Kansas Attorney General Kris Kobach argued that a rule implemented by the Bureau of Alcohol, Tobacco and Firearms is unconstitutional and moved that a temporary restraining order be issued on the rule Monday at the Robert Dole Courthouse in Kansas City, Kansas.
The ATF rule deems that firearms sold with the primary function of gaining a profit is acting as a business and should therefore be processed through a background check like those bought through a Federal Firearms License holder.
Private sellers who aren’t engaged in firearms sales for their livelihood previously have been able to sell guns without obtaining a background check for the buyer.
Would this criminalize private gun sales?
Gun rights advocates suggest the rule could criminalize a single private sale of a firearm. Kobach concurred, telling the judge that the exceptions carved out for private sales could easily be ignored by an overzealous administration.
The ATF says the rule is targeted at people who exploit loopholes to avoid being listed as a seller, and shall not include occasional sellers, exchanges people who sell their guns to enhance their personal collection, hobbyists upgrading or people liquidating all or part of a personal collection.