There will soon be much discussion about what a "dealer" is. Here is the essence of that law. From...
There will soon be much discussion about what a "dealer" is. Here is the essence of that law.
From 18 U.S. Code § 921, we find that a firearms "dealer" inclues "any person engaged in the business of selling firearms at wholesale or retail," and "engaged in the business" in this context means "a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and 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."
Further, "with the principal objective of livelihood and profit" requires that the "intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection."
While there could be some confusion in some rare cases, generally, this is not going to be confusing. If you have some guns, and you simply decide to sell some of the guns you don't want anymore, the government cannot use this to legally require you to be a dealer.
The real change will probably be for what are traditionally considered hobbyists, who buy and sell guns and try to make a profit from it, but have other jobs they consider their "livelihood." There's some grey area there for some people.
But the word "and" is important. You must be engaged for livelihood and profit.
From 18 U.S. Code § 921, we find that a firearms "dealer" inclues "any person engaged in the business of selling firearms at wholesale or retail," and "engaged in the business" in this context means "a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and 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."
Further, "with the principal objective of livelihood and profit" requires that the "intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection."
While there could be some confusion in some rare cases, generally, this is not going to be confusing. If you have some guns, and you simply decide to sell some of the guns you don't want anymore, the government cannot use this to legally require you to be a dealer.
The real change will probably be for what are traditionally considered hobbyists, who buy and sell guns and try to make a profit from it, but have other jobs they consider their "livelihood." There's some grey area there for some people.
But the word "and" is important. You must be engaged for livelihood and profit.
"It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt."
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