By Dave Workman
Editor-in-Chief
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives is posting a proposed rulemaking “Definition of ‘Engaged in the Business’ as a Dealer of Firearms,” which, according to an announcement by the agency, will amend ATF’s regulations to implement provisions of Joe Biden’s “Bipartisan Safer Communities Act.”
The proposal will be published in the Federal Register, opening a 90-day public comment period. People can download the 108-page document here. This could give some gun show folks headaches because their hobby just might fall into the realm of “engaged in the business.”
According to the announcement, the proposal (NPRM) will clarify when a person is “engaged in the business” as a dealer by:
- Clarifying the definition of “dealer” and defining the terms “purchase” and “sale” as they apply to dealers;
- Clarifying when a person would not be engaged in the business of dealing in firearms as an auctioneer, or when purchasing firearms for, and selling firearms from, a personal collection;
- Setting forth conduct that is presumed to constitute “engaging in the business” of dealing in firearms, and presumed to demonstrate the intent to “predominantly earn a profit” from the sale or disposition of firearms, absent reliable evidence to the contrary;
- Clarifying that the intent to “predominantly earn a profit” does not require the person to have received pecuniary gain and that intent does not have to be shown when a person purchases or sells a firearm for criminal or terrorism purposes;
- Adding a single definition for the term “personal collection, personal collection of firearms, or personal firearms collection” and adding a definition for the term “responsible person”;
- Addressing how former licensees, and responsible persons acting on behalf of former licensees, may lawfully liquidate business inventory upon revocation or other termination of their license; and
- Clarifying that licensees must follow the verification and recordkeeping procedures in 27 CFR 478.94 and Subpart H, rather than using an ATF Form 4473 when firearms are transferred to other licensees, including transfers by a licensed sole proprietor to that person’s personal collection.
Public comments may be submitted a couple of ways, according to the ATF announcement:
• Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
• Mail: Helen Koppe, Mail Stop 6N-518, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Washington DC 20226; ATTN: ATF 2022R-17
