ATF agents
(AP Photo/David Goldman)
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The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sure was quick to implement portions of the Bipartisan Safer Communities Act (BSCA) that benefit their gun control agenda but seem to be ignoring other parts of the law that would make it easier for firearm retailers to do business.

The Biden-Harris administration is cherry-picking the law to appease gun control advocates and ignoring portions of the law that actually keeps guns out of the hands of criminals. And it “seems,” that’s a polite way of saying that’s exactly what’s happening.

President Joe Biden has been proud to tell his political donor class that he was responsible for signing into law the Bipartisan Safer Communities Act, what he terms as “the most meaningful gun safety law in 30 years.” NSSF didn’t support the law in its entirety. There were portions of the law that were just unacceptable. The law failed to provide a meaningful definition of a “willful violation” for firearm retailers that could cost them their license and livelihood in a “zero-tolerance” policy era. That was just one point of difference, but there were points upon which NSSF agreed. Yet, the administration is dragging its feet when it comes to implementing those parts of the law.

Two Provisions

NSSF did support parts of the law that provided more resources for mental health treatment and improved school security. NSSF also supported improvements that beefed up criminal penalties for illegal straw purchases, especially if those firearms are trafficked across state lines.

There were two other provisions that seemed minor but make a significant difference to firearm retailers. One of the law’s provisions allows federal firearms licensees (FFLs) to use the FBI’s National Instant Criminal Background Check System (NICS) to screen current and prospective employees. That’s a no-nonsense part of the law upon which all sides can agree. The firearm industry doesn’t want firearms in the hands of those who are prohibited, and it only makes sense that a business owner is rock-solid sure that those individuals staffing the gun counter or handling a firearm or ammunition at a factory aren’t prohibited by law from possessing guns or ammunition themselves.

The second provision allows firearm retailers to screen used firearms they take into their inventory to ensure those firearms haven’t been reported as stolen. Before the law was signed, there was no other way for a retailer to be sure that a used firearm they are buying from a private individual wasn’t stolen. Having the ability to screen the firearm gives reassurance to the retailer that they’re not unknowingly receiving stolen property – especially a firearm that could have potentially been used in other crimes.

Firearm retailers are most often at the frontline of ensuring firearms stay out of the hands of those who cannot be trusted with them. That’s why NSSF championed the NICS verification – the instant point-of-sale background check – that tells the firearm retailer if an individual is prohibited from possessing a firearm or if they can proceed with the sale. The part of the Bipartisan Safer Communities Act allowing firearm retailers to screen incoming used guns only strengthens that frontline defense to protect America’s communities and protects the businesses too.

Except none of that is happening. The Department of Justice (DOJ) had 90 days – three months – to implement these two portions of the law. It’s been 19 months – and counting.

What They Focused on Instead

That’s not to say that the DOJ and ATF haven’t been busy. They’ve had their hands full with other ideas. Since the Bipartisan Safer Communities Act was signed into law, The White House published Executive Orders and Proposed Rules to clamp down on gun rights and overreach on their authority allowed by the laws passed by Congress.

The ATF published the “Engaged in the Business” Proposed Rule, which NSSF objects to and submitted comments on during the public comment period. The Bipartisan Safer Communities Act already addressed the question of redefining who was considered to be engaged in the business.

Congress made a one-word change to the “engaged in the business” definition by removing the word “livelihood” that the courts had effectively read out of the statute. The law still defines a firearm dealer as, “a person who devotes time, attention and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.”

Attorney General Merrick Garland said that was enough to consider it a “mandate” from Congress to go it alone and let the Biden-Harris administration come up with their own definition – and criminal law while they were at it. That resulted in a 108-page proposal that’s a thinly-veiled attempt to create a universal background check scheme. That, of course, wouldn’t work unless DOJ is able to create a federal firearm registry to make it work. That’s still forbidden by federal law.

Yet, we see the respect the Biden-Harris administration is giving to the law. When the law doesn’t do what they want, they make it up anyway. When it doesn’t help their political agenda, they ignore it.

