Folks… GOA (Gun Owners of America) does GREAT work for gun owners. Doesn’t matter if you own only one gun or many guns (specially if you own many), the GOA is fighting for you. In fact, if you have read the previous post(s) on this site about the new ATF ruling on the need to acquire a FFL (Federal Firearms License) if you sell as little as ONE gun… YOU may be in violation of selling firearms without an FFL. This post is about the GOA and how it’s fighting for not only it’s members, but every gun owner. However in this latest push by the ATF… you (if you are a GOA member) are a member of the “protected” class of individuals and states that enjoy injunctive relief granted by the court. The injunctive relief DOES NOT apply to every gun owner (or prospective gun owner)… in ONLY applies to the plaintiffs bringing the action against the ATF. i.e. GOA members, and a few states. See a great video here about the specific wording in the injunction. https://youtu.be/7My3W0n3UyU?si=7FaDZJHo95n2E7JN
Want to know just how serious the ATF is about pushing/forcing this change in the statute… check out this video where the ATF director doges and weaves in answering Rep. Jim Jordan’s questions. Video HERE. https://www.youtube.com/watch?v=w0iEGUDxr2w The ATF is DEADLY serious about this !
On April 10, 2024, the Attorney General signed ATF’s final rule, Definition of “Engaged in the Business” as a Dealer in Firearms, amending ATF’s regulations in title 27, Code of Federal Regulations (“CFR”), part 478. The final rule implements the provisions of the Bipartisan Safer Communities Act (“BSCA,” effective June 25, 2022), which broadened the definition of when a person is considered “engaged in the business” as a dealer in firearms (other than a gunsmith or pawnbroker). The Final Rule clarifies that definition. It will be published in the Federal Register and will be effective 30-days from publication.
This final rule incorporates BSCA’s definitions of “predominantly earn a profit” and “terrorism,” and amends the regulatory definitions of “engaged in the business as a dealer other than a gunsmith or pawnbroker” and “principal objective of livelihood and profit” to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public.
The final rule clarifies when a person is “engaged in the business” as a dealer in firearms at wholesale or retail by:
clarifying the definition of “dealer,” and defining the terms “purchase,” “sale,” and “something of value” as they apply to dealers;
adding definitions for the term “personal collection (or personal collection of firearms, or personal firearms collection),” and for “responsible person”;
setting forth conduct that is presumed to constitute “engaging in the business” of dealing in firearms, and presumed to demonstrate the intent to “predominantly earn a profit” from the sale or disposition of firearms, absent reliable evidence to the contrary, in civil and administrative proceedings;
clarifying that the intent to “predominantly earn a profit” does not require the person to have received pecuniary gain, and that intent does not have to be shown when a person purchases or sells a firearm for criminal or terrorism purposes;
clarifying the circumstances when a person would not be presumed to engaged in the business of dealing in firearms, including as an auctioneer, or when purchasing firearms for, and selling firearms from, a personal collection;
addressing the procedures former licensees, and responsible persons acting on behalf of such licensees, must follow when they liquidate business inventory upon revocation or other termination of their license; and
clarifying that licensees must follow the verification and recordkeeping procedures in 27 CFR 478.94 and Subpart H, rather than using an ATF Form 4473 when firearms are transferred to other licensees, including transfers by a licensed sole proprietor to that person’s personal collection.
Folks… as usual, it appears the federal government (ATF) wants to muddy the waters with respect to “clarifying” the law/rule. As with many government regulations it would appear that the intent of the change could be nothing further from clarification. The more open to interpretation the law is, the more they can play with peoples lives with respect to indicting them and putting them through the rigors of arrest and trial, and possibly incarceration.
Gun Owners of America (GOA) has a page on their website that explains the new rule/law (as best as they can), and it also has a form for readers to submit to the ATF their comments on the rule change. Consider sending in your comments. Click the graphic below to take you to the GOA site and page.
Here is the bad news… The TRO does not apply to all states, AND the TRO is only active through June 2, 2024. Here is a good video that explains the TRO in detail. https://www.youtube.com/watch?v=MmdBoaPPnE0
Have you heard about this ? It’s true, the democrats are pushing to have lead ammo banned. Here is a short video (4-minutes) put out by the GOA (Gun Owners of America). https://www.youtube.com/watch?v=24-t2Qb3rQA They do an excellent job at laying out this effort to ban lead ammo. As a side note… if you don’t already support the GOA, please consider becoming a member. They are known as “The only no-compromise gun lobby in Washington“, and they do far more than any of the other very well known groups. Here is their home page: https://www.gunowners.org/ Check them out. There is a ton of information on their site.
As you know, there are many groups (government and non-government) that would like to ban guns altogether. What better way to do and end-run around a total gun ban than to simply ban the ammo used in guns. A gun is not much good with no ammo.
