New ATF Regulations go into Effect After the May 2024 OGCA Show

ATF has issued new regulations regarding who is required to have an FFL license in order to sell firearms. These regulations are more restrictive regarding who is deemed to be a dealer in the sale of firearms, focusing on what activities constitute being “engaged in business”. The regulation sets forth several presumptions of activities that constitute being engaged in the business of selling firearms and thus requiring an FFL. The regulation is directed to individuals that repetitively resell firearms with the intent to earn a profit, no matter where or how such activity is conducted, requiring them to obtain an FFL. No specific number of sales is set forth to meet the threshold.

Excepted from the licensure requirements are individuals who make occasional sales from their personal firearms collection to obtain better firearms for their collection or who gift the items to family member or sell to an FFL holder. Also, a person may sell their firearms if they are liquidating part or all of their firearms collection, without restocking.

The new regulations were created administratively by ATF, and are separate and apart from the law. They can be used in administrative and civil proceedings. The new regulations go into effect May 20, 2024. This link will take you to ATF regulations_effective_5.20.24 Please note that document is 466 pages long. The first 451 pages relate to comments made during the rule review and the ATF responses. The new regulations begin at page 451. Also understand that OGCA filed lengthy objections to the proposed regulations and encouraged members and many other organizations to also file objections. The leadership of OGCA believes that the regulations go beyond the changes made to relevant law in the Bi-Partisan Safer Communities Act, and as such the regulations are not proper. There are other issues with the regulations as well. OGCA expects the regulations to be challenged in Court proceedings. The course of any litigation is difficult to predict at this time. The explanation given here does not capture all the issues addressed in the regulations, and you are encouraged to familiarize yourself with the new regulations.

More Information on the New ATF Regulations effective 5/20/24:

ATF-definition-engaged-in-the-business.gov

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