Quick on Control, Slow on Safety

While the DOJ hasn’t been able to get around to implementing two provisions in the Bipartisan Safer Communities Act that actually help stop criminals, The White House has been busy. They published an Executive Order to move as closely as possible to universal background checks, push the adoption of so-called “red flag” laws that still lack Due Process protections, use the Defense Department’s acquisition process to get firearm manufacturers to knuckle under to their gun control demands and chill the First Amendment rights of firearm manufacturers to advertise.

The White House was also busy standing up a new Office of Gun Violence Prevention. The Biden-Harris administration caved to the demands of their campaign benefactors to create a Cabinet-adjacent office to implement gun control from The White House. That office is staffed by gun control lobbyists who are now collecting a federal check to eliminate the rights of law-abiding citizens. Meanwhile, the “whole of government” attack on the industry is taking shape at the Bureau of Industry and Security (BIS) that implemented a 90-day pause on exports to most of the world and, according to a proposed rule leaked to The Reload, is about to impose even greater restrictions on exports.

The White House Office of Gun Violence Prevention’s biggest accomplishment so far has been to call in state lawmakers to convince them to carry out the Biden-Harris gun control agenda of banning Modern Sporting Rifles (MSRs) and standard-capacity magazines, pass more public nuisance laws that ignore the Protection of Lawful Commerce in Arms Act (PLCAA) and franchise gun control offices to state governors like they are a fast-food chain.

Except nothing will be fast and what the American public orders will be delivered completely wrong. Kind of like ordering tools that actually make communities safer and after 19 months and counting, all you have is gun control pet projects.

-Courtesy Larry Keane, NSSF

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60 COMMENTS

  1. Meanwhile the NSSF gave A grades to the Traitor RINOs who wrote and pushed this bill through the Senate. Yup. They liked it before they hated it apparently. Good job Larry Keane

  2. Here’s an important update for some folks on this list who are constantly asking:

    “Who is Ray Epps?”

    The Oath Creeper chapter president and former Marine has been sentenced for his part in the January 6 attempted insurrection. They went relatively easy on him because he apparently never actually entered the United States Capitol.

    “Former Oath Keeper Ray Epps was sentenced to one year of probation on Tuesday for his role during the attack at the Capitol on Jan. 6.

    In addition to the year of probation, Epps received a $25 fine, $500 restitution and 100 hours of community service.”

    https://abcnews.go.com/amp/Politics/former-oath-keeper-ray-epps-sentenced-year-probation/story?id=106231996

    “Before his sentencing, Epps said that he never should have believed claims that the 2020 election was stolen.

    “Truth is not always found in the places I used to trust,” Epps said in court on Tuesday, appearing virtually and noting that what he called “Trump cult” turned on him.“

    • MINOR49er, You are way off subject here, Leftie. But then you really want to deflect from the article which points out Leftist Control Freak Hoplophobia.

    • Just remember, miner, that you’ve publicly embraced using weaponized federal agencies against your political opponents. The pendulum will swing back and then I wonder how much whining you will do?

      You’re making the same mistakes that your buddies in the SS made during ww2. You haven’t won the war and yet you behave as if you have and there will be no accounting.

      • “you’ve publicly embraced using weaponized federal agencies against your political opponents“

        I do believe federal, state and local law enforcement and prosecutors should vigorously investigate and prosecute violations of the law.

    • If the readers would just stop responding to these wooden heads eventually they will go away. They’re pulling you chain and getting the notice they crave.

      • Roger that argument has been made before. You see that kind of thinking just doesn’t work. If we fail to respond to their lies, they will take it that we are “seconding” their propaganda.

  3. “The second provision allows firearm retailers to screen used firearms they take into their inventory to ensure those firearms haven’t been reported as stolen“

    This is a very important provision.
    I know many may object, but I would like to see an online database of stolen firearms so private purchasers could make a reasonable effort to ensure they were not engaging in transferring stolen property.

    This one provision may significantly slow down traffic in stolen firearms, if thieves knew perspective private purchasers could check if the firearm was stolen it might act as a disincentive.

