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With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers


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We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background checks” for firearm sales as possible. Aiding in this effort was 2022’s lamentable (and misnamed) Bipartisan Safer Communities Act (BSCA), which made a subtle change to the underlying standards for when a person is “engaged in the business” of dealing in firearms and therefore required to be federally licensed. Licensees, in turn, must run background checks when making sales to unlicensed buyers. The BSCA’s removal of a single word from a federal statute has now resulted in a 466-page monstrosity of a rule that redefines what it means to be a firearm “dealer” and threatens to turn untold thousands of upstanding citizens into criminals for exercising their constitutional rights.

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