Newsletter: ATF Casts Shadow Over Used Gun Sales

President Joe Biden’s newest executive action on guns was finalized this week. The ATF submitted its rule on who needs to get a license to sell used guns. The standard seems likely to confuse many people and cause them to doubt whether they can legally sell their guns. The Biden administration celebrated it as a huge change and a promise kept as he heads into his re-election campaign.

But, as I explain in a members piece, the new rule repeats a lot of positions the ATF has held for a long time.

Tennessee also became the first state to mandate gun-safety training for school children. California got sued for its refusal to let non-residents legally carry guns under any circumstances. And Contributing Writer Jake Fogleman examined an ATF report on gun trafficking.

Plus, gun-rights lawyer Matt Larosiere joins the podcast to explain why he believes the Second Amendment covers illegal immigrants.


Gun show attendees look at an ammo display
Gun show attendees look at an ammo display / Stephen Gutowski

Biden Moves to Expand Licensing Requirements for Used Gun Sellers
By Stephen Gutowski

The ATF is set to publish a new rule expanding who needs to obtain a federal license before selling firearms on the secondhand market.

On Thursday, President Joe Biden announced the agency submitted its proposed gun dealer licensing rule for publication. The rule formalizes a series of factors the ATF has long contended determine when somebody selling used guns must get a Federal Firearms License (FFL) and adds a few new ones. The President said the changes were designed to force more gun sellers to conduct FBI background checks.

“Today, my Administration is clarifying when folks must get their license and run background checks, and ensuring that gun show and online sale loopholes no longer exist,” Biden posted on social media. “We’re keeping guns out of the hands of abusers and felons.”

Click here for more.


Customers handle some pistols at a gun show booth in December 2023
Customers handle some pistols at a gun show booth in December 2023 / Stephen Gutowski

Analysis: Will Biden’s New Gun Dealer Rule Have Much Effect? [Member Exclusive]
By Stephen Gutowski

The short answer is yes. The longer answer is not as clear.

On Thursday, the ATF published its final rule codifying new standards for what it means to be “in the business” of selling guns and, therefore, need a Federal Firearms License (FFL). The rule points to a number of specific indicators for determining if somebody is dealing guns “predominantly for a profit” as a business. But it also doesn’t draw hard lines on how many guns somebody can sell or how much money they can make before needing a license.

It will probably impact how Americans sell guns, but perhaps not in the way people might first expect.

If you’re a Reload Member, click here to read the rest. If not, join today for exclusive access!


school bus near green trees under cloudy sky during daytime
A school bus / Photo by Element5 Digital on Unsplash

Tennessee Lawmakers Pass Bill Requiring Gun Safety Lessons in Schools
By Jake Fogleman

Public schools in the Volunteer State could soon begin teaching students firearms safety.

On Friday, Tennessee lawmakers put the finishing touches on House Bill 2882 following a party-line 24-3 vote in the state Senate. The bill would require all public schools in the state to include annual lessons involving “age-appropriate” and “grade-appropriate” instruction on gun safety starting in the 2025-26 school year. Mandatory topics would include safe firearm storage, school safety relating to firearms, how to avoid injury if a student finds a gun, instruction never to touch a found firearm, and immediately notify an adult if they see one.

Click here to read more.


A set of gun holsters on sale at a Virginia gun store in January 2023
A set of gun holsters on sale at a Virginia gun store in January 2023 / Stephen Gutowski

Gun-Rights Group Sues California Over Non-Resident Carry Rights
By Jake Fogleman

Visitors to the Golden State may have an avenue to lawfully carry a firearm during their trip if gun-rights advocates have their way.

The Firearms Policy Coalition (FPC) filed a new federal lawsuit against California Attorney General Rob Bonta (D.) on Thursday. The suit alleges that the state’s residency requirement for gun carry permit applicants, along with its refusal to recognize the validity of permits issued by other states, acts as an unconstitutional total ban on the right to bear arms for non-residents.

Click here to read more.


Podcast: A Gun-Rights Lawyer Argues Second Amendment Protects Illegal Immigrants
By Stephen Gutowski

This week, we’re discussing a hotly debated topic: the gun rights of illegal immigrants.

federal judge’s recent ruling that the law disarming a defendant who is in the country unlawfully, but who doesn’t have any violent convictions, violates the Second Amendment has drawn a lot of attention. It has been one of our most trafficked stories at The Reload this year.

Given the discussion surrounding all of this, it seemed like a good idea to take a deeper dive into the topic. That’s why we asked gun-rights lawyer Matt Larosiere, who wrote one of those analysis pieces for us, to come on the show. He gave us a fuller explanation of why he believes the Second Amendment protects nearly all people in the United States, regardless of their immigration status.

You can listen to the show on your favorite podcasting app or by clicking here. Video of the episode is available on our YouTube channel.

The news update, which we now publish separately to get it out to you guys a bit faster, is also available. Audio is here, and video is here. Contributing Writer Jake Fogleman and I examine why gun sales have declined through the first three months of 2024.


The entrance to the national headquarters of the ATF
The entrance to the national headquarters of the ATF / Stephen Gutowski

Analysis: ATF Report Suggests Licensed Gun Dealers Aren’t Fueling Black Market Sales [Member Exclusive]
By Jake Fogleman

A new ATF report undermines the Biden administration’s rationale for cracking down on gun dealers.

On Thursday, the ATF released Volume Three of the National Firearms Commerce and Trafficking Assessment. The report, the first comprehensive analysis of criminal gun trafficking by the agency since 2000, examined over 9,700 ATF firearm trafficking investigations between 2017 and 2021 to create a picture of the most common sources of black-market firearms.

It found sales by unlicensed private sales and straw purchases represented just over 80 percent of all cases. Stolen firearms accounted for another quarter of the trafficked guns.

On the other hand, the report identified just 136 cases of illegal trafficking by Federal Firearms Licensees (FFLs). That represents 1.6 percent of cases during the five-year period.

If you’re a Reload Member, click here to read more. If not, buy a membership today for exclusive access to this piece and hundreds of others!


Outside The Reload

Washington state ban on high-capacity ammunition magazines ruled unconstitutional, but state appeals | Associated Press

Idaho woman, 85, fatally shot home intruder in ‘heroic’ act of self-defense | NBC News | By Rebecca Cohen

Parents of Michigan School Shooter Ethan Crumbley Sentenced to 10-15 Years in Prison | The Wall Street Journal | By Joe Barrett

Ohio to purchase mobile homes to train public school staff in firearms | The Guardian | By Ava Sasani

Maryland bill will allow lawsuits against gun industry, but gun tax hike fails | The Baltimore Banner | By Brenda Wintrode

Why I Got a Gun | The Free Press | By Matti Friedman

‘The costs have ballooned’: Canadian government failed to anticipate difficulty of gun ‘buyback’ | National Post | By Brian Passifiume

Pennsylvania Supreme Court Weighs Constitutionality of Protection of Lawful Commerce in Arms Act | Bearing Arms | By Cam Edwards


That’s it for this week in guns.

If you want to hear expert analysis of these stories and more, make sure you grab a Reload membership to get our exclusive analysis newsletter every Sunday!

I’ll see you all next week.

Thanks,
Stephen Gutowski
Founder
The Reload

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