    Let’s hope this service extends to individual citizens so they could make a good faith effort to avoid trafficking in stolen firearms.

    • Online databases are 1000% accurate, up to date, and are never hacked.
      This one provision may significantly slow down traffic in stolen firearms
      You’re suggesting that someone won’t steal a firearm because if they try to sell it “legitimately” in the future, they would get caught?
      Explain how this will reduce crime. Show your work. Just because you think it “might” does not mean it will.

      (Note – it’s my understanding that, eg, Pawn Shops generally hold everything they purchase for a period of time in the event that it is reported lost/stolen….)

      • to 300

        Its elementary that it sure would reduce illegal guns and criminals attempting to sell them. If the guy’s gun failed a check or if he refused to let you run a check on his gun you then get the guys license number and report him to the police or stall the sale while you press 911, even if you say nothing the cops are required to come to assist you. You could also back out of the sale and follow the guy until the police came to get him, it would be very effective at gun shows and flea markets or even in a bar.

        A few civilized states require this check at gun shows.

        All this baloney would be avoided if there were mandatory Universal Background Checks as it would be devastating to criminals trying to acquire guns when most of their supply would dry up almost overnight.

        The Far Right are always their own worst enemies because when they oppose Universal Background checks every time a crime is committed by a person who should not have been able to get a gun there are always more calls for more draconian gun laws.

        • Illegal drugs became impossible to get once said drugs were made illegal. Ended addiction overnight.

          You are a low iq, uneducated moron. But this we already knew.

        • Still promoting removing “gun violence” by removing “gun owners”?

          Still aiming to exceed Vasily Blokhin in personal count, Pol Pot in percentage count, and Mao in total count? That would make you the most prolific serial killer and mass murderer in history. To you this is not a mark of shame but a sign of your dedication to your cause, while you are considered useful.

        • dacian, the DUNDERHEAD. How do you come up with this nonsense? Either you do not have any incite into the criminal mind or you are just plain ignorant. Since when does a criminal go to the corner store (FFL) and buy a gun or his ammo?

          your whole premise is faulty.

    • RE: minor49iq…”This is a very important provision.
      I know many may object, but I would like to see an online database of stolen firearms so private purchasers could make a reasonable effort to ensure they were not engaging in transferring stolen property.”

      Instead of you sitting around wishing and hoping for someone to do it for you so for once you could feel good about yourself I would like to see you unarmed and out trying to retrieve stolen firearms on the weekend in Chicago and other democRat ran hellholes…Hop to it.

    • “Explain how this will reduce crime“

      Honest people care whether the firearm they are purchasing is stolen or not.

      Would you purchase a firearm you knew to be stolen?

      Purchasing a firearm you know to be stolen is in fact, a crime.

      • What makes you think that a criminal will try to sell a stolen firearm at an FFL as opposed to getting a higher price out in the street? And what about the poor schmuck who did nothing wrong except buying a gun without knowledge that at some point in time, likely years prior, the gun was stolen? Buyers do not have the luxury of running a firearm serial number through a computerized list of firearms reported stolen.

        • “And what about the poor schmuck who did nothing wrong except buying a gun without knowledge that at some point in time, likely years prior, the gun was stolen?“

          Exactly, that’s why the public should have access to the database of stolen gun serial numbers.

          That would cause a drastic reduction in the market for stolen guns because honest folks could check the database before they bought a firearm in a private sale.

        • MINOR49er, I have no problem with civilians having access to that data base, but I do have a problem with making it mandatory.

        • MINOR49er, I have no problem with civilians having access to that data base, but I do have a problem with making it mandatory. Again, you are trying to legislate common sense.

    • I used to be able to call my local Sheriff’s office and ask them to run the numbers on gunms I was going to buy.
      Then they quit that.
      They told me to buy the gunm, bring it in and then theyd run the numbers. I said ” What if its hot?”
      They said theyd take the gunm.
      I said “what about my money?”
      Well that would be your loss.

