A firearm with a pen laying on an official application to own or manufacture a firearm.

On April 10, 2024, the Attorney General signed ATF’s final rule, Definition of “Engaged in the Business” as a Dealer in Firearms, amending ATF’s regulations in title 27, Code of Federal Regulations (“CFR”), part 478. The final rule implements the provisions of the Bipartisan Safer Communities Act (“BSCA,” effective June 25, 2022), which broadened the definition of when a person is considered “engaged in the business” as a dealer in firearms (other than a gunsmith or pawnbroker). The Final Rule clarifies that definition. It will be published in the Federal Register and will be effective 30-days from publication.

This final rule incorporates BSCA’s definitions of “predominantly earn a profit” and “terrorism,” and amends the regulatory definitions of “engaged in the business as a dealer other than a gunsmith or pawnbroker” and “principal objective of livelihood and profit” to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public.

The final rule clarifies when a person is “engaged in the business” as a dealer in firearms at wholesale or retail by:

clarifying the definition of “dealer,” and defining the terms “purchase,” “sale,” and “something of value” as they apply to dealers;
adding definitions for the term “personal collection (or personal collection of firearms, or personal firearms collection),” and for “responsible person”;
setting forth conduct that is presumed to constitute “engaging in the business” of dealing in firearms, and presumed to demonstrate the intent to “predominantly earn a profit” from the sale or disposition of firearms, absent reliable evidence to the contrary, in civil and administrative proceedings;
clarifying that the intent to “predominantly earn a profit” does not require the person to have received pecuniary gain, and that intent does not have to be shown when a person purchases or sells a firearm for criminal or terrorism purposes;
clarifying the circumstances when a person would not be presumed to engaged in the business of dealing in firearms, including as an auctioneer, or when purchasing firearms for, and selling firearms from, a personal collection;
addressing the procedures former licensees, and responsible persons acting on behalf of such licensees, must follow when they liquidate business inventory upon revocation or other termination of their license; and
clarifying that licensees must follow the verification and recordkeeping procedures in 27 CFR 478.94 and Subpart H, rather than using an ATF Form 4473 when firearms are transferred to other licensees, including transfers by a licensed sole proprietor to that person’s personal collection.
Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register.

Originally Posted By HistoricArmsLLC:
Here is a link to the complaint (PDF):

https://foundation.gunowners.org/files/legal/1%20-%20Complaint.pdf

STATE OF TEXAS, STATE OF
LOUISIANA, STATE OF
MISSISSIPPI, STATE OF UTAH,
JEFFREY W. TORMEY, GUN
OWNERS OF AMERICA, INC., GUN
OWNERS FOUNDATION,
TENNESSEE FIREARMS
ASSOCIATION, and VIRGINIA
CITIZENS DEFENSE LEAGUE,
Plaintiffs,

v.

BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES,
UNITED STATES DEPARTMENT OF
JUSTICE, MERRICK GARLAND, in his
official capacity as Attorney General of
the United States, and STEVEN M.
DETTELBACH, in his official capacity
as Director of ATF,
Defendants.

Originally Posted By ricky_45:
Wow. You had to assert that you were in it to make a profit or they would not give an FFL.  Now, everyone who sells is presumed to be in it for profit and therefore you should be licensed?   Hahaha.  Everyone start applying for a license now.

Originally Posted By BSOG1:
when the law suits going in ?

Originally Posted By StevenH:
Going to kill Gun broker and armslist used gun sales

Originally Posted By JThompson:
Is this currently in affect or pending approval?
Do I have to remove my ads?

Originally Posted By realwar:

It will go into to effect in 30 days.

Originally Posted By Ben_Raines:
I mean, let's be honest, how many people actually buy guns from a private dealer at gun shows these days?

All I ever hear about gun shows these days are that they barely qualify as "gun" shows anymore with all the dealers of products other than guns, that the guns they DO have are way overpriced, and most of them are crap.

These days most people use websites like Armslist, GunBroker or a local forum website to buy privately, which has to go through an FFL anyways.

Originally Posted By Ben_Raines:
I mean, let's be honest, how many people actually buy guns from a private dealer at gun shows these days?

All I ever hear about gun shows these days are that they barely qualify as "gun" shows anymore with all the dealers of products other than guns, that the guns they DO have are way overpriced, and most of them are crap.

These days most people use websites like Armslist, GunBroker or a local forum website to buy privately, which has to go through an FFL anyways.

Originally Posted By Ben_Raines:
I mean, let's be honest, how many people actually buy guns from a private dealer at gun shows these days?

All I ever hear about gun shows these days are that they barely qualify as "gun" shows anymore with all the dealers of products other than guns, that the guns they DO have are way overpriced, and most of them are crap.

These days most people use websites like Armslist, GunBroker or a local forum website to buy privately, which has to go through an FFL anyways.

Originally Posted By luscioman:
Can one of you retired boomers read the 466 pages and give cliff notes to the busy people paying into your social security.

Originally Posted By Everrest:
So as a good citizen I apply for an FFL. My town doesn't allow FFLs in residential neighborhoods. I also have a school within 1000 feet of my house.
FFL Denied.
What is my recourse?

Originally Posted By Ben_Raines:
I mean, let's be honest, how many people actually buy guns from a private dealer at gun shows these days?

All I ever hear about gun shows these days are that they barely qualify as "gun" shows anymore with all the dealers of products other than guns, that the guns they DO have are way overpriced, and most of them are crap.

These days most people use websites like Armslist, GunBroker or a local forum website to buy privately, which has to go through an FFL anyways.

Originally Posted By wyomingnick:

Yes they absolutely will give you a license to have an FFL from your kitchen table. If you can't get one from your house it is a local zoning issue. ATF has no problems with it. But they do require you comply with local laws so if the locals say no ATF won't issue.

Originally Posted By Mach:
Good question, was the founding in 1968? I cant remember.

Originally Posted By Kent:


Going through an FFL does NOT shield you (an un-licensed person) from being judged to be an "unlicensed dealer in firearms" and thus subject to prosecution under this rule.   Nothing I've read in the new rule exempts sales to/from an FFL when you as an unlicensed person are involved.

Originally Posted By Everrest:
So as a good citizen I apply for an FFL. My town doesn't allow FFLs in residential neighborhoods. I also have a school within 1000 feet of my house.
FFL Denied.
What is my recourse?

Originally Posted By Missilegeek:


So a rule that presumes guilt based on common and reasonable circumstances.

The judiciary is going to love that lol.

The ATF rules they have put forth under the Biden regime, are what is commonly referred to as a pattern of misconduct in the legal community.