08 December 2023

Selling One Gun Makes You A Dealer

The comment period just ended.

I didn't even bother to comment this time, it never matters.

That it never matters is a violation of the law that requires a comment period...

Who watches the watchers?

But the rule being proposed essentially makes you a gun dealer for selling even one gun.

We can thank Congress for not actually defining "engaged in the business" so that it could not be perverted by lawyers and ATF.

We can further thank them for opening the door to this rule with the more recent Safer Communities act.

Because the gun grabbers are fond of saying we should make buying a gun more like buying a car [sic] I find it odd that I can find the clear line between selling a car and being a car dealer, but I cannot find this line in the law about being a gun dealer.

The same applies to selling my house vs being a realtor.  Helping Harvey dye her hair vs being a hair stylist.

The examples are endless.

I think we have a good case to make for the "engaged in the business of" being constitutionally vague when a clear line between just selling a gun and operating a business cannot not made.

As others have noticed, this is clearly an attempt to chill private sales and force people to start using FFL's for every transfer to shield them from prosecution.

In other words, they're trying to back door universal background checks and build a registration list.

That list has been made illegal so many times now...


  1. "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." A Misquote but seems proper that Thomas Jefferson said it as he DID say It has been suggested that it is a paraphrase of Jefferson's statement in the Declaration of Independence, "...whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government...,"

    I suppose once the powers that be force us to provide shelter and support to "Undocumented Immigrants" the LAST reason the Declaration of Independence will be fulfilled (forcing colonials to feed and shelter British troops).

  2. Just a thought outside of the box... slightly off topic... If this definition of "engaged in a business" is allowed to stand, all of my hobbies (that have had at least 1 sale) just became side businesses and all of the appropriate tax deductions will be submitted for the end of year. The IRS has been pretty strict on what constitutes a "business" and what is simply a "hobby". They dis-allow business deductions/losses for a hobby. I don't know about you, but I'm pretty sure I have losses on every one of my hobbies.

    1. I'm letting this anon comment stand because I think it's JRG and it's an excellent point!

      I've got substantial losses in several hobbies as well.

  3. Sorry for the anon comment and breaking the rules. Long time lurker (and rare commenter,) I didn't re-read the rules before I posted my scribe. Don't want to blame JRG for my comments in case he doesn't agree. It just tickled me that maybe we will get to sit back and watch Biden's IRS and Biden's ATF argue the old Clinton case of what is the definition of "is". (Assuming a legal definition for one is a legal definition for the other)


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