In a recent video, Attorney Tom Grieve dissected a significant legal development that has unfolded regarding the ATF’s new gun sale rule. The rule, which aimed to redefine what constitutes being “engaged in the business” of selling firearms, has been enjoined by a federal district court in Texas. However, Grieve warns that the implications of this decision are complex and could still result in legal trouble for many gun owners.
Background on Gun Sale Regulations
The foundation of this issue lies in the 1968 Gun Control Act, which allowed the U.S. Attorney General’s office to enforce gun control laws. This enforcement was later delegated to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Under federal law, individuals can sell guns without a dealer license, but selling firearms “engaged in the business” without a federal firearms license can result in a felony charge with severe penalties.
Changes in Legislation
In 1986, the Firearm Owners Protection Act provided a definition to help determine if someone was “engaged in the business” of selling firearms. This definition was updated in 2022 by the Bipartisan Safer Communities Act, which replaced the requirement of “livelihood and profit” with “predominantly earn a profit.” This update also included a Safe Harbor provision to exclude individuals selling firearms as part of a personal collection or hobby from prosecution.
The ATF’s New Rule
On April 19, 2024, the ATF issued a final rule to provide clarity on who is considered engaged in the business of selling firearms with the intent of making a profit. This rule was supposed to help individuals determine whether they needed a federal firearms license. However, the rule was challenged for overstepping the authority granted by Congress.
Court’s Decision
A federal district court in Texas ruled that the ATF’s new rule violated the Administrative Procedures Act by exceeding Congressional intent. The court highlighted three main issues: the rule’s lack of a minimum number of firearms that must be sold to be considered “engaged in the business,” the shift from actual profit to intent to earn a profit, and the exclusion of firearms purchased for personal protection from the Safe Harbor provision.
Potential Legal Risks
Despite the court’s decision, Grieve emphasizes that gun owners are not entirely safe. The ATF’s interpretation of the law could lead to prosecutions based on the intent to earn a profit from selling firearms, even if no profit is actually made. Additionally, if an individual states they purchased a firearm for personal protection, it could disqualify them from the Safe Harbor provision, leading to potential legal trouble.
Guilty Until Proven Innocent?
One of the most concerning aspects of the ATF’s rule is the potential presumption of guilt. If a gun owner lists a firearm for sale at a price higher than they paid, they might be considered engaged in the business of selling firearms without a license. This could lead to investigations and arrests, putting ordinary individuals at risk of significant legal consequences.
Current Status of the Rule
The court’s injunction means that the ATF’s rule is currently paused while the lawsuit continues. However, this injunction only applies to certain plaintiffs, including the states of Texas, Louisiana, Mississippi, and Utah, as well as members of specific organizations like Gun Owners of America (GOA) and the Tennessee Firearms Association.
Advice for Gun Owners
Grieve advises gun owners to stay informed and cautious. Those who are members of the protected organizations should verify their status and understand the implications of the court’s decision. For non-members, joining such organizations might provide some protection, but it’s essential to consult with legal counsel to understand the full scope of their rights and risks.
“Keep Your Mouth Shut”
People in the comments shared their opinions: “Dettelbach needs to be removed from Director of ATF, the entire agency should be disbanded immediately. What happened to Brian Malinowski was horrific and should have never happened. The House Committee put so many valid points forward and it demonstrated how corrupt and criminal the ATF is in conduct. 1.62 Billion Dollar budget unable to provide body-cams to agents which would be 3%ish of its budget. Insane.”
Another commenter added: “If you sell your gun don’t call the ATF and they won’t know. Practice your 5th amendment right and keep your mouth shut”
Legal Complexities and Risks
While the ATF’s new rule on gun sales has been enjoined, Attorney Tom Grieve’s commentary underscores the ongoing legal complexities and risks for gun owners. The decision marks a significant moment in the ongoing battle over gun control regulations, but it also serves as a stark reminder of the potential consequences that even well-meaning gun owners could face. Staying informed, cautious, and engaged with legal developments is crucial for anyone involved in the buying and selling of firearms.
Clearer Guidelines
What do you think? Should there be clearer guidelines from Congress on what constitutes “engaged in the business” of selling firearms? How can gun owners ensure they are complying with federal regulations while engaging in private firearm sales? What impact do you think the court’s injunction will have on future ATF regulations? How should the balance be struck between preventing illegal gun sales and protecting the rights of lawful gun owners?
Explore the full insights by viewing the video on Tom Grieve’s YouTube channel here.
