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New definition of "in the business"

Posted: Tue Mar 14, 2023 8:43 am
by Springfield
Seeing news that Biden signed Exec Orders to be announced today (14 Apr) that will expand the definition of "gun dealer" trying to require almost universal background checks. Does anyone have the details on the new definition? Are they trying to prevent private sales not currently subject to Federal laws?

Re: New definition of "in the business"

Posted: Tue Mar 14, 2023 9:20 am
by REDinFL
It likely will be along the lines of "What I say it is."

My speculation is the weasel word salad will have something to do with number of guns bought or sold during some period, or if money was made on a purchase subsequently sold.

It will be, as with so many EOs, a Diktat happily enforced by Apparatchiks.

Re: New definition of "in the business"

Posted: Wed Mar 15, 2023 5:09 am
by P5 Guy
Okay! Now do background check on punks stealing guns!

:lol:

Re: New definition of "in the business"

Posted: Wed Mar 15, 2023 1:47 pm
by flcracker
SEC. 12002. DEFINING ‘‘ENGAGED IN THE BUSINESS’’. Section 921(a) of title 18, United States Code, is amended—
(1) in paragraph (21)(C), by striking ‘‘with the principal objective of livelihood and profit’’ and inserting ‘‘to predominantly earn a profit’’;

(2) by redesignating paragraphs (22) through (29) as paragraphs (23) through (30), respectively; and

(3) by inserting after paragraph (21) the following: ‘‘(22) The term ‘to predominantly earn a profit’ means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

For purposes of this paragraph, the term ‘terrorism’ means activity, directed against United States persons, which— ‘‘(A) is committed by an individual who is not a national or permanent resident alien of the United States; ‘‘(B) involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the United States; and ‘‘(C) is intended— ‘‘(i) to intimidate or coerce a civilian population; ‘‘(ii) to influence the policy of a government by intimidation or coercion; or ‘‘(iii) to affect the conduct of a government by assassination or kidnapping.’’.

Re: New definition of "in the business"

Posted: Thu Mar 16, 2023 3:27 pm
by Springfield
Thanks flcracker, just what I was looking for. Glad they still exempt "improving or liquidating a personal firearms collection" :D