Life just got a little more complicated for those of us who sell the occasional firearm. The White House released a “fact sheet” on the president’s soon-to-be executively-ordered gun control moves last night. One of which features a crackdown on the virtually non-existent “gun show loophole” by more tightly defining who’s considered a “gun dealer.” As cbsnews.com notes . . .
(Attorney General) Lynch insisted Monday that the new guidance on the gun show loophole sets “clear, definitive standards” for anyone who wants to sell firearms. However, the new guidance does not include a specific number of guns that must be sold to qualify as a dealer, since existing law does not specify a number.
However, court rulings have set a precedent that says a person could sell as few as one or two guns and still be considered a dealer, depending on the circumstances. For instance, Lynch explained, if an individual sells a gun clearly for profit, or if they buy and sell a gun kept in its original packaging, they may be considered a dealer.
Only in the upper echelons of government does a nebulous, capricously-applied, non-specific definition constitute a “clear, definitive standard.” Don’t expect any real clarification, either, as that would tie the hands of the ATF in enforcement, and they prefer their regulations fungible and arbitrary.
Still, if you’ve got a heater you want to sell, for whatever reason, you’re going to have to dip a toe in those swirling waters and hope you fly under the radar. Are you a gun dealer?