1. “If you’re in the business of selling firearms, you must get a
license and conduct background checks.” The Department of Alcohol,
Tobacco, Firearms and Explosives (ATF) has clarified that a background
check through the National Instant Criminal Background System is
required regardless of the location where firearms transactions are
conducted, including at gun shows and online. Additionally, ATF
continues to better define what it means to be “engaged in the
business,” but that definition is yet to be made fully clear. It said
that a few transactions or guns sold could be sufficient evidence to
establish that a person is engaged. Failure to be licensed and/or
conduct background checks may be subject to prison time and/or fines.
2. Background checks will be required on the sale of most “dangerous
weapons” and items purchased through a trust or corporation. This
pertains to National Firearms Act regulations that allowed individuals
to avoid background checks when purchasing specific weapons through a
trust or corporation.
3. Dealers must notify law enforcement about the theft or loss of guns.
While current laws say that federal firearms dealers and other licensees
must already make such reports, the regulations were somewhat ambiguous
about guns lost or stolen in transit. ATF has clarified that the
licensee shipping a gun is responsible for notifying law enforcement
upon discovery that it was lost or stolen in transit.
Also worth noting:
– The Federal Bureau of Investigation plans to overhaul the background
check system to make it more effective and efficient. Envisioned
improvements include 24/7 processing and improved notification to local
authorities about potential threats.
– ATF has established an Internet Investigation Center to track illegal
online firearms trafficking and will enhance the National Integrated
Ballistics Information Network.
– The FBI will hire more than 230 new staff to help process background
checks, while ATF hopes to add 200 new agents and investigators to
enforce regulations and laws.
– The Social Security Administration and Department of Health and Human
Services will work to improve mental health reporting incorporated into
the background check system.
We encourage anyone who deals in the sale of firearms to get educated on
how this could impact their business and to be appropriately licensed.
You can read more about the proposed executive actions here. You can
also get information on obtaining your FFL.