GOFRO Submits Comments To ATF Supporting Proposed Rule - Definitions of who is considered a firearms dealer and must conduct background checks

We at Gun Owners for Responsible Ownership (GOFRO) are gun owners, outdoor enthusiasts, and veterans who believe that responsible ownership and sensible gun laws can save lives. We support practical, common-sense solutions to reduce gun violence. We write today in support of ATF 2022R–17, the rule recently proposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) that would clarify who is considered a licensed firearms dealer and must conduct background checks.

Effective background checks are fundamental to all our efforts to reduce gun violence in our communities by keeping firearms out of the hands of those who would harm themselves or the public. Here in Oregon, where we are based, we have recognized this need and require background checks on all sales including private sales to non-family members. This ensures that as a buyer we know the firearm was legally obtained and as a seller we know that we are not selling to a dangerous person.

However, under current federal law, no background check is required for firearm sales at gun shows, through online markets, or when a gun is sold by an unlicensed individual. This has created a loophole for criminals and dangerous persons to buy a firearm in an adjacent state and bring it into our local communities.

Fortunately, the Bipartisan Safer Communities Act (BSCA) provided an opportunity for the ATF to issue a rule that would help to clarify the law, narrow the background check loophole, and more broadly protect public safety.

The proposed rule states that a gun seller must obtain a federal license if they meet certain conditions that constitute dealing in firearms—such as repeatedly selling firearms within a 30-day period or repeatedly reselling firearms in their original packaging—as well as criteria for determining whether a person intends to “predominantly earn a profit.”

ATF’s regulation provides clear guidance on how the BSCA changed the definition of who is “engaged in the business” of selling firearms in a practical way that can be implemented. The proposed rule offers clarity to buyers and sellers and ensures that the intentions of Congress are being implemented in daily practice.

We at GOFRO believe that with rights come responsibilities. As responsible gun owners, we fully support background checks. A background check is not an infringement on the Second Amendment. Common-sense gun safety laws will help keep our communities safe while not restricting the rights of gun owners and dealers.

We strongly support ATF 2022R–17 and urge its timely adoption.

Sincerely,

Gun Owners for Responsible Ownership