Monday, August 7, 2023

Leaked Information Indicates ATF's Intent to End Private Firearm Sales


The Biden administration plans to implement a directive, using executive orders and the ATF, to regulate private firearm sales more closely. As reported by major news outlets and confirmed by AmmoLand News, this directive is projected to be publicized by year-end.

President Biden intends to instruct the ATF to address what advocacy group Everytown terms as the “private sales loophole” and the “digital loophole.” The former refers to instances where individuals sell firearms for profit without holding a Federal Firearm License (FFL). Considering the appreciation of firearm values over the years, a weapon bought decades ago is likely worth more today.

The so-called "digital loophole" references platforms like Armslist Firearms Classified, a venue for individuals to advertise firearms. The administration's ambition is to regulate such platforms, though it remains ambiguous about the approach to achieve it, especially considering these websites don't directly handle gun sales.

In a conversation with AmmoLand News, Armslist Founder Jonathan Gibbons commented on the challenges his firm is confronting and the impending ATF regulation. Despite legal battles with gun control advocates, Armslist remains undefeated in lawsuits, albeit at significant costs. Gibbons emphasized, “Transacting in private isn't a 'loophole'. The right to buy and sell firearms is safeguarded by the Second Amendment. Impediments to state laws, allowing citizens this right, should be of universal concern. The First Amendment guarantees Americans the right to online communication about their other constitutional rights.”

The rule, currently in its drafting phase, is anticipated for release later in the year, followed by a period for public feedback. The Biden administration plans to finalize this rule by mid-2024, with implementation projected for the following autumn. However, given the rule's preliminary status, this timeline could alter.

Historically, ATF rule changes have faced legal challenges and were ruled to exceed the agency's authority, infringing upon the domain of Congress's legislative powers. To preempt another legal setback, the ATF, backed by the Justice Department, will assert their mandate to mandate FFL for private sellers stems from the Bipartisan Safer Communities Act (BSCA).

The BSCA, a sweeping gun control legislation, garnered support even from certain Republican members of Congress. It redefined what constitutes a "gun seller" by altering the phrasing in Section 921(a) of Title 18, U.S Code, making the definition more ambiguous. This change is now being leveraged by the Biden administration for the forthcoming directive.

Gun rights advocates had cautioned lawmakers about potential misuses of the BSCA's provisions, but these warnings largely fell on deaf ears.

Everytown for Gun Safety, supported by Bloomberg, is the principal advocate for this new regulation. Their goal aligns with obtaining universal background checks (UBC), and with significant funding from this group, Democrat leaders find their backing crucial for future elections.

Though universal background checks form a vital part of Biden's gun control strategy, legislative efforts have stalled. Consequently, the administration is pursuing alternative strategies to achieve similar outcomes.

This directive underscores for the gun community that any form of "compromise" will ultimately challenge gun rights. The ATF's reliance on the BSCA to justify their stance indicates the agency's efforts to mitigate potential future setbacks by referencing legislation, even if the context is stretched.

Gun Coyote | Gun Deals

No comments:

Post a Comment