of the Biden anti-gun plan, but so far have been a non-starter in Congress. With the President unable to pass any bill that includes UBCs, the White House is doing what it considers the next best thing.
This rule shows the gun community that any “compromise” will be used against gun rights, and the ATF claiming authority through the BSCA shows that the recent losses have the ATF scrambling to prevent future losses by pointing to legislation even if the law has to be taken out of context.
Find the original article in its entirety at Ammoland.
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Silly me, I didn’t know that the President or any of this country’s federal agencies were authorized to make laws.
Of course, I guess if Congress and the Senate aren’t in charge of making laws and helping run this country anymore, then someone’s gotta’.
Any federal court can tell Dopey Joe his EO is unconstitutional but there are so many activist judges in the federal system it will have to go to the the SCOTUS as always. I now how we could stop all of this miscellaneous trivial nonsense. When ever a higher court has to throw out or overturn a lower courts ruling the people bringing that matter to the court needs to pay a few million dollars into the treasury. But after three such rejections the judges in the lower courts lose their law license along with their job.
To block business & we all lose
And Congress should immediately jump on an executive order concerning the Second Amendment. The words “shall not infringe” in the Second Amendment means that not even Congress can screw with 2A much less a one man show that is a corrupt an alleged president. But again the liberals need to push the envelop to give the SCOTUS the final word that Biden’s EO is unconstitutional. I know the
“Big Guy” is senile and mentally dead but shouldn’t someone tell him about the Constitution and it’s treasured amendments ?? And the MSM knows this too. But they are useless too, just like the Big Dumb Guy.
Whoever is running the country for Dementia Joey has got to be exposed, stopped and well you know.
It is clearly Obamas third term,and he is going for a fourth stolen term. Obama planned to destroy the U.S.A. and is using”Joe the talking dummy” for the face of Obamas dirty work to continue that destruction of our country,and freedom!
Why do we need a large, expensive Congress – Biden and the ATF seem to be doing more legislating than them! Jus Sayin…
Someone needs to read the Second Amendment to these people – that seems to me to be a non-constitutional effort wasting both time and money. Oh well, anything to provide employment for lawyers!
They are desperate to get your weapons so they can raid your homes and proceed with the great reset.
Regarding the possibility/likelihood of the ATF once again making law, a function of The Congress, since when has this bureaucratic agency attained law making power/authority is an all to appropriate question. Answers are required, and they are required RDN, as in RIGHT DAMNED NOW.
The ATF merely enforces laws passed by Congress. If any agency, can make any rule, which is no less a law, why do we need Congress?