On April 10, 2024, the Attorney General signed ATF’s final rule, Definition of “Engaged in the Business” as a Dealer in Firearms, amending ATF’s regulations in title 27, Code of Federal Regulations (“CFR”), part 478. The final rule implements the provisions of the Bipartisan Safer Communities Act (“BSCA,” effective June 25, 2022), which broadened the definition of when a person is considered “engaged in the business” as a dealer in firearms (other than a gunsmith or pawnbroker). The Final Rule clarifies that definition. It will be published in the Federal Register and will be effective 30-days from publication.
This final rule incorporates BSCA’s definitions of “predominantly earn a profit” and “terrorism,” and amends the regulatory definitions of “engaged in the business as a dealer other than a gunsmith or pawnbroker” and “principal objective of livelihood and profit” to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public.
The final rule clarifies when a person is “engaged in the business” as a dealer in firearms at wholesale or retail by:
- clarifying the definition of “dealer,” and defining the terms “purchase,” “sale,” and “something of value” as they apply to dealers;
- adding definitions for the term “personal collection (or personal collection of firearms, or personal firearms collection),” and for “responsible person”;
- setting forth conduct that is presumed to constitute “engaging in the business” of dealing in firearms, and presumed to demonstrate the intent to “predominantly earn a profit” from the sale or disposition of firearms, absent reliable evidence to the contrary, in civil and administrative proceedings;
- clarifying that the intent to “predominantly earn a profit” does not require the person to have received pecuniary gain, and that intent does not have to be shown when a person purchases or sells a firearm for criminal or terrorism purposes;
- clarifying the circumstances when a person would not be presumed to engaged in the business of dealing in firearms, including as an auctioneer, or when purchasing firearms for, and selling firearms from, a personal collection;
- addressing the procedures former licensees, and responsible persons acting on behalf of such licensees, must follow when they liquidate business inventory upon revocation or other termination of their license; and
- clarifying that licensees must follow the verification and recordkeeping procedures in 27 CFR 478.94 and Subpart H, rather than using an ATF Form 4473 when firearms are transferred to other licensees, including transfers by a licensed sole proprietor to that person’s personal collection.
Related Resources
- Overview of Final Rule 2022R-17F Definition of “Engaged in the Business” as a Dealer in Firearms (coming soon)
- Final Rule 2022R-17F – Questions & Answers
- Notice of Proposed Rulemaking – Definition of “Engaged in the Business”
- Notice of Proposed Rule Making – Comments
- Press Release: Justice Department Publishes New Rule To Update Definition of "Engaged in the Business" as a Firearms Dealer
- Director Dettelbach’s Remarks on the “Engaged in the Business” Final Rule
Background Information
- Bipartisan Safer Communities Act, Public Law 117-159 (June 25, 2022)
- Gun Control Act of 1968
- National Firearms Act
- Rules and Regulation
- Regulations.atf.gov
Contact Information
- For questions regarding the application of the final rule, email the Firearms Industry Programs Branch.
- For media inquiries, email ATF Public Affairs or call 202-648-8500.
- For congressional inquiries, email ATF Legislative Affairs or call 202-648-8510.
- For questions regarding the rulemaking process, email the Office of Regulatory Affairs.