I can think of quite a few things, actually, just as I am probably missing some things I haven't thought of....yet.
I can sell gun A to my neighbor and nobody knows.
Legally?? Are you SURE???? Because these days, that depends on where you live, and what laws are in place at both state and federal level. And, be aware that several states have passed laws recently, without much fanfare or public debate, or even much public awareness, and many of those laws have just gone into effect with the new year. Your state might be one of them.
Some points to consider about the possible consequences, both intended and unintended, of the proposed rule change being implemented.
Under the proposed change, anyone who sells a gun for a profit (one gun, and $1 profit is enough) to anyone, will be considered a dealer in firearms and require an FFL or be subject to legal penalties.
Dealing in firearms without an FFL is a Federal crime, a felony level crime (I believe). SO there is the potential to turn literally millions of gun owners into prohibited persons, for life.
Also, consider that if this goes into effect it gives them a "base" on which to build, going forward. Consider the possibility that since gun control laws are in effect that do not adhere to the legal principle of
ex post facto , the ATF might, at some time if the future, further amend the rule to include language that makes you a criminal if you ever sold a gun for a profit at any time in history.
If you don't think that is possible, just look at the Lautenberg law.
Next point, enforcement. No, they cannot enforce such a thing, short of a nationals registry of EVERYTHING ever bought or sold, but, they don't NEED TO.
All they need is to have the new rule on the books and enforce it as law. They don't need to do house to house searches or anything of the kind. All they need to do is have it to use to prosecute (or as a threat of prosecution) and that alone is a tremendous increase in their power and authority.
With the proposed rule change, people who buy and sell guns as a hobby or any other reason become instant criminals if they do it without having an FFL. (and everything that entails).
Bought a shotgun in 1985 for $200? Sold it to your neighbor last week for $400 when they are currently going for $800? Under the proposed rule change, you'd be a federal felon looking at possibly 10years prison, various fines, court costs, and also being prohibited from firearm possession for the rest of your life.
Oh, and btw, this is something the ATF would be doing entirely "in house" NO Congressmen are involved, none of them get to vote, or even debate changing the law, because the LAW is not being changed, only internal ATF regulations regarding what is, and isn't an actionable enforcement of the existing laws.
Its wrong, its bad, and its only purpose is the expand the power and authority of an un-elected federal agency, and chill lawful commerce in firearms by private citizens at the same time.