  4. …for firearm retailers that could cost them their license and livelihood in a “zero-tolerance” policy era.

    Serious question because I have no idea: does the ATF go around busting the balls of liquor stores, or small business owners with a license to sell alcohol in the same manner they do to FFLs?

    Deaths/assaults/health issues/mental anguish from alcohol-related issues vs firearms…compare and contrast.

    • No kidding. I’ve never heard of a liquor store or cigarette manufacturing plant being raided.

      I imagine it’s because all they think they need to do is send a plain clothes agent to Phillip Morris or Budweiser to conduct an audit, being “safer” industries.

    • The other letter(F for firearms) has been over regulated and taxed. While I stopped smoking when a carton of smokes was $3.35, todays prices would be enough to get most people to at least try to quit. I stopped for my health.

      The powers that be will raise prices on firearms and ammo(giving a break to those in L.E.) which will make it very expensive and many will not be able to keep up with our training.

      • California just implemented an 11% tax on sales of firearms, firearm parts, and ammunition. This is on top of the state base sales tax rate of 7.25%, plus any local taxes. In the LA area, for example, the total taxes paid will exceed 20% of the cost of the item purchased. (Yes, the State has an agenda, but we all know that.) And this does NOT include the additional state background check fee of $37 and any transfer fee charged by the FFL. (No private sales in California allowed.

    • Good suggestion. I like it. My wife and I have a few toys we play with, including an AR, and enjoy target shooting with all of them; but generally speaking have no problem with keeping firearms away from criminals. the mentally infirm or unsupervised juveniles.

    • ATF probably has bigger game to chase with its limited resources, but most states regulate the ages at which different alcohol products may be sold, purchased and served. Some states even allow parents to purchase and serve an alcoholic drink to their minor children in a restaurant setting. Other than that less common exception, the states are VERY AGGRESSIVE in controlling the sale of alcohol to underage minors. Sending in a minor who looks older than his or her age to make an alcoholic beverage purchase is a very common technique and suspensions or losses of licenses to sell are the usual penalty.

  5. minor49iq…If your goal was to persuade people from voting for TRUMP you failed miserably. Unfortunately none of the misguided garbage that burned and looted during the democRat Riots were prosecuted. And had some been prosecuted they too would have turned to finger pointing desperation and sought mercy from the court.

    Don’t you think lowlife democRats like those today who are trying to deny millions the right to vote for DJT are not capable of rigging elections in the darkness of the night for a disgrace like crime and poverty joe?

    TRUMP 2024.

  6. quote——————–That resulted in a 108-page proposal that’s a thinly-veiled attempt to create a universal background check scheme. That, of course, wouldn’t work unless DOJ is able to create a federal firearm registry to make it work. That’s still forbidden by federal law.——————————quote

    The above statement is a total falsehood. Universal Background Checks would simply enhance the already in place Brady Law that vets new guns but would then also vet second handgun sales. To state that Universal Background Checks is illegal then is to state that for all these decades the Brady Act was illegal as well. The courts would have no choice but to rule that Universal Background checks are legal.

    • Nonsense. There is no federal law requiring background checks for private sales, only for sales through an FFL. The issue then is whether any particular state allows private sales. Some do, some do not.

    • Universal Background Checks would simply enhance the already in place Brady Law that vets new guns but would then also vet second handgun sales

      So, shall we list all of the persons who, in the past 5 years, passed a background check (that shouldn’t have), acquired a gun, and then committed a crime?

      Background checks assume you are guilty, until you prove you are innocent. They did not exist prior to the Brady Bill. Guns weren’t required to have serial numbers prior to the GCA. As a result, the Bruen decision says that those laws, if challenged, must be struck down as unconstitutional. Expanding background check to be “universal” does not guarantee any of what you seek (reduced crime). In fact, it likely increases the black market value, thus increasing firearm theft, or personally built firearms.

      We’ve seen this play out in other countries. We’ve seen this play out in this country with drugs and alcohol. Yet you still firmly believe that this next law will eliminate crime.

