Re: New ATF regulation on Safer Communities Act of 2022 in effect; the law made nearly all sellers gun dealers

On Tue, 14 May 2024 21:14:27 -0000 (UTC), "Adam H. Kerman"
<ahk@chinet.com> wrote:

After the massacre at Robb Elementary School in Uvalde, Texas, Congress
did something about gun control. The bipartisan Safer Communities Act of
2022 was the result.
>
Despite intense negotiations, it turns out that not a lot of thought was
put into legislative language and, once again, it was left up to ATF to
write regulations that would determine when criminal law would apply.
>
The law intended to close the "gun show loophole". Congress being
Congress, instead of making the instant background check available for
all people selling firearms, you know, one of the problems they were
trying to address, they instead turned almost everyone selling a gun
that they had previously used for personal protection into a dealer
required to register under federal law and THEN make them run the
background check. The regulation to enforce this provision, once again
this is a criminal law provision, is now in effect.
>
You are a dealer based strictly on your intent to make a profit regardless
of whether you are in business and regardless of whether you've made a
profit.
>
The lawyer who did the video is a criminal defense attorney who makes
other videos on how to retain your rights during police stops. He points
out that this new onus is on the seller and not the buyer, who does not
face new restrictions. Therefore he's concluded that this law won't keep
buyers intending to commit crimes from buying guns.

But it will make any number of sellers into criminals. Now if I own a
gun and decide I want to get rid of it but my neighbor says "Let me
give you some $$ for that weapon" then even if I were legally allowed
to do it if I didn't register as a seller then I'm a criminal. Unless
they've got a specific provision that allows for this sort of sale
without registering with the ATF.

https://www.youtube.com/watch?v=cZD05CTmDL0