{"id":2578,"date":"2024-07-11T11:25:24","date_gmt":"2024-07-11T11:25:24","guid":{"rendered":"https:\/\/americangunpeople.com\/?p=2578"},"modified":"2024-07-11T11:25:24","modified_gmt":"2024-07-11T11:25:24","slug":"busting-gun-control-lobby-myths-about-atfs-new-rule","status":"publish","type":"post","link":"https:\/\/americangunpeople.com\/?p=2578","title":{"rendered":"Busting Gun Control Lobby Myths About ATF\u2019s New Rule"},"content":{"rendered":"


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There is a lot of misinformation about the ATF\u2019s newest \u201cEngaged in the Business\u201d rule circulating on Capitol Hill. Supporters of the rule falsely claim that the rule simply implements Section 12002 of the Bipartisan Safer Communities Act<\/em> (BSCA) which was passed with the support of both Republicans and Democrats in 2022.<\/p>\n

MYTH 1:<\/u><\/strong> Among others,[i]<\/a> Attorney General Merrick Garland, speaking about ATF\u2019s new rule, stated:<\/p>\n

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\u201cIt will also close the gun show loophole.\u201d[ii]<\/strong><\/a><\/em><\/p>\n<\/blockquote>\n

As ATF Director Dettelbach stated clearly before the House Judiciary Committee, there is no so-called \u201cgun show loophole\u201d and \u201cthere never was.\u201d[iii]<\/a> This rule cannot close a loophole that never existed!<\/p>\n

MYTH 2:<\/u><\/strong> Moms Demand Action executive director Angela Ferrell-Zabala described the rule as:<\/p>\n

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\u201cExpanding background checks and closing the gun seller loophole\u2026\u201d[iv]<\/strong><\/a><\/em><\/p>\n<\/blockquote>\n

But private firearm sales (without background checks) are legal for long guns in 42 states and for handguns in 32 states\u2014even using data from the Giffords law center.[v]<\/a> There is no \u201cgun seller\u201d loophole to be closed, only lawful private firearm sales to be suppressed.<\/p>\n

MYTHS 3 & 4:<\/u><\/strong> A form letter from Everytown for Gun Safety claims that:<\/p>\n

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\u201cATF’s rule provides clear guidance that people who seek to sell guns for profit\u2014whether that’s a brick-and-mortar store, a gun show, or online\u2014must become licensed dealers and run background checks.\u201d[vi]<\/strong><\/a><\/em><\/p>\n<\/blockquote>\n

First, ATF\u2019s rule is anything but clear. ATF Director Dettelbach was unable to tell Rep. Chip Roy whether he needed a license to sell even one gun to his friend in Texas\u2014where private firearm sales are lawful.<\/p>\n

Additionally, the rule does far more than the Bipartisan Safer Communities Act<\/em>. BSCA merely struck 8 words and inserted 5 words to cover a handful of situations in which an individual might have been trying to sell firearms \u201cpredominantly to earn a profit\u201d but not for his or her \u201clivelihood.\u201d<\/p>\n

ATF\u2019s Engaged In The Business <\/em>Rule Goes Far Beyond Statute<\/strong><\/p>\n

While the rule in part implements the BSCA, it also greatly expands the ATF\u2019s authority well beyond the statute as authorized by Congress:<\/p>\n