ATF Issues Final Rule Regarding Definition of "engaged in the business"
Hey all, we here at True Shot Academy just wanted to inform everyone about the recent change brought forth by the ATF and Attorney General. The legal landscape of firearms ownership is constantly evolving and changing in a perpetual tug of war, with this recent action representing another brick in the wall.
What Happened?
Attorney General Merrick Garland recently signed the ATF’s final rule, Definition of “Engaged in the Business” as a Dealer in Firearms. This move was preceded by the Bipartisan Safer Communities Act (BSCA) which was enacted on June 25, 2022.
When Did This Happen?
The Attorney General signed the ATF’s final rule regarding their new definition of what it means to be “engaged in the business” on April 10, 2024.
When Does This Go Into Effect?
The final rule was signed off on April 10, 2024, meaning it will be added to the Federal Register. Rulings such as this go into effect 30 days after they are signed.
What Does This Mean?
Essentially, the ATF’s new rule expands the definition of what it means to be “engaged in the business” as a dealer in firearms. The Attorney General summarized the impact of this action like this: “under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks.” Simply put, those who engage in the repetitive sale of firearms and do so primarily to earn a profit now qualify as a dealer under the new ruling. It should be known that the ATF’s ruling is vague and there is no established quantity of firearms outlined by the agency with this ruling. The phrasing “predominantly to earn a profit” is also something which may concern many firearms owners. Firearms constantly fluctuate in value, particularly those with high collector values and of a historical nature. Essentially, private sales will be scrutinized to a much higher degree now after this ruling. Firearm owners will need to be vigilant of this new ruling and be wary that certain actions which were a non-issue earlier may warrant extra attention or potentially run afoul of new regulations. To get the full context of the ruling and read the copy of the rule itself, you can do so here.
An Obvious Caveat
Of course, we here at True Shot Academy are not lawyers, nor does what we say constitute legal advice. The purpose of this blog post is to inform readers of this recent move by the ATF and Attorney General. There are a number of public legal resources in the firearms community and on platforms like YouTube that have covered and will cover the implications of this ruling. With matters like this, it is best to do research for yourself and arm yourself with knowledge in this ever-changing legal landscape.
Conclusion
If you would like to read more about this recent change, you can do so on the ATF’s official site here. From this website, you can read the agency’s summary of the recent action as well as a copy of the rule in its entirety. This latest ruling has the potential to impact a wide variety of gun owners who engage in private sales, especially due to the vagueness and open-ended language used by the agency. Stay informed and stay safe in this ever changing landscape. Need bulk ammo? At True Shot Ammo, we have a wide variety of handgun ammo and rifle ammo available to purchase. Please visit our website trueshotammo.com, call us at (888) 736-6587, or you can email us at sales@trueshotammo.com for more ammo options.
