New ATF Rule That Infringes on Your Rights

In this episode  we discuss the new ATF rule that defines what it means to be engaged in the business of selling firearms and how it is infringing on your rights.
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Transcript

0:10

Well, if you didn't recognize that theme song, then I don't know what to say. But that's the theme song for the Masters, and that's what's going on this weekend. It's my favorite sporting event, bar none. Outside of if one of my favorite teams is in the Super Bowl or World Series or such, but with a non rooting interest in anything. The Masters has me every year pretty much watch it start to finish. I've already put in it's Saturday. I watched probably 14, 15 hours already of the tournament. So I just love it. Love what I love it every year. I can't explain why, but that is what I'm doing today. But so I just, I had to, for the tribute to the Masters, I had to start with that theme song. This week. Our regime has not disappointed us. They have again, continued to reach out and figure out ways to infringe upon our second amendment rights. And that is they released the final rule for the definition of engaged in the business as a dealer in firearms. And so if you remember from the bipartisan Safer Community Act, they one of the things was that they wanted to crack down on people who Selling guns, they want to close the gun show loophole, if you've heard that, to where unlicensed, you know, dealers, you know, that are not performing background checks is what they're claiming. Essentially, this is just to eliminate the private sale of firearms between individuals and force everything to go through a dealer, then Making everybody have to go through a background check that is what the purpose of it is, then the purpose of the background check is, then they will start. They create list that way. They've got your information on 4473. They say they don't collect the data from the next system, but. You know, who's to say after they've spied on our, on our, on our presidential candidate. So that is what the rule is. It is a 466 page document. It's not final yet. It hasn't been published on the register. Once it's published on the register then it will go in effect in 30 days. And it's a 466 rule. A page document that says nothing. If I'm not going to go through it there's a lot of people out there that kind of break it down word for word because you can read it start to finish backwards and forwards, and you won't know any more than you did before you started. It is just a bunch of vagaries. And it makes it just as unclear as to what the definition of somebody engaged in a business is. And so what they've done, typical at a fashion, they have done, they, they do this. And everything they do, make it as vague and muddy and gray as they can so they can enforce it however they want. But the essential things that they say in there is if you are predominantly doing it for a profit, that will make you a gun dealer. So if I have a gun and I'm taking out the fact that I am a dealer right now, but if I have a gun and I sell it. I'm not selling it necessarily to lose money. I might probably make money even though I'm going to then use that money maybe to buy another gun or maybe I just didn't want that gun anymore. I am profiting from it. They say that if you sell the same make and model and caliber multiple times, so. Let's say you have two or three Glock 19s, and you're tired of your Glock 19s, and you want to, you know, switch guns, and you sell those. Well, now, are you a gun dealer? They, they, you know, try and carve out people with collections, but then they loop them all back in. If you buy a gun and then sell it within 30 days. What if you didn't like the gun? And they do say in there specifically that it could be as few as one gun. One transaction can loop you into a dealer. So what is my advice to you as individuals, non dealers? I have, I don't know. Historically I've told people, you know, they're, they're saying, you know, am I buying and selling too many guns? I'm like, if you're not. You know, acting like you are in the business of, if you don't have a website and you don't have business cards, you're just buying guns. You're looking at them and then you're, you're selling them. You're not in the business to do it. If it's not, it's not substantial to your livelihood. Now, all that is out the window. That is all out the window. I have no advice on how to, to avoid this. The irony in all of this. the government, they can't make up their mind. In the 80s they went on a crackdown to eliminate the FFLs. There were too many kitchen table top FFLs and that's what I am, I do this out of my home that they wanted to get rid of, so they raised the fee because those, those, those FFLs were expensive Individuals were buying guns really just for their personal collection and they were using the ability to buy from a wholesaler You know at dealer prices to improve their collection That's what the theory was and there was some there's some truth to that a lot of people is it was easy to get an FFL I'm gonna do it. So They did it So they cracked down and eliminated a lot of dealers made it harder to become a dealer raised the fee and they really instituted this standard that to be an FFL You You had to show that you were in it to make money. And so I remember whenever I applied for my FFL and I'm