      • to 300

        Obviously you ignore gun control History. Every civilized nation on earth has Universal Background Checks and they work well and much better than our lack of such a law. The far lower homicide and mass murder rate in Europe and Asia has proven this beyond all doubt.

        Only deranged paranoids cannot see or understand historical truths. Let’s face facts and put it on the 5th grade level. When a person in the U.S. fails the Brady Background Check or in most cases does not even attempt to buy a new gun but then goes to a gun show, flea market, internet chat room or local booze hall and buys a second hand gun with no paperwork and no background check if that is not pure insanity than I do not know what would be. Of course sick paranoids cannot accept facts or even common sense reality. For the sick paranoids “innocent lives lost can never be too high to sacrifice on the Altar of zero gun control”.

        Putting it on the 1st grade level you will never keep guns out of the hands of criminals and lunatics by giving them all the firepower they want by permitting them to buy all the second hand guns they could ever want or need.

        • We’re talking about the United States here, d, not all the totalitarian “nations” that beat thier citizenry into submission..try to keep up..

        • dacian, the DUNDERHEAD, Here we go again with that “civilized nations” nonsense? I don’t give a rat’s behind what your Leftist control freak “civilized nations” (sic) do.

          You see, DUNDERHEAD, criminals don’t follow the law re: your Brady Background Checks to begin with. What makes you think they will with this “Universal Background Check” nonsense. In that “Universal Background Check” proposal isn’t maintaining the records of purchases part of that proposal? Now that I have put this on a 1st grade level, do you understand now? Or has your hoplophobia infected your mind that what I have said will send you into a tizzy?

    • dacian, the DUNDERHEAD. This quote: quote——————–That resulted in a 108-page proposal that’s a thinly-veiled attempt to create a universal background check scheme. That, of course, wouldn’t work unless DOJ is able to create a federal firearm registry to make it work. That’s still forbidden by federal law.——————————quote is an OPINION, ipso facto, it cannot be a falsehood.

      Universal Background Checks are a farce. For some ungodly reason, you think (JBOL) that criminals are going to go to the local store or some private person and subject themselves to a “Universal Background Check” . On what planet? Here is a HINT! Criminals don’t follow the law and law abiding citizens as a general rule don’t resort to “gun violence”.

      To state that the Brady background checks are “illegal” would completely decapitate your gun control agenda. If a universal background check is UNCONSTITUTIONAL then so would the Brady checks.

      There you go again with that “civilized nation” bull crap. When your “UNIVERSAL BACKGROUND CHECKS” don’t work in stopping what you control freaks call “gun violence” ( sic: a gun being an inanimate object can’t be violent) going to call for? Gun confiscation?

      • Walter go back to grade school and master reading comprehension.

        No, you deranged moron the article stated that Universal Background Checks would be a violation of Federal Law. It was not stated as an opinion. Stay off the drugs Walter your rants are really getting totally bizarre.

        • dacian, the DUNDERHEAD, what part of “SHALL NOT BE INFRINGED”, doesn’t your hoplophobic mind not understand? UNconstitutional laws are a VIOLATION of Federal law. You see DUNDERHEAD, the Constitution is the LAW OF THE LAND.

          I don’t know what you are smoking, but it must be laced with hoplophobia.

          Have you figured out the firing sequence of a cartridge yet? 🫵

        • dacian, the DUNDERHEAD, I find it fascinating that you did not find any fault with my point that criminal won’t have any problem ignoring your “Universal Background Checks”. And finding that “Brady Background Checks” being found illegal (i.e.: Unconstitutional) would decapitate your entire “”gun control agenda”, would it not?

    • When I heard my (childhood) friend in Venezuela couldn’t get toilet paper, I thought that was awful. But that wouldn’t happen here.

