New Biden Rule Makes ‘Buybacks’ Potential Seller Traps

An email I sent out this morning to my “small cadre” of advisors:

https://www.govinfo.gov/content/pkg/FR-2024-04-19/pdf/2024-07838.pdf

“The definition of ‘to predominantly earn a profit’ now focuses only on whether the intent underlying the sale or disposition of firearms is predominantly one of obtaining pecuniary gain… ’ to define the terms ‘purchase’ and ‘sale’ as they apply to dealers to include any method of payment or medium of exchange for a firearm…”

Did they just tank anonymous “buybacks” with “no questions asked”? I know some gun owners publicize selling cheap junk for a profit… I don’t see a carve out for buybacks in the text (albeit I only did a word search and have not pored through the whole mess).

It turns out Armed Attorneys addressed that in a video Len Savage sent me the link to, along with this observation:

Fun fact: The Bipartisan Safer Communities Act was touted to close the “gun show loophole” to prevent buying a firearm without a background check,

However; There is NOTHING in the rule (based on the law passed) that effects or applies to a BUYER.

NOTHING!

Meaning it would only affect the seller of a firearm to a buyback program.

Don’t take my word on it, here are two attorneys discussing it.

The relevant section starts at 8:12:

So it looks like they outsmarted themselves, and now need to ignore their own rule.

So, every time the antis hold a buyback, why not loudly complain and warn people they’re being invited to violate “commonsense gun safety laws”?

The Final Word?

DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Part 478 [Docket No. ATF 2022R–17; AG Order No. 5920–2024] RIN 1140–AA58 Definition of ‘‘Engaged in the Business’’ as a Dealer in Firearms AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. ACTION: Final rule. [More]

I wouldn’t call it “final.”

This isn’t over by a long shot.

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