September 3, 2023 • 8 mins
We discuss the ATF's new rule to restrict private gun sales & move us closer to universal background checks 🤨
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:15):
Welcome to the Live2CheapPodcast.
My name is Jeff Dowell and I'vebeen a licensed firearm dealer
for the last 16 years and thispodcast will talk about all
things related to the secondamendment, anything else going
on in the news or some storyfrom my personal life.
So welcome, welcome, welcome.
So you know, you might be aredneck if you go to a family
reunion looking for girls or asJeff Foxworthy says, you might
(00:39):
be a redneck if you mow youryard and you find a car.
Well, the ATF says you might bea gun dealer.
If you sell a gun, yes, it'sthat extreme.
This week the ATF launched thenew rule that is going to
regulate who has to be an FFLdealer, what qualifies, how many
(01:00):
transactions that you have to doto become an FFL and.
What that is for those that aretrying to sell their own
personal firearms.
So I want to thank the peopleover at the Reload.
They went through the 108 pagerule that was dropped by the
Biden administration and brokeit down to a little bit more
(01:21):
readable.
We'll probably be getting intomore details later on.
future episodes about what thisall means because this has still
hasn't been I don't think putout for comment yet, but it will
soon be and we will need to makecomments about it.
But basically anybody whoviolates this rule in sales
farms when they didn't have alicense, it's going to be could
(01:43):
face up to 250, 000 in fine.
And federal prison up to fiveyears.
So watch out.
They are coming for our guns andthey're doing it in multiple
ways.
They are trying to get rid ofgun dealers by taking away their
licenses because they have madecertain paperwork errors.
(02:03):
They're trying to keep you fromselling your guns privately by
forcing you under the threat of.
Federal imprisonment that youneed to have, go through and
become a licensed dealer and dobackground checks and do all of
those types of things.
So under the new rule, thenumber of firearms the, the, the
language that says, Thatqualifies you for a dealer.
(02:25):
It says offer for sale, anynumber of firearms and also
represents to potential buyersthat they are willing and able
to purchase and sell themadditional firearms,
repetitively offer for salefirearms within 30 days after
they.
Purchased them repetitively,offer for sale firearms that are
like new in their originalpackaging, repetitively offer
(02:46):
for sale multiple firearms ofthe same make and model, or as
formerly federally licensedfirearms, zero sale firearms
that were in the businessinventory and not transferred to
a personal collection at least ayear before the sale addressing
the so called fire saleloophole.
So one, you see in this languagehere, they just keep saying
repetitively, is that twice?
(03:07):
Is it three times?
Well, we'll get into that toolater.
And all of this was put intoplace because of the Bipartisan
Savers Community Act, which mysenator, John Cornyn, was
instrumental in getting passed.
And So now he's given the powerto the ATF to do this, and so
the reload reached out to everysenator who voted for it, and
(03:30):
only two came back with respent.
And he said, this language istailored towards individuals
regularly selling firearms,selling guns to strangers with
the predominant motive of makingmoney through a side business
like the person who sold theMidland shooter his weapon, and
is drafted in such a way thatprosecutors will need to prove
more specific intent.
on the part of the unlicensedseller.
(03:51):
In regards to theadministrator's specific
proposal, his office said thatthe Biden admin should expect
for this rule to be struck downbecause it is unconstitutional.
So, he said they've gone toofar.
Senator Joni Ernst said anyeffort to move beyond the
previous boundaries forlicensing would go against
Congress's intents.
(04:12):
President Biden is twisting thelaw to fit his liberal gun
grabbing agenda, her office toldthe Reload.
Yeah.
Surprise, surprise, surprise,you give them an inch and they
take a mile and we knew thiswhen you allowed this to come in
and so that's one reason why inTexas John Cornyn has to go.
(04:32):
In this proposal, the law, thedefinition also includes Anyone
who sells an illegal gun, anyonewho spends more than their
reported taxable gross incomeduring the applicable period of
time on guns they buy to resellor repeatedly sell guns.
So, they're telling you, anybodythat sells buys more than what
your gross income is.
(04:52):
So that means they're going totap into the IRS to find out
what your gross income is.
More violations right there.
Or repeatedly sells guns of thesame or similar kind.
Make model, make model.
Caliber gauge and type.
And it also says somebody mayhave to get an FFL even if they
haven't actually followedthrough on their intent to do
(05:15):
any of the things that triggerthe licensing agreement,
licensing requirement.
So you've got all these and thenthey throw in.
Yeah, but you still may have toget one, even if you don't do
this.
It's typical ATF.
They never want to tell you whattheir specific rules are.
They're always going to be veryvague, but they're coming for
(05:36):
our guns.
