Montana Attorney General Pushes Back On New Gun Rule

Montana's attorney general, Austin Knutson, and 21 other attorney generals are filing a lawsuit against the Biden administration's recent rule change regarding firearm sales.

You can read more about this new law by clicking here.

Attorney General Austin Knutson believes that the new Bureau of Alcohol, Tobacco, Firearms and Explosives rule, which changes the definition of ‘Engaged in the Business’ as a Dealer in Firearms, violates the Second Amendment.

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Gun Show Loophole Rule

The rule defines “dealer” as anyone who “sells or offers for sale firearms, and also represents to potential buyers or otherwise demonstrates a willingness and ability to purchase and sell additional firearms.

It also expands the definition of earning a profit to include things other than money, such as personal property, a service, another medium of exchange, or valuable consideration.

The new law would not require a firearm to be sold; just an offer would be considered engaging in a transaction.

New Gun Sales Rule

The ultimate goal of this new rule is to cut down on what is referred to as the gun show loophole.

States like Montana have been classified as private party states.

This means that firearm sales could be done among parties without conducting background checks.

This rule would ultimately abolish most if not all private party sales currently being conducted in Montana and other states.

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