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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