April 11, 2024 Washington D.C.–The National Association for Gun Rights releases statement opposing the “Engaged in Business” final rule, outlawing almost all private firearm sales, signed yesterday by Attorney General Merrick Garland.
The rule broadening the definition of when a person is considered a dealer in firearms, will go into effect 30 days after being published in the Federal Register. Firearms dealers are required to submit ATF Form 4473 for every firearm transfer.
“This rule will outlaw virtually all private sales of firearms between individuals,” said Dudley Brown, President of the National Association for Gun Rights. “And as we saw in the Bryan Malinowski case in Little Rock, the ATF is willing to use outrageously excessive force – including murder – to punish violators.”
News outlets report that at least 10 vehicles carrying federal agents rolled up to the Malinowski home before dawn on March 19th to serve a search warrant on the Little Rock Airport executive who was suspected of selling firearms without a Federal Firearms License. Doorbell camera video from the home shows agents lining up in full tactical gear holding automatic rifles before putting tape over the camera lens. The forced entry raid ended with Malinowski being shot and subsequently dying from his wounds.
Family lawyer Bud Cummins reported, “At this stage there is no publicly available evidence showing whether agents knocked on the door or announced their presence, adequately identifying themselves.”
“This rule brings us one step closer to Biden’s dream of Universal Gun Registration enforced by the ATF’s jackbooted thugs,” said Brown.
Private Firearm Sales – GARLAND’S ATF RULING ON APRIL 10th
April 10th:
Today, the Justice Department released the “Engaged in the Business” Final Rule to the Federal Register. This rule clarifies when a person is considered to be conducting business involving firearms and therefore must obtain a federal firearms license. The goal is to improve adherence to the federal background check mandate for firearm sales by federal firearms license holders.
Attorney General Merrick B. Garland stated that regardless of where guns are sold – online, at gun shows, or in physical stores – individuals who primarily sell guns to make a profit must be licensed and conduct background checks. He emphasized that this regulation is a significant milestone in the Justice Department’s efforts to combat gun violence and will ultimately help save lives.
“The Bipartisan Safer Communities Act improved background checks and closed loopholes, such as redefining what constitutes being ‘engaged in the business’ of firearms dealing. The new rule, which clarifies the application of that definition, will ultimately save lives by requiring all gun sellers to obtain a federal license and conduct background checks. This measure will help prevent guns from falling into the hands of dangerous individuals,” stated Deputy Attorney General Lisa Monaco. “I commend the ATF for their efforts in crafting this rule and analyzing the numerous public comments, the majority of which supported the rule. Thanks to their hard work, our communities will be safer.”
Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) stated that the aim is to protect law-abiding Americans and uphold the rule of law by addressing the growing issue of illegal gun sales on the black market. These unlicensed dealers are not conducting required background checks, resulting in increased violence. The Final Rule is intended to ensure compliance with existing laws and address the dangerous consequences of individuals openly violating them.
The Bipartisan Safer Communities Act (BSCA) was passed on June 25, 2022, with the aim of expanding the criteria for what constitutes being involved in the business of selling firearms. This includes individuals who regularly buy and sell firearms to primarily make a profit. President Biden’s Executive Order 14092, issued on March 14, 2023, instructed the Attorney General to create a plan to define who must obtain a federal firearms license. The Final Rule aligns ATF regulations with the new BSCA definition and clarifies the actions that would require a license under this updated definition.
Licensed firearms dealers play a crucial role in working with various levels of law enforcement to enhance public safety. They conduct background checks on potential buyers through the FBI’s system to prevent firearms from ending up in the wrong hands. Dealers also keep records of sales to aid in tracing guns used in crimes, prevent straw purchasers from buying firearms for prohibited individuals, and provide secure storage options for customers. Engaging in gun dealing without a license undermines these safety measures, which is why it is illegal under federal law.
In order to ensure adherence to the laws passed by Congress, the Final Rule outlines specific behaviors that are assumed to necessitate a federal firearms license. It also clarifies when a license is or is not required, such as by defining “personal firearms collection” to protect hobbyists and collectors from inadvertently breaking the law. Furthermore, the Final Rule specifies the procedures license holders must follow when closing their business.
The Final Rule on private firearm sales will be implemented 30 days after being published in the Federal Register.
On September 8, 2023, the Justice Department released a proposed rulemaking notice, and ATF received almost 388,000 comments during the 90-day comment period.