And the ATF also asserts thatAmericans who use guns and don't
specifically fall into any ofthe categories that is outlined
in its rule could still bepursued for dealing guns without
a license under somecircumstances.
The agency did not elaborate onwhat those circumstances are.
So.
Again, as I said, they're comingfor our guns.
(05:59):
They want them.
They have always, and they'reusing any means possible to get
them.
And that means they're shuttingdown dealers.
They're forcing people to becomedealers.
So then they can actually, oractually, they don't really want
to become dealers.
They want them to put them inprison and fine them so that
people stop selling gunsaltogether.
(06:19):
That is what their ultimateattempt is.
And then In this whole process,they're going to be forcing
everyone to go through a 4473.
They're going to be finding outwho has all the guns.
They're creating a list.
They're going to be coming toget them.
That is their operation.
That is all the steps in theirplan.
And all of this isunconstitutional.
(06:41):
When you look at theConstitution, for one, we have
the Second Amendment.
Two, when you look at the 17things that the Constitution
said that Congress could do,none of this.
Is in the constitution, none ofour administrative state.
There is nothing in there thatsays that they can regulate the
sale of firearms.
There's nothing in there now,just like there is nothing in
(07:01):
there that says that they, thatwe have a board to pers enforce
free speech.
Now they tried it.
They tried it a few years agowith the disinformation
department or group or whateverthat was that quickly got
disbanded when people actuallyfigured out what they were
trying to do.
And that was to actually controlfree speech.
But the ATF has been around,they've allowed it.
(07:23):
And now they're getting furtherand further down the line of
using the ATF again to violateall of our Second Amendment
rights.
So we're going to be watchingthis when the comment periods
are ready, I'm going to betelling you because this is
unlawful, this isunconstitutional, the fact that
you're, they're going to tellyou how to handle your private
(07:44):
sales of firearms and they'regoing to be using it as a way to
come down and shut down oursecond amendment and, and
further restrict our ability tobuy and sell guns.
This regime is out of control.
We have to end it, and as everypodcast I've said, the man
that's going to do it is DonaldJ.
Trump.
So, keep pushing for him in theprimary, and he is the one
(08:12):
that's going to, to eliminatethis administrative state.
We have to stop these crazyleftists that want to control
everything through thegovernment.
Thank you, have a happy LaborDay, as we celebrate Labor Day
tomorrow.
And I will talk to you later.
Welcome to the Live2CheapPodcast.
My name is Jeff Dowell and I'vebeen a licensed firearm dealer
for the last 16 years and thispodcast will talk about all
things related to the secondamendment, anything else going
on in the news or some storyfrom my personal life.
So welcome, welcome, welcome.
So you know, you might be aredneck if you go to a family
reunion looking for girls or asJeff Foxworthy says, you might
(00:39):
be a redneck if you mow youryard and you find a car.
Well, the ATF says you might bea gun dealer.
If you sell a gun, yes, it'sthat extreme.
This week the ATF launched thenew rule that is going to
regulate who has to be an FFLdealer, what qualifies, how many
(01:00):
transactions that you have to doto become an FFL and.
What that is for those that aretrying to sell their own
personal firearms.
So I want to thank the peopleover at the Reload.
They went through the 108 pagerule that was dropped by the
Biden administration and brokeit down to a little bit more
(01:21):
readable.
We'll probably be getting intomore details later on.
future episodes about what thisall means because this has still
hasn't been I don't think putout for comment yet, but it will
soon be and we will need to makecomments about it.
But basically anybody whoviolates this rule in sales
farms when they didn't have alicense, it's going to be could
(01:43):
face up to 250, 000 in fine.
And federal prison up to fiveyears.
So watch out.
They are coming for our guns andthey're doing it in multiple
ways.
They are trying to get rid ofgun dealers by taking away their
licenses because they have madecertain paperwork errors.
(02:03):
They're trying to keep you fromselling your guns privately by
forcing you under the threat of.
Federal imprisonment that youneed to have, go through and
become a licensed dealer and dobackground checks and do all of
those types of things.
So under the new rule, thenumber of firearms the, the, the
language that says, Thatqualifies you for a dealer.
(02:25):
It says offer for sale, anynumber of firearms and also
represents to potential buyersthat they are willing and able
to purchase and sell themadditional firearms,
repetitively offer for salefirearms within 30 days after
they.
Purchased them repetitively,offer for sale firearms that are
like new in their originalpackaging, repetitively offer
(02:46):
for sale multiple firearms ofthe same make and model, or as
formerly federally licensedfirearms, zero sale firearms
that were in the businessinventory and not transferred to
a personal collection at least ayear before the sale addressing
the so called fire saleloophole.
