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ATF Rule Requires NICS Background Check When ‘Bartering’ For Gun

ATF’s background check rules redefine the word “sale” and require private sellers who receive services or barter in exchange for guns to use the National Instant Criminal Background Check System (NICS).

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.

Many of the rules focus on guns sold for “profit” and use the degree of profit and frequency of sales to exclude private sellers from having to go through NICS for gun sales/transfers. It is classified.

However, pages 26-27 of the regulation equate “financial gain” with “profit,” and the ATF redefines the word “sale” so that private sellers “barter” guns. The possibility of requesting a NICS check is open in your case. .

Starting with the last paragraph on page 26 and reading the first paragraph on page 27, the reader clearly sees that ATF defines the term as follows: For example, licensing requirements resulting from the bartering of firearms or the provision or receipt of services with the primary purpose of obtaining financial gain even when no money is exchanged. ”

Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, commented on the ATF rule: This is another attempt to circumvent Congress in order to enact new laws without its approval. ”

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.

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