26 USC § 5845 (k) Dealer
The term “dealer” means any person, not a manufacturer or importer, engaged in the business of selling, renting, leasing, or loaning firearms and shall include pawnbrokers who accept firearms as collateral for loans.
What I have not been able to find is the definition of "in the business of".
I know what I'd consider being "in the business of."
Doing something for money regularly and depending on that money as part of my livelihood.
Selling a car wouldn't make me a car dealer.
Selling a car every month to pay the mortgage would.
It's a matter of scale.
Why matters.
Motive matters.
Selling a pile of guns to be rid of them, isn't engaging in business.
Selling a gun, for a profit, to pay a sudden and unexpected expense, isn't engaging in business.
Selling a gun a month while refining a collection isn't engaging in business.
Selling a pile of guns because my interests changed isn't engaging in business.
The number of guns bought and sold doesn't really matter. The why they are bought and sold does.
Proving motive for a sale is much more difficult than proving that a sale occurred, guess what they want to measure.
The ironic thing, to me, is how the FFL rolls were purged during the Clinton administration because there were too many dealers. Now we've too few?
I see what they're trying to do here.
They're not going to make it easier to get an 01FFL. The Clinton era standards will still stand. What they're going to do is try and make ever smaller numbers of transfers require an FFL.
This is why we need Congress to take lawmaking away from the executive branch. We need candidates whom are actually pro-gun for both executive and legislative branches. We need the people we elect to start appointing judicial candidates who understand separation of powers.
And by pro-gun I mean people like us! People who own and shoot guns. Setting a bar that a "pro-gun" candidate must own at least as many guns as I do and of a similar type. Not just letting them get away with a photo-op in a birding setting.