A proposed rule by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will soon go into effect that would require many private gun dealers to use the National Instant Criminal Background Check System (NICS) when selling guns.
Federal gun dealers, not federal gun dealers, are subject to this rule because they are required to use NICS for all gun sales and transfers.
Federal Firearms License (FFL) holders are required by the Brady Act (1993) to conduct background checks on all gun sales and transfers. This law created NICS, and from then on all retail sales of new and used firearms were conducted through NICS. Democrats are pushing to include retail sales in NICS requirements. But Congress rejected it, even though it was controlled by Democrats.
However, recently proposed rules allow the ATF to target unlicensed Americans who may sell guns during certain times of the year, similar to how Americans have sold guns to each other since 1791. This is an act that Congress has refrained from doing. (Year the Second Amendment was ratified).
Breitbart News reported that the ATF released the proposed rule on August 31, 2023. The rule would redefine what it means to be “in the business of selling firearms,” which would expand the number of unlicensed sellers, or civilians, selling firearms. . You must use NICS to sell/transfer guns.
ATF’s rules have been reworded to no longer draw a clear line between private gun sales and guns sold by FFL holders. Ambiguity is introduced into the equation, requiring all sellers to prove they are not trying to make a profit so that buyers are not required to undergo NICS before acquiring a firearm.
ATF Proposed Rule state:
Consistent with the Gun Control Act (“GCA”) and existing regulations, the proposed rule also clarifies when an individual is not “engaged in business” because he or she only makes occasional sales to enhance a private collection. We define the term “Personal Collection” in order to Whether it is for hobby use or whether the firearms you are selling are all or part of a personal collection. The proposed rule further addresses the lawful ways in which former licensees and responsible persons acting on behalf of such licensees may liquidate business inventory upon revocation or other termination of a license.
Expanding background checks at the point of sale will allow the government to more accurately ascertain the whereabouts of every gun in the United States by expanding paper trails on firearms. Prior to 1993, there were no background check requirements in retail stores. This means that traditional firearms sold between 1791 and 1993 had no paper trail. Millions of these firearms not only still exist, but are still in use, and by expanding NICS to civilians, once sales begin, the ATF will You can start adding , thereby bringing firearms into the system.
The rule is pending publication in the Federal Register and will become effective 30 days after publication.
Aidan Johnston, director of federal affairs for the American Gun Owners Administration, told Breitbart News about the proposed rule: . This backdoor universal registration check rule is nothing less than a move to criminalize selling a single gun without a background check. In doing so, the government hopes to ensure that the government is fully involved in all firearms transfers, and that eventually records of all such transfers will remain in the database of records. ”
Attention — AWR Hawkins: Universal Background Checks = Gun Registry
Ahawkins
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and also writes Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment for Breitbart News. He is also a writer and curator. He is a political analyst for Armed American Radio and a professional staff member for Pulsar Night Vision. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and completed his Ph.D. Military history focusing on the Vietnam War (Brown Navy), the U.S. Navy since its inception, the Civil War, and early modern Europe. Beef is his favorite vegetable. Follow him on Instagram: @awr_hawkins. To get Down Range, you can sign up at breitbart.com/downrange. Please contact us directly at awrhawkins@breitbart.com.
