Law BATF rules on 'engaged in the business' of buying/selling firearms

[Librarian]

Today, 4-19-2024, BATF filed its final regulations. This is 'California' in as much as CA residents do want to sell their guns from time to time.

Official regs here: https://www.atf.gov/rules-and-regul...ion-engaged-business-dealer-firearms/download

Interesting article from Stephen Halbrook at Volokh : https://reason.com/volokh/2024/04/19/second-amendment-roundup-atf-redefines-engaged-in-the-business/

In defining "engaged in the business" as a dealer, the rule states that "there is no minimum threshold number of firearms purchased or sold that triggers the licensing requirement," and that "even a single firearm transaction or offer to engage in a transaction, when combined with other evidence … may require a license." Sounds pretty vague given that engaging in business of dealing in firearms without a license is a serious felony.

 

[Warpspeed]

This begs the question, does it mean the ATF must issue me a Type 01 FFL if I ask?

 

[treelogger]

Why would it have to? Can you construct a legal argument of why selling guns for profit is a right?