Universal background checks

Lee

Established Member
Jan 29, 2016
51
106
Birmingham
Technically, it's not "universal background checks", at least not yet. It's a huge step closer, so we might as well call it that. I'm only explaining the details so we are educated and informed and can explain our position. UBC absolutely requires an exhaustive gun registry, and so far the ATF is prohibited from compiling one. But we all know they'll do everything they can to accomplish this. Any time an FFL stops being an FFL, they are required to turn over ALL their 4473s from forever; and I will assume they pay some minimum wage flunkies to create some digital, black, secret, searchable database even if prohibited by Congress.

The Gun Control Act of 1968 enshrined in 18 U.S. Code § 921(a)(21)(C) the definition of a "dealer" being "engaged in the business" as one who "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". What's important here is the difference in what it says now versus what it said 2 years ago. From 1968 until 2 years ago it read the same as the definitions for manufacturers of firearms and ammunition (18 U.S. Code § 921(a)(21)(A) and (B)): "who devotes time, attention, and labor to...as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of...". Two years ago, the bullshit Bipartisan Safer Communities Act took away the "livelihood" component. Now, it's only "profit" for dealers of firearms. They didn't change the definitions for manufacturers of firearms or ammunition, only dealers.

921(a)(21)(C) also includes "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", but good luck arguing that against charges of dealing without a license.

Therefore, you should be fine occasionally selling from your collection or buying to build your collection. The question is how far are you willing to risk it?
 

DB35114

Established Member
Oct 3, 2021
41
83
Alabaster
It does say for profit, if you sell for a loss of anything less than you paid say $1.00. Of what you paid or market value,by their wording wouldn’t that bypass this.just a thought
 

DoyleAlley

Established Member
Sep 15, 2022
92
91
Rainbow City, Al
It does say for profit, if you sell for a loss of anything less than you paid say $1.00. Of what you paid or market value,by their wording wouldn’t that bypass this.just a thought
One of the problems with the wording of this new rule is that "posting on the internet" is presumption of attempting to sell for profit.
 

Lee

Established Member
Jan 29, 2016
51
106
Birmingham
One of the problems with the wording of this new rule is that "posting on the internet" is presumption of attempting to sell for profit.
Agreed. They cannot prove "profit", and you cannot prove no profit. All they have to do is allege intent, and your world is fucked. It's all about probable cause. If they can convince a judge to sign, it's over.
 

Kowpot1

Established Member
Apr 28, 2021
16
17
Dothan, Al
Write a bill of sale and for total cost, write for services rendered. That could mean anything. Just let the person air up one of your tires. Or clean your windshield. Who says I'm unwilling to trade an AR-15 for nice clean windows in my truck? If I want to tip you on the side $600.00, that's my business.
 
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Chikn

Established Member
Sep 2, 2023
64
104
Opp
How far am I willing to risk it?
I've got some id like to sell...I built specific and am physically unable to play the games anymore.
I won't sell without getting a DL and CCW...literally creating laws where none exist, thereby becoming the thing I hate.

Stasi....
 
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