Comment on FR Doc # 2026-08919

Stephen WengerSupportIndividual
Summary: The commenter argues that the "engaged in the business" rule should be carefully structured to distinguish between private collectors and actual dealers. They emphasize that selling firearms due to inheritance, financial hardship, or changing interests should not be automatically classified as a business activity.
As with other tools, it's not uncommon for gun owners to own several firearms as each may serve a different purpose. Thus, a “collection” of firearms will often include firearms that are not necessarily “collectible” in the sense of historical value or limited production (e.g., commemorative models or limited production runs). It is completely legitimate for such collections to grow, shrink or alter their composition as an owner's interests and financial conditions change and as newer models enter the market. Additionally, between inflation and possible gain in valuation because a no longer desired firearm has gone out of production, the sale or trade of a firearm at a seeming profit is not a legitimate indicator of being “engaged in the business.” Then there's the issue of selling one or more inherited firearms – acquired at no cost – while still keeping and acquiring others. Further, absent a demonstrable pattern, the sale of a firearm within some arbitrary time after acquisition may only indicate that the seller experienced some unforeseen financial hardship or discovered that a recently purchased firearm does no really meet his needs. The “engaged in the business” rule must be structured to avoid arbitrary designations by future, hostile administrations or by overzealous agents.

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