Commentary: ATF Rule Change Creates a Trap for the Unwary

A selection of modern firearms on a table

On Friday, the 31st anniversary of the massacre of Branch Davidians in Waco, Texas, the ATF issued new regulations that make it more difficult to comply with federal laws regulating gun dealing and background checks.

Since the 1930s, federal law has required gun dealers to be registered as Federal Firearms Licensees (FFL). The requirements hinged on the meaning of “engaged in the business of” gun dealing. This language has always been ambiguous, and there has never been (even after the announcement of the new rules) a true “bright line” that distinguishes when one graduates from selling a few guns from one’s personal collection into full-fledged gun dealing.

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House Judiciary Opens Formal Inquiry into ATF Killing of Arkansas Airport Executive

Bryan Malinowski

The House Judiciary Committee on Monday launched a formal inquiry into federal agents’ fatal shooting of an Arkansas airport executive during the execution of a gun case search warrant at his home, demanding the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) explain why it carried out the search without knocking and without using required body cams.

The ATF’s fatal shooting last month of Bryan Malinowski, an administrator at the Bill and Hillary Clinton National Airport in Little Rock, has reignited concerns about the agency’s enforcement of gun laws and regulations under President Joe Biden as well as prompted a criminal investigation by Arkansas authorities.

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Nearly 75 House Republicans Demand Mike Johnson Oppose Reauthorization of Gun Control Law

House Speaker Mike Johnson

A group of nearly 75 Republican members of the House of Representatives are demanding that Speaker Mike Johnson oppose the reauthorization of a decades-old gun control law, according to a letter obtained by the Daily Caller News Foundation.

The Undetectable Firearms Act (UFA) was enacted by the 100th Congress in 1988 and bans the manufacture, sale or import of any firearm that isn’t detectable by a door-frame metal detector or other security technology, which are commonly termed “ghost guns.” The law’s provisions need to be reauthorized before their statutory expiry date of March 8, with House Republicans demanding that Johnson not bring the Senate’s reauthorization bill, which was passed in July of 2023, to the floor.

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ATF Preparing to Regulate Private Gun Sales with Background Check, Whistleblower Group Alleges

ATF Agent

The whistleblower group that represented the IRS agents in the Hunter Biden case is warning that the Biden administration is preparing an “unconstitutional“ power grab to regulate private gun sales by requiring a background check.

In a letter Wednesday to Attorney General Merrick Garland, Empower Oversight said it had learned from two sources that the Bureau of Alcohol, Tobacco, Firearms and Explosives was directed by the White House to make the change and “has drafted a 1,300-page document in support of a rule that would effectively ban private sales of firearms from one citizen to another by requiring background checks for every sale.”

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Supreme Court to Hear Arguments in Federal Bump Stock Gun Case

Gun Range

The U.S. Supreme Court is considering a federal ban on bump stocks later in February, the latest opportunity for the high court to rule on gun violence and 2nd Amendment rights.

The case in question, Garland v. Cargill, came after the Trump administration banned bump stocks, attachments added to semiautomatic weapons to make them fire more quickly, classifying them as “machine guns,” which are banned by federal law.

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