'Common Sense' Gun-Grabbing? Biden Pushes Huge Fines, Restrictions on Used Gun Sales
First, a word on "common sense." From federal legislation to income tax rates to the sale and ownership of firearms, when Democrats use "common sense" in their various spiels, it's incumbent on the rest of us to never forget: "Common sense" and "Democrat positions and policies" are mutually-exclusive notions.
With the above in mind, let's continue.
Joe Biden is pushing yet another proposal to expand the scope of federal gun regulations on the sale and transfer of firearms. On Thursday, the Department of Justice submitted a new plan detailing who must obtain a federal firearms license to legally sell guns on the secondary market.
In simple terms, the secondary sale of a gun, or the sale by a private seller, refers to the sale or transfer of firearms by individuals who aren't required to be licensed as firearms dealers under federal law. However, 22 states and the District of Columbia have laws that require background checks for some or all private sales, including sales at gun shows.
The Biden administration's proposed rule would set limits on how frequently an unlicensed seller could sell a firearm, how often unlicensed sellers could sell the same type of gun, and set restrictions on the condition of a firearm before the seller would be required to first obtain a Federal Firearms License (FFL).
Under the proposed rule, an individual who violates the rule (sells or transfers a gun without a license) could face up to $250,000 in fines, five years in federal prison, or both.
The White House said in a Thursday release titled FACT SHEET: Biden-Harris Administration Takes Another Life-Saving Step to Keep Guns Out of Dangerous Hands:
In March, President Biden signed an Executive Order directing the Attorney General to move as close to universal background checks as possible within existing law. Today, as a result of the Executive Order and the Bipartisan Safer Communities Act, the Department of Justice is taking life-saving action to reduce the number of guns sold without background checks and keep guns out of the hands of criminals.
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Specifically, the proposed rule, if finalized, would clarify that an individual would be presumed to be “engaged in the business” of dealing in firearms—and therefore be required to become a licensed firearms dealer and run background checks—if they meet certain conditions.
For example, under the proposed rule, a person would be presumed to be required to become a licensed dealer and run background checks if they meet one or more of the following criteria:
- Offer for sale any number of firearms and also represent to potential buyers that they are willing and able to purchase and sell them additional firearms;
- Repetitively offer for sale firearms within 30 days after they were purchased;
- Repetitively offer for sale firearms that are like new in their original packaging;
- Repetitively offer for sale multiple firearms of the same make and model;
- [O]r as a formerly federally-licensed firearms dealer, sell firearms that were in the business inventory and not transferred to a personal collection at least a year before the sale, addressing the so-called "fire sale loophole."
Also, under the proposed rule, the selling individual would be presumed to have the intent to “predominantly earn a profit” — one of the elements of engaging in the business of dealing firearms — if the person engages in activities such as creating a website to advertise or market firearms, maintain records of profits and losses from firearm sales, pr renting a space at a gun show.
This latest proposal by the administration is another example of Biden's attempt to circumvent Congress by unilaterally enforcing stricter gun-control measures via federal rulemaking.
Whether or not you (third-person) sell guns in the secondary market is immaterial. What's very material is the proposed rule is eagerly backed by a president who, in November 2022, said: “The idea we still allow semi-automatic weapons to be purchased is sick.” Yep, the same guy who laughably advised women to buy 12-gauge shotguns because they're "easier" to use than AR-15s.
The Bottom Line
Remember, Democrats can be patient creatures — patient, but insidious nonetheless — and are adept at eating a proverbial elephant one bite at a time. In this case, the elephant is the Second Amendment and the rights it ensures law-abiding Americans. Furthermore, the notions of "We allow" and "Who needs" are irrelevant.
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