doing it at my house and the ATF came to inspect me, I'm thinking they're wanting to quiz me on all the different rules and things about doing background checks and how to fill out the 4473 and how to keep my records. Do I, what's my security system like, you know, storage, all that kind of stuff. None of it. We spent the entire time talking about how I was going to make money, and that's all they cared about was that I wanted to try. I was doing this as a business right now. They're trying to throw in all these people that really aren't doing it as a business there. They don't have the intention, and I will tell you then that the ATF they don't give you training on how to be an FFL. Okay, that's how then they come back behind you and they take away your license and the other thing that what they would say And this is another gray area about the ATF is as a dealer I they they would say, you know If I'm not showing that I am doing this as a business and doing enough Transactions enough transfers enough purchase and sales and since I do Primarily handled just the transfers. You know, if I'm not doing enough of those, when they come to inspect me, then they're going to assume that I'm just doing this to improve my collection and take away my license. So they don't know what they want. But they do know what that, from that sense, what they do know is, is they want your guns, they want to take them. And that is what this is going, this is what they're going to do. And here, the other choice thing about all this is John Cornyn is now standing up and says that this is lawless and unconstitutional. And if you remember my Senator from Texas was one of the, was the primary Republican behind pushing the, the Bipartisan Safer Community Act. He was the one that was championing it. And now. That he's trying to become the Republican majority leader in the Senate since McConnell's retiring. He's trying to become all now Mr. Pro 2A and, and stand up and show how insensitive he is about this new law and how unconstitutional it is. It's baloney. Don't trust him. Don't listen to him. He's, we have to primary him when it comes that time. But I say this to say that this rule's out there. It's going to come in effect in 30 days. You know, the only suggestion and, and they don't, even the rule doesn't even, they don't even suggest that this is what you need to do. They don't even say that, Hey, if you take this gun and bring it to an FFL and then the FFL does the 4473 and then transfers it to the individual that you're selling it to in this private sale, does that. Negate the fact that you just acted even if you made a profit. Let's say you made a profit Okay, and you do this now Are am I? Facilitating you being a gun dealer illegally who knows? I mean, I I don't know But for now, this is going to get challenged for now, I don't know what to tell people. I do know the atf is is They're incompetent and they, they, they can't really enforce this, but it will not prevent them from doing what they did to the gentleman in Arkansas where they had a 10 car convoy that kicked in his door and ended up killing him because he thought he was, somebody was breaking into his house. And they, all they were doing is they were trying to serve a warrant because they suspected that he was operating as a dealer and didn't have a license. So they may, you know, there's nothing to say that they won't come kicking in your door. So tread lightly keep an eye out. I will try and keep everybody informed on how this is progressing, but there's no clear answers because the ATF has not been very clear. And that is on purpose, but we do know that they want to take our guns. And if you don't vote Biden out, if you don't vote for Trump, and In November and you vote for Biden, it's, you're, you're culpable in this. I don't care what your beliefs are on any other issue. And if you hate Trump and his tweets if you want to keep your guns. You have to vote out Biden. It's this regime. The Republicans aren't the answer to all of our problems, but the Democrats are the cause of all our problems. I will tell you that. So you have to vote out Biden. You have to get your friends to your neighbors, your kids, your parents, whoever it might be, in whatever state they're in, we have to vote out Biden. That is the only thing that's going to save this Republic right now. Anyway if he's not You know, bar the doors cause they're, they're going to come and they're going to, they're going to confiscate all of our guns. That is going to be the first thing they're going to do. I guarantee it. So I'm going to finish now. I'm going to go finish watching the masters. You can go find this, the rule. If you want to read all 444 pages, you can go out to the ATF's website. They've got it posted there. And enjoy if you want to read it all. There's some people out there that have done some full breakdowns of it. Like I said, I'm not going to do it because at the end of it you have more questions than you do answers and every single transaction that you do to buy a gun and if you sell it to an individual could, can be deemed that you're a dealer. That's the way it's all breaking down right now. And it is for one purpose and one purpose only to come and get all our guns. So with that, I'm going to sign off share this podcast, tell people, do whatever you can and get the word out. We have to end this regime. Take care and have a great day.