Biden Closes Gun Show Loophole.

[thperez1972]

Says “anyone selling guns online”.
Does that mean no more gun listings in the marketplace once this takes effect?

The marketplace section here isn't an e-commerce site, it's a classifieds site. As you said, these are just listings same as if we put an ad in a newspaper or a flyer on a telephone pole. You can't actually purchase anything natively here on BS (other than a membership, of course).

 

[bubbwubb]

“if you sell guns predominantly to earn a profit, you must be licensed and you must conduct background checks.”
The new rule will expand the definition of who is “engaged in the business” of selling firearms and now required to conduct background checks—for example, sellers who “repetitively” sell firearms within 30 days of their purchase, or sell guns that are new or “like new” and in their original packaging.

my guess is no. Except for a few people.

I assume you all missed this part ??

"Individuals who purchase or sell guns for the “enhancement of a personal collection or a legitimate hobby” are not required to register and conduct background checks."

But also there’s this part: Evidence that a person placed ads online or reserved a table at a gun show shows that the person is intending to profit from the sale.

 

[bubbwubb]

I see many of y’all discussing the new “rule” because it is not a law, those are passed by congress and this was not. Anyway, much of the discussion here leaves out this crucial detail: quote from the WH itself: “Evidence that a person placed ads online or reserved a table at a gun show shows that the person is intending to profit from the sale.”

 

[krotsman]

But also there’s this part: Evidence that a person placed ads online or reserved a table at a gun show shows that the person is intending to profit from the sale.

Not necessarily, they might just want to get rid of a firearm they aren't going to use.

 

[Magdump]

I'm not defining the law at all. I was just pointing out the essential differences between sales and advertising.

lol, and a million miles from my point. Thank you though. Thanks so much.

 

[Magdump]

The marketplace section here isn't an e-commerce site, it's a classifieds site. As you said, these are just listings same as if we put an ad in a newspaper or a flyer on a telephone pole. You can't actually purchase anything natively here on BS (other than a membership, of course).

I guess I’m not clear enough in my question. I didn’t mean to insinuate that a decision either way would have any rhyme or reason or actual correlation to the law itself. Maybe the question will come up again and we can get an answer. Or maybe we’ll just have to wait and see if the Marketplace continues to have a firearms section.

 

[323MAR]

Not necessarily, they might just want to get rid of a firearm they aren't going to use.

That's seems to be the case for most listings here. However, there are a handful of members here who compulsively buy new releases every month and frequently sell them to get yet another new toy that catches the eye.
This kind of collecting habit can easily be mistaken for selling as an unlicensed dealer for profit. There's nothing morally wrong with this, but ATF has always frowned upon it.
Basically what I'm trying to say is that frequent purchasers of firearms who frequently sell/trade from their collection might just want to "slow their roll" for now.

 

[323MAR]

It's too soon to declare defeat. There will be lawsuits, so don't expect this situation to be resolved anytime soon.

 

[JBP55]

BS, If you are reducing your inventory and selling your inventory below your cost you are not "Making a Profit From The Sale".

 

[Gator 45/70]

Yeah take Uncle Don and all his rifles he inherited from his Paw whom was a Bonafide gunsmith.
Been sitting in a garage or storage say 25 years, Some of these are 100 years old or better.
He's like I need to get rid of a bunch of these since I don't shoot and these are slowly rusting away.
There we have it, We are not rich like fedzilla for some reason?

 

[jcbvh]

The marketplace section here isn't an e-commerce site, it's a classifieds site. As you said, these are just listings same as if we put an ad in a newspaper or a flyer on a telephone pole. You can't actually purchase anything natively here on BS (other than a membership, of course).

I agree with you, but you know how this works right? Expect the Bloomberg plants to join or look at the marketplace, and then file a lawsuit implying just the opposite. They have deep pockets so it will be a battle of wills and wallet. They will do this type of crap nationwide just as they did when people use to foolishly post firearm serial numbers openly. These twats would then notify police of a stolen firearm being sold just to cause law binding people grief. Hopefully Im completely wrong.

 

[Manimal]

BS, If you are reducing your inventory and selling your inventory below your cost you are not "Making a Profit From The Sale".

That's 1 scenario of many, and the vast majority of hobbyists/collectors/owners aren't selling an inventory for less than cost. That's quite the demand from
government, to demand you take a loss on a declining inventory/collection or become a dealer to break even or to compensate for fuel/time/fees.

It's your job to prove the you made
and intended to make no profit, you are
guilty until proven innocent.

I hope you saved all of your receipts and papers, made a strong case for yourself, or you're a felon. Period.

 

[Manimal]

Anyone suspected will be assumed Guilty until Proven Innocent.

Y'all know how this works. A bunch of FFL/LLCs and LEOs excusing it and making BS up, to justify this illegal rule which increases their profits and power, doesn't change reality.

 

[CavalryJim]

<humor> Look on the bright side. Have you ever said or heard someone else say "I wish I had never sold that gun"? Now we have an even better reason to keep them! </humor>

 

[Gator 45/70]

Firearms as an investment is a very poor return of your, you're ,Ur money.

 

[AdvancedLaser]

Firearms as an investment is a very poor return of your, you're ,Ur money.

(Except NFA)

 

[highstandard40]

I see many of y’all discussing the new “rule” because it is not a law, those are passed by congress and this was not. Anyway, much of the discussion here leaves out this crucial detail: quote from the WH itself: “Evidence that a person placed ads online or reserved a table at a gun show shows that the person is intending to profit from the sale.”

And this is the problem as long as the current administration is in power along with a compliant ATF. They are free to " interpret" and enforce policy to their own liking. This leaves us to defend ourselves in court.

 

[AdvancedLaser]

And this is the problem as long as the current administration is in power along with a compliant ATF. They are free to " interpret" and enforce policy to their own liking. This leaves us to defend ourselves in court.

Until Chevron Deference makes it way thru USSC.

 

[thperez1972]

I guess I’m not clear enough in my question. I didn’t mean to insinuate that a decision either way would have any rhyme or reason or actual correlation to the law itself. Maybe the question will come up again and we can get an answer. Or maybe we’ll just have to wait and see if the Marketplace continues to have a firearms section.

You asked a question and you've gotten an answer. If you feel like the answer didn't match the intent of your question, you are more than welcome to clarify your question.

 

[thperez1972]

That's seems to be the case for most listings here. However, there are a handful of members here who compulsively buy new releases every month and frequently sell them to get yet another new toy that catches the eye.
This kind of collecting habit can easily be mistaken for selling as an unlicensed dealer for profit. There's nothing morally wrong with this, but ATF has always frowned upon it.
Basically what I'm trying to say is that frequent purchasers of firearms who frequently sell/trade from their collection might just want to "slow their roll" for now.

I'm wouldn't be surprised if some people who place ads on here would come under scrutiny based on the proposed rule.

I agree with you, but you know how this works right? Expect the Bloomberg plants to join or look at the marketplace, and then file a lawsuit implying just the opposite. They have deep pockets so it will be a battle of wills and wallet. They will do this type of crap nationwide just as they did when people use to foolishly post firearm serial numbers openly. These twats would then notify police of a stolen firearm being sold just to cause law binding people grief. Hopefully Im completely wrong.

No money for the transfer goes through the site. The site does not charge to place an ad. Although an account is needed, the accounts can be obtained for free. There's no way to imply the opposite. There's nothing they can provide to the contrary. The site makes no more or less money depending of if a sale occurs or doesn't occur or even if an ad is or isn't listed.