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(NRA-ILA) – We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law. The administration’s explicit objective was to move as close to so-called “universal background checks” for firearm sales as possible. Aiding in this effort was 2022’s lamentable (and misnamed) Bipartisan Safer Communities Act (BSCA), which made a subtle change to the underlying standards for when a person is “engaged in the business” of dealing in firearms and therefore required to be federally licensed. Licensees, in turn, must run background checks when making sales to unlicensed buyers. The BSCA’s removal of a single word from a federal statute has now resulted in a 466-page monstrosity of a rule that redefines what it means to be a firearm “dealer” and threatens to turn untold thousands of upstanding citizens into criminals for exercising their constitutional rights.
Previously, an individual only needed a federal license to sell firearms when engaged in “a course of trade or business “involving “repetitive” buying and reselling of firearms with the “principal objective” of “livelihood and profit.” The BSCA removed the “livelihood” element so that profit-seeking alone would fulfill the required objective of the sales.
Certain supporters of the BSCA claimed this change was merely a codification of how courts had applied the previously existing law. They wanted to make clear, so they said, that a person could be subject to licensure even if the person had means of support other than selling guns. But the NRA, in opposing the BSCA, warned that it “leaves too much discretion in the hands of government officials and also contains undefined and overbroad…
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