ATF’s background check rules change the definition of the word “dealer” to include people who smuggle guns into other countries for the purpose of selling them, giving smugglers access to the National Instant Criminal Background Check System (NICS). is required.
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 or transfer guns.
Although the rule primarily focuses on guns sold for “profit,” pages 26-27 equate “financial gain” with “profit,” leading to ATF requiring NICS. This opens up possibilities for redefining the word “sales.” Check to see if private sellers are “bartering” for guns.
On page 194 of the 466-page rule, the ATF clarifies that people who smuggle guns out of the country for sale abroad now fall under the category of “dealers.”
From the rules:
An unauthorized person who purchases a firearm in the United States and smuggles or transports it outside the United States for sale in another country (or conspires to do so, or attempts to do so) is subject to 18 USC 924(k)(2) ( B) violates. OTHER PROVISIONS OF UNITED STATES LAW. This is not an activity “wholly outside the United States”… Therefore, the rule now states that in the definition of “dealer,” the purchase or sale of firearms as a wholesaler or retailer must be “completely outside the United States.” “It may be carried out at a public or private facility.” market or premises. ”
ATF also took time to defend the inclusion of smugglers in its definition of “dealer.”
The Department disagrees that the rule seeks to assert extraterritorial jurisdiction beyond statutory authority by referring to the “international market” in the definition of “dealer.” The legal prohibition at 18 USC 922(a)(1)(A) makes it illegal for an unlicensed person to “ship, transport, or receive in interstate or foreign commerce” a firearm. The inclusion of “international” markets in the definition of “dealer” is consistent with Congress’ intent to regulate unauthorized sales in “foreign” commerce.
Once a smuggler is officially recognized as a dealer, he or she must carry out all duties associated with that classification, including NICS checks.
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.