      • “But that wouldn’t happen here”

        Shortages of toilet paper, and much, much more occurred during the Trump administration:

        “Trump urges no hoarding as coronavirus panic strains grocery stores
        The administration and food retailers say the supply chain is strong, despite long lines and empty shelves at stores.
        Empty grocery aisle
        A produce section at a local grocery store in Burbank, Calif., is picked clean after panicked shoppers swept through, stocking up on supplies in fear of the coronavirus. | Richard Vogel/AP Photo

        By RYAN MCCRIMMON
        03/15/2020 06:23 PM EDT
        The Trump administration and grocery industry leaders say the U.S. food supply chain is holding up despite heavy strain amid worries over the coronavirus outbreak, which has cleared out shelves of nonperishable foods, household cleaners and essentials.“

        • quote————Orange Man Bad!
          Be sure to scream at the sky.——-quote

          Dud brain, that is the first truthful post you ever made here. But rather than waste time screaming at the sky sane people are going to vote for Biden in 2024 so we can put Trump in prison for the rest of his depraved life. No sane person wants a Trump dictatorship and the destruction of Democracy which Trump tried to pull off back during his January beer hall putsch reminiscent of Hitler’s beer hall putsch of 1923 that also failed.

          I do feel sorry for Biden as he has stated that if it was not Trump running he himself would not run for a second term but the danger of another Trump presidency is so existential that he has no choice but to save the U.S. from that catastrophe.

        • Dude. This retard and others like him have turned Trump into a martyr.

          It would cost Trump billions to pay for the publicity they’re giving him for free.

        • Democrat buzzwords used: democracy and existential. -Check

          Reference to Hitler. -Check

          Believing or pretending to believe Biden’s sole reason for running. -Check

          Referring to Trump as a dictator and hoping he gets life in prison. -Check

          Lil’d is like a caricature of a Democrat. Wait, is this the fake account?

        • “It would cost Trump billions to pay for the publicity they’re giving him for free“

          Yes, there is a certain amount of notoriety that comes with felony indictments, but there’s an old saying about that.

          “Fools names, like fools faces, are often seen in public places”

          And I must say, I particularly enjoyed the oral arguments before the appeals court regarding absolute presidential immunity.
          With a few simple questions the judges revealed trumps lawyer for the fool he was.

        • MINOR49er, JBOL! “Shortages of toilet paper”? First, I did not have any problem finding toilet paper in the stores. Second, if I did, I could use a Lame Stream Media news rag. There were some shortages but that was due to Fauci’s big lie, i.e.: that he had no involvement in the Covid-19 manufacture by the Red Chinese in Wuhan.

        • dacian, the DUNDERHEAD, you have just blown it! Sleepy Joe’s administration has been an unmitigated disaster of the 1st degree.
          Even Sleepy Joe is aware his chances for reelection are at best slim to none.

          You are right about one thing; Trumps reelection to the presidency would be a disaster to open borders, and more of your Leftist ideology and agenda. Much of it would be reversed.

        • “Trump’s January 6 beer hall putsch reminiscent of Hitler’s beer hall putsch of 1923“

          Nailed it.

        • MINOR49er. There is ONE very succinct problem with your propaganda. There was no “January 6 beer hall putsch”.

  7. Talk about “self-incrimination”, Mr. Keane explained quite clearly that NSSF supports gun control, in every regard.

    BTW, the “public comment” period is merely a tool to let objectors blow off steam; not a means for the public to influence agency actions.

  8. The part they all neglect to see is that “ghost” guns cost more than serialized ones. Why would a criminal pay more for the ghost gun when he could pay less for the serialized one and simply destroy the serial number? It’s like lefties can’t manage to comprehend the simplest of ideals. A criminal isn’t going to stop committing crimes because a new feel good law was passed. Nope that criminal chuckles at the idiocy of the political overseers and how badly they wish to disarm the peasant class leaving only criminals armed. The sheer level of stupidity in this ideology is unbelievable.

  9. “…and chill the First Amendment rights of firearm manufacturers to advertise.”

    Interesting. My wife’s laid up at the moment, took a fall after a hip replacement. She’s watching a lot of ‘western’ films and ‘series’ shows on TV. Happened to be walking by the screen and saw an ad for “Henry” rifles. Good to see.

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