Posts Tagged federal firearms license

ATF Wants To Ban Private Sales

From Ammoland:

The Biden administration will use executive orders and the weaponized ATF to issue a rule limiting the private sales of firearms. According to the New York Times and verified by AmmoLand News sources, the new rule is expected to be unveiled by the end of the year.

President Joe Biden plans to announce that he is directing the ATF to close what Everytown calls the “private sales loophole” and the “digital loophole.” The “private sales loophole” is when an individual sells a firearm for profit but does not possess a Federal Firearm License (FFL).

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ATF Raids OK Man’s Home FFL

From The Truth About Guns:

Fincher, 52, has had a federal firearm license for three years. He has no brick-and-mortar gun shop. He’s what used to be called a “kitchen table FFL.” He sells most of his firearms at gun shows, including Wanenmacher’s Arms Show in Tulsa. 

“It was like the Trump raid. They called me out onto my deck and handcuffed me. My son was there and saw the whole thing. He’s 13 years old,” Fincher said. “They held me on the porch for about an hour. I was surrounded by agents. One by one, they yelled at me about what I was doing. In my mind I decided if they were going to beat me up over every little thing, I’m done. As soon as I said, ‘If you want my FFL, you can have it,’ one of the agents pulled out a piece of paper and said, ‘Well then sign here.’ He had made three copies in case I screwed one up. It was exactly what they wanted. I was shocked.” 

“You’re done. We have to shut you down,” Fincher recalls Mongell saying. “You tell all your FFL buddies we are coming for them. We are shutting the gun shows down.” 

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UPS Implements Severe Restrictions On Shipping Firearms

From The Truth About Guns:

The new rules came in response to a letter sent by five anti-gun senators, who blamed UPS and 27 other carriers for escalating violent crime rates.

The rules are contained in three documents: A shipping agreement between UPS and a licensed firearm dealer, the new 2022 UPS Tariff/Terms & Conditions of Service, and UPS’s How to Ship Firearms” webpage.

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FFL Revocations Increase 500% Under Biden

From The Truth About Guns:

In the years before the Biden-Harris administration took over the White House, the Bureau of Alcohol, Tobacco, Firearms and Explosives usually revoked an average of 40 Federal Firearm Licenses (FFLs) per year. But, in the 11 months since Joe Biden declared war on “rogue gun dealers,” the ATF has revoked 273 FFLs – an increase of more than 500%. However, rather than targeting the true rogues, Biden’s ATF is revoking FFLs for the most minor of paperwork errors, which were never a concern for the ATF until Biden weaponized the agency.

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FFL Consultants Helps Fight Against ATF Harassment

From The Truth About Guns:

Founded in 2016, FFL Consultants supports all NSSF members. “Anyone can call us,” Bocker said. “We realize the dealer usually has a customer standing in front of them waiting at the gun counter, so we promise 24/7, 365-day live answering – one of us always answers the phone.”

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The Coming FFL Crackdown

From NRA-ILA:

According to the president and his ever-obliging attorney general, a “crackdown” is coming on America’s federally licensed gun dealers (FFLs), with “zero tolerance” for allegedly illegal behavior. While no decent person – least of all the NRA or its members – supports arming dangerous criminals, a recent case from Texas provides disturbing hints as to what this policy might look like in practice.

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Biden Targets FFLs

From The Truth About Guns:

The Justice Department will announce a new “zero tolerance” policy to revoke the federal licenses of firearms dealers who willfully violate gun laws, senior administration officials said. That includes actions such as selling a gun to someone who is prohibited from possessing one, failing to do a background check on gun purchasers or falsifying records.

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The Only FFL In DC Is The Police

From Washington Free Beacon:

In an arrangement unique to Washington, D.C., the local police department is the only federally licensed firearms dealer that is open to the public. Residents tell the Washington Free Beacon, however, that legally obtaining a handgun has become nearly impossible due to the department’s inaction.

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When Is a NICS Check Required?

From Prince Law Offices, P.C.:

It’s no secret that ATF told at least one FFL they need to run a NICS check on trustees picking up NFA firearms on behalf of a trust. In a letter addressed toDakota Silencer, ATF explained:

The term “person” is defined by the GCA at 18 U.S.C. § 921(a)(1), to include “any individual, corporation, company, association, firm, partnership, society, or joint stock company.”

ATF has interpreted the GCA exception in sections 922(t)(3)(B) and 478.102(d)(2) to mean that firearms transfers are exempt from a NICS check when they have been approved under the NFA to the person receiving the firearm. Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.

Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.

There is a lot of technical legal speak in this post but it is fascinating how the government has spun such a tangled web of laws that may actually cancel out or contradict one another.

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