Check out the video, and the actual bills themselves, and then let your local representative know your feelings on the matter. Here is how to find, and how to contact your representative: https://www.congress.gov/members/find-your-member and just a reminder… a phone call to their office is FAR better than writing a letter, and WAY FAR better than doing nothing. One legislator stated during an interview that when they are wondering how to vote on an issue, they walk out to their staff and ask if they have received any calls on the issue. Calls DO matter ! “The Only Thing Necessary for the Triumph of Evil is that Good Men Do Nothing” (Edmund Burke)
Let the world know your thoughts by leaving a comment (leave a reply) below.
Are you aware of what the “Open Fields Doctrine” is ??? If yes, read on, if not, read on intently.
Basically, the Open Fields Doctrine is a concept that states… a Wildlife Agent may come on your private property, for any reason they determine, and at any time they determine. The Supreme Court has ruled on this already and ruled that a Wildlife Agent has the right to come on to your property at any time, for any reason… and does NOT need a warrant. HOWEVER… depending on an individual state basis, there may be some exceptions to this Supreme Court decision. Read on for the details.
Here is a video which does a good job describing the issue. The litigation talked about in the video is from our neighboring state of Tennessee. The video is only 12-minutes in length and is well worth watching. https://www.youtube.com/watch?v=3Z1DQtQ-ALY
SO… how do YOU feel on the subject ? If you are an owner of more than a lot-sized piece of property, are you OK with a Wildlife Agent coming on to your land and basically doing a warrant-less search, and/or placing trail cameras on your property ? And the reason I used the term “lot-sized” property is explained in the short video linked above. In short, the smaller the lot size, the better chance the entire property could be deemed “curtilage” However, if you own a large piece of property, you could be subject to this intrusion onto your land, without your permission.
I think we can all understand that the Wildlife Agents are trying to protect the wildlife. The underlying premise of the practice is to catch/stop poaching. However… what else can the practice uncover ? Zoning issues maybe, growing something you shouldn’t be (or is someone else trespassing on your property to grow something they shouldn’t be), or maybe your housing is not up to “code”… the list can go on and on (just use your imagination). Remember, although those areas of infractions are not in the Wildlife Agent’s purview, all it take is a disgruntled agent to simply make a phone call and the folks that can do something about it are showing up on your doorstep.
If you have some thoughts on this subject, please feel free to leave a comment (“Leave a Reply”) below and let the world know your thoughts on the subject.
UPDATE: July 10, 2024
Property Owners Cement Victory Against Warrant-less Searches and Hidden Cameras as State Declines to Appeal Tennessee becomes the newest state to reject the “open fields” doctrine and provide constitutional protection to land. See details HERE: Explanatory video HERE:
NEW… Check out the Kentucky Ruffed Grouse & Young Forrest Strategic Plan 2017 – 2027. With the leadership from our Kentucky Fish and Wildlife Commission, and in partnership with Kentucky’s Sportsmen, is embarking on a bold Ruffed Grouse and Young Forrest Imitative. This will be an ambitious effort, aimed at turning the tide for the Ruffed Grouse. On page #20 you will see that the Kentucky Grouse Hunters Association has contributed to the effort to a large degree. This is your membership fees working toward a better habitat for all game birds, including the Grouse. See the plan HERE.
Just wanted to let everyone know, our YouTube channel has some videos now. Please feel free to check them out HERE. Also, if anyone has any club related videos that they think would be beneficial to viewers, please feel free to get them to me. Or, if you have any ideas for new content, please feel free to drop me an email at: admin@kygha.com.
Just wanted to remind everyone that we have a pretty nice Classifieds function on the web site. It’s free to Registered Users but it doesn’t appear to utilized by members much. Check it out and feel free to post an item for sale. Reminder though, don’t let the ad get stale. Be sure to remove/delete the ad if sold, or has had no activity in an expected period of time.
Sign up now for the KGHA bird hunt and trap shoot. Pizza will be free to all participants. Call 606-789-7125 by February 25th to reserve your spot and receive information regarding location and directions.
The KGHA Board is looking forward to joining friends for a night of fellowship at Banquet 2022! February 26 at 6:00 p.m. More details about the event are coming soon. It has been years since KGHA has raised our dues but costs continue to rise. Our $15.00 membership dues used to cover the cost of meals plus League of Kentucky Sportsmen fees but now it exceeds $20.00. The Board does not want to give up any youth or women’s events, habitat work or cut corners on our favorite event – Banquet 2022! To that end, increasing dues is essential. Effective February 2022, KGHA will set our single membership rate at $25.00 and family (up to 4 persons) for $30.00. You can pay the night of our dinner (2/26/22) or by mailing a check to KGHA, 1028 Left Fork, Daniels Creek, Van Lear, KY 41265.
KGHA Mentors and youth met for a day of bird and trap events on November 20, 2011. Thanks to Czar Coal in Debord, KY for providing the location. Our next date is January 15, 2022.