So one, you see in this languagehere, they just keep saying
repetitively, is that twice?
(03:07):
Is it three times?
Well, we'll get into that toolater.
And all of this was put intoplace because of the Bipartisan
Savers Community Act, which mysenator, John Cornyn, was
instrumental in getting passed.
And So now he's given the powerto the ATF to do this, and so
the reload reached out to everysenator who voted for it, and
(03:30):
only two came back with respent.
And he said, this language istailored towards individuals
regularly selling firearms,selling guns to strangers with
the predominant motive of makingmoney through a side business
like the person who sold theMidland shooter his weapon, and
is drafted in such a way thatprosecutors will need to prove
more specific intent.
on the part of the unlicensedseller.
(03:51):
In regards to theadministrator's specific
proposal, his office said thatthe Biden admin should expect
for this rule to be struck downbecause it is unconstitutional.
So, he said they've gone toofar.
Senator Joni Ernst said anyeffort to move beyond the
previous boundaries forlicensing would go against
Congress's intents.
(04:12):
President Biden is twisting thelaw to fit his liberal gun
grabbing agenda, her office toldthe Reload.
Yeah.
Surprise, surprise, surprise,you give them an inch and they
take a mile and we knew thiswhen you allowed this to come in
and so that's one reason why inTexas John Cornyn has to go.
(04:32):
In this proposal, the law, thedefinition also includes Anyone
who sells an illegal gun, anyonewho spends more than their
reported taxable gross incomeduring the applicable period of
time on guns they buy to resellor repeatedly sell guns.
So, they're telling you, anybodythat sells buys more than what
your gross income is.
(04:52):
So that means they're going totap into the IRS to find out
what your gross income is.
More violations right there.
Or repeatedly sells guns of thesame or similar kind.
Make model, make model.
Caliber gauge and type.
And it also says somebody mayhave to get an FFL even if they
haven't actually followedthrough on their intent to do
(05:15):
any of the things that triggerthe licensing agreement,
licensing requirement.
So you've got all these and thenthey throw in.
Yeah, but you still may have toget one, even if you don't do
this.
It's typical ATF.
They never want to tell you whattheir specific rules are.
They're always going to be veryvague, but they're coming for
(05:36):
our guns.
And the ATF also asserts thatAmericans who use guns and don't
specifically fall into any ofthe categories that is outlined
in its rule could still bepursued for dealing guns without
a license under somecircumstances.
The agency did not elaborate onwhat those circumstances are.
So.
Again, as I said, they're comingfor our guns.
(05:59):
They want them.
They have always, and they'reusing any means possible to get
them.
And that means they're shuttingdown dealers.
They're forcing people to becomedealers.
So then they can actually, oractually, they don't really want
to become dealers.
They want them to put them inprison and fine them so that
people stop selling gunsaltogether.
(06:19):
That is what their ultimateattempt is.
And then In this whole process,they're going to be forcing
everyone to go through a 4473.
They're going to be finding outwho has all the guns.
They're creating a list.
They're going to be coming toget them.
That is their operation.
That is all the steps in theirplan.
And all of this isunconstitutional.
(06:41):
When you look at theConstitution, for one, we have
the Second Amendment.
Two, when you look at the 17things that the Constitution
said that Congress could do,none of this.
Is in the constitution, none ofour administrative state.
There is nothing in there thatsays that they can regulate the
sale of firearms.
There's nothing in there now,just like there is nothing in
(07:01):
there that says that they, thatwe have a board to pers enforce
free speech.
Now they tried it.
They tried it a few years agowith the disinformation
department or group or whateverthat was that quickly got
disbanded when people actuallyfigured out what they were
trying to do.
And that was to actually controlfree speech.
But the ATF has been around,they've allowed it.
(07:23):
And now they're getting furtherand further down the line of
using the ATF again to violateall of our Second Amendment
rights.
So we're going to be watchingthis when the comment periods
are ready, I'm going to betelling you because this is
unlawful, this isunconstitutional, the fact that
you're, they're going to tellyou how to handle your private
(07:44):
sales of firearms and they'regoing to be using it as a way to
come down and shut down oursecond amendment and, and
further restrict our ability tobuy and sell guns.
This regime is out of control.
We have to end it, and as everypodcast I've said, the man
that's going to do it is DonaldJ.
Trump.
So, keep pushing for him in theprimary, and he is the one
(08:12):
that's going to, to eliminatethis administrative state.
We have to stop these crazyleftists that want to control
everything through thegovernment.
Thank you, have a happy LaborDay, as we celebrate Labor Day
tomorrow.
And I will talk to you later.
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