THIS MUST NOT STAND!
If this garbage is allowed to be treated as law you can kiss the secondary firearm market goodbye. The value of every gun you own just fell to 50% because you will not be able to sell as a private individual. By this wording any number of sales can constitute business. (Even 1 gun!) If you use a website to sell, you need an FFL that means message boards too! (Virginia Gun Trader, Gunbroker.com). If you sell a gun to anyone that isn’t an FFL without having an FFL you can go to jail. That means you sell at the wholesale prices of 50% because gun shops won’t pay you retail. Especially not now. AND… If you get an FFL to protect yourself you open your home to ATF inspection at anytime and are required to keep spotless records of transactions. Effectively; this action creates a pseudo-registry of firearms and registries lead to confiscations!!!!
* Read it yourself:
* * “Clarify that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks. Background checks have been shown to keep guns out of the wrong hands, but too many gun sales—particularly online and at gun shows—occur without basic background checks. Today, the Administration took action to ensure that anyone who is “engaged in the business” of selling firearms is licensed and conducts background checks on their customers. Consistent with court rulings on this issue, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has clarified the following principles:
* * A person can be engaged in the business of dealing in firearms regardless of the location in which firearm transactions are conducted. For example, a person can be engaged in the business of dealing in firearms even if the person only conducts firearm transactions at gun shows or through the Internet. Those engaged in the business of dealing in firearms who utilize the Internet or other technologies must obtain a license, just as a dealer whose business is run out of a traditional brick-and-mortar store.
* * Quantity and frequency of sales are relevant indicators. There is no specific threshold number of firearms purchased or sold that triggers the licensure requirement. But it is important to note that even a few transactions, when combined with other evidence, can be sufficient to establish that a person is “engaged in the business.” For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold or when only one or two transactions took place, when other factors also were present.
* * There are criminal penalties for failing to comply with these requirements. A person who willfully engages in the business of dealing in firearms without the required license is subject to criminal prosecution and can be sentenced up to five years in prison and fined up to $250,000. Dealers are also subject to penalties for failing to conduct background checks before completing a sale.”
Oh and there’s more!!!
See the full release at https://www.whitehouse.gov/the-press-office/2016/01/04/fact-sheet-new-executive-actions-reduce-gun-violence-and-make-our