DOJ Announces Rule Ending Private Firearm Sales At Gun Shows

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YNOTAZ
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Re: DOJ Announces Rule Ending Private Firearm Sales At Gun Shows

#16

Post by YNOTAZ »

aroyobob wrote: April 15th, 2024, 6:06 pm Here is a National Shooting Sports Foundation (NSSF) column from when the rule change was first proposed last September. They point to a few problem areas but these two points might provide legal challenge material.
1.) Prosecuting individuals for violating the new rule would involve proving the intent of the private seller to run a business. I'm not a lawyer and didn't read the rule so don't know how real this is but it's a comment from someone in Senator Cornwyn's office. Maybe they're bluffing or maybe they know what they're talking about.
Nahh they're not non points after the comments. This is from the new revised rule after the comment period:

The part of the new rule that specifically made me feel it is another ATF turd is:

"(2) Presumptions that a person has intent to predominantly earn a profit. In civil and administrative proceedings, a person shall be presumed to have the intent to predominantly earn a profit through the repetitive purchase and resale of firearms as defined in paragraph (d)(1) of this section, absent reliable evidence to the contrary, when it is shown that the person."

So, they can "presume" that you have "intent" to "predominantly", and you are guilty until you can prove otherwise ("absent reliable evidence to the contrary"). Guilty until proven innocent.

Then, prepare to sell your vehicles, mortgage your home, and maybe sell an organ or two for the cost of defending yourself, until you plead to a lesser charge in federal court.
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