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DOJ/ATF RIN: 1140-AA58 Publication ID: Fall 2023 
Title: ●Definition of "Engaged in the Business" as a Dealer in Firearms 

In accordance with the Bipartisan Safer Communities Act (June 25, 2022) and E.O. 14092 (Reducing Gun Violence and Making Our Communities Safer), the Department of Justice proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations to clarify what it means for a person to be engaged in the business” of dealing in firearms, and to have the intent to predominantly earn a profit” from the sale or disposition of firearms.  The rule also would clarify the term dealer” and define the term responsible person.”  Consistent with the Gun Control Act and existing regulations, the proposed rule also would define the term personal collection” to clarify when persons are not engaged in the business” because they make only occasional sales, such as to enhance a personal collection, or for a hobby, or if the firearms they sell are all or part of a personal collection.  This rule further would address the lawful ways in which former licensees, and responsible persons acting on behalf of such licensees, may liquidate business inventory upon revocation or other termination of their license.  Finally, the proposed would clarify that a licensee transferring a firearm to another licensee would do so by following the verification and recordkeeping procedures in 27 CFR 478.94 and Subpart H, rather than by using a Firearms Transaction Record, ATF Form 4473.

Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 27 CFR 478   
Legal Authority: 5 U.S.C. 552(A)    18 U.S.C. 847    18 U.S.C. 921 to 931    44 U.S.C. 3504(h)   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/08/2023  88 FR 61993   
NPRM Comment Period End  12/07/2023 
Final Action  04/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Helen Koppe
Regulations Writer
Department of Justice
Bureau of Alcohol, Tobacco, Firearms, and Explosives
99 New York Avenue NE,
Washington, DC 20226
Phone:202 648-7070