An additional question — beginning in 2023 — for auctioneers selling firearms is: Does the “stabilizing brace” make it salable under the Gun Control Act of 1968 or the National Firearms Act? The ATF has written about this new regulation which took effect on January 31, 2023.
Here is the link with many more details, and links to further applicable information: https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces. Essentially, different licenses are required for “engaging the in the business” with firearms with these braces.
Firearms are somewhat highly regulated in the United States. To quote the “Second Amendment” and say that you have the “Constitutional right” to own, bear, keep, and use a firearm uninfringed is a misnomer. The Supreme Court of the United States says firearm ownership can be infringed.
Most notably, in District of Columbia v. Heller, 554 U.S. 570 (2008) the Court ruled that people have the individual right to own a firearm, but that firearms can indeed be regulated including that in some cases, the buyer would be required to complete a background check.
Those auctioneers “selling” firearms at an auction need to be licensed as a Federal Firearms Licensee (FFL) unless they are assisting a seller/buyer in a private transaction at the seller’s location, where the seller maintains possession and control of the firearms until the buyer takes possession and control.
We have written about firearms laws relating to auctioneers selling them at auction numerous times including here: There doesn’t have to be a way … and the penalties can involve $500,000 in fines and 10 years in prison: https://mikebrandlyauctioneer.wordpress.com/2019/11/08/auctioneers-firearms-and-there-must-be-a-way/.
Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at Mike Brandly, Auctioneer, Brandly Real Estate & Auction, and formerly at Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, and an Instructor at the National Auctioneers Association’s Designation Academy and Western College of Auctioneering. He has served as faculty at the Certified Auctioneers Institute held at Indiana University and is approved by The Supreme Court of Ohio for attorney education.
Comments