Mountain States’ CKBA finds the Bureau of Alcohol, Tobacco and Firearms (ATF’s) new Final Rule to be a violation of the Second Amendment rights of American citizens and a gross overreach of ATF authority. This new Final Rule could mean the end of private firearm sales and severely infringes on the right of firearm ownership. While the Final Rule claims to “clarify” what it means for a person to be “engaged in the business” the reality is that the new rule is being used as a mechanism for ATF to broaden the scope of its regulatory power. Under the Final Rule the definition of a person “engaged in the business” is no longer just a gunsmith or pawnbroker but instead encompasses anyone who has “the intent to ‘predominantly earn a profit’ from the sale or disposition of firearms,” even if that person does not actually gain any monetary value from the sale. This new definition will require thousands of Americans to acquire a Federal Firearms License (FFL) giving the ATF the ability to conduct “compliance inspections” and other regulatory intrusions. Given the ATF’s history of overstepping its authority, there are concerns that this new rule will further empower the agency to overstep its bounds once again.
To read the comment MSLF filed against this ATF rule click here.