We're All Dealers Now

[cmore]

Just reported on Fox Business news that Obama's new edict
states that anyone who sells more than TWO guns is a de facto
gun dealer and must get a license then do background checks on
ALL gun sales. No exceptions.
Of course there is no info on the ATF site.

 

[chud333]

One more year.
Hopefully a lot of his nonsense will be reversed.


Chuck

 

[CAJUNLAWYER]

two guns at a time or two guns per life time or two guns per year....need more info.
Do da....do da.........
Quite frankly, I would love to get an FFL....how do you think that this will jive with the current regulations against Kitchen Table dealers....I thought they wanted to get rid of them-now it appears they want to bring them back......The old law of unintended consequences...
BTW I got my ear pierced down in Key West and have a nice 14kt gold shackle in it. The ladies love it....

 

[pawngal]

Here are the figures from when the gov decided there were too many dealers and tightened the regulations,
The number of Type 1 FFLs dropped 79 percent between 1994 and 2007 (from 245,628 to 50,630)

 

[Kevin J.]

Agree Cajun, we need to see the details. One specific item I am curious to see how they classify sites like Gun Broker. If one sells a gun but the transfer is handled by an FFL to FFL shipment and transfer does this qualify a a sale by me in their eyes. One of many questions.

 

[Hillbilly77]

I can't wait until they announce how anybody thinks they'll ever enforce such a thing.

Not to mention the argument that the executive branch doesn't have the authority to enact such a "law".

 

[Xfuzz]

I suspect getting a FFL will have
more restrictions than you can count.
Average Joe will not qualify.

Something along he lines of having a
"Storefront".

 

[Smitty357]

As an individual who sells ur firearms to another collector. I really dont see how they know how many guns you have sold in the past year. But thats just my guess.

And if they do know, maybe its time to grab our tin foil hats.

 

[cmore]

It wasnt long ago that the anti's were crying that there were more
FFL gun dealers than McDonalds. Then came the crackdown on
home based ffl's. Now it seems they want oh, a few million of them.

There is nothing on the ATF site regarding this.
I suspect it will be 2 per year.

Gunshow coming up in 3 weeks, think I can get my FFL by then?
Could also me incorrect reporting by FBN. It was on Charles Payne show.

Shackle?....isnt that similar to handcuffs?
oops TMI.

 

[Kevin J.]

Here are the figures from when the gov decided there were too many dealers and tightened the regulations,
The number of Type 1 FFLs dropped 79 percent between 1994 and 2007 (from 245,628 to 50,630)

Yup they shut down the best dealer in southern Minnesota, Hart Brothers. Myron was in business for over 30 years, marine Vietnam vet, great dealer, one of the largest independents in the area. Shortly after running for state represenative, but losing, with very vocal conservative and libertarian views , if you considered handing out copies of that radical document the US constitution as conservative, the ATF went through his records with a fine tooth comb. He finally decided to sell off his inventory and retire, dam shame.

 

[CS45Fan]

Sounds like a backdoor registration scheme to me!

The boys at that ATF probably aren't happy either and must be shaking their heads in disbelief.

 

[rags]

 

[Jinglebob]

From what i read this evening, this action will require background checks for guns purchased from dealers even if they're bought online. The government can consider someone a gun dealer regardless of where the guns are sold.

 

[k22fan]

Summer before last during an interview NPR’s host asked the U.S. attorney for the Western District of Washington (I forget her name) what she was most proud of accomplishing. Without hesitation she answered prosecuting two retired policemen for operating a firearms business off their gun show table without an FFL. To be fair they were not randomly singled out. A pistol they sold wound up in the hands of a cop killer.

More importantly for us NPR’s host had enough grasp of the situation to ask what distinguishes an active gun collector from an illegal dealer. Ms. District Attorney answered only one thing: how wealthy they are and how large a percentage of their income comes from selling guns. In her words if two individuals made identical gun transactions the low income seller is operating a felonious unlicensed gun business while the well off seller is just a collector.

A practical interpretation is that charges will be trumped up against the seller who would loose his house hiring a defense attorney making him an easy plea bargain.

I do not believe the president can by executive order change the law to define all sellers of two guns as firearms businesses but he sure can reward U.S. attorneys for pushing the issue.

 

[Cooter Brown]

I heard it described on the radio news and it sounded to me like there was no real change at all. They referred to it as "closing the gunshow loophole" which really doesn't exist anyway. I guess some non-FFL collectors might set up a table at a gunshow to sell a few guns, but I've never seen it.

Everyone here knows that only legal way to sell a gun without going through an FFL is face to face to a resident of the same state. Certain states require that all sales go through an FFL, others require that handguns do.

I suspect that many people who don't own or buy guns don't know that. So is this just window dressing to appeal to those who are ignorant of the law as it exists?

As someone else said, how would they track how many guns you or I sell--legally, face to face to a resident of the same state?

I figured that the announcement would be that ALL sales must go through an FFL nationwide.

I guess things will be clarified in a few days.

 

[Chuck24]

From what I read, just a restatement of what already is supposed to exist. You are not a dealer if you sell 2 guns. You COULD be a dealer by selling 2 guns if a host of other criteria are met, such as selling for profit, taking credit cards, having a business name or business cards, current production new in box. I don't really see that much, if anything has changed. Just a photo op, and an appearance to be doing something.

 

[kozmic]

Will we have a password to get onto the FBI mainframe to run these background checks or will we have to go through China to gain access?

 

[Kevin J.]

I can't wait until they announce how anybody thinks they'll ever enforce such a thing.
.

Come on now what's with the crazy talk. Don't you know if we just pass a law on paper all the problems will be fixed.

 

[BC38]

Question for the OP. Can you provide any links to substantiate this? I could not find the things you are stating anywhere on the Fox News website. Maybe my search skills are just weak...

EDIT: Here's a link that was posted in another thread
Here Are the Specific Executive Actions Obama Will Take to

Basically says that a person selling just two has been considered a dealer in a previous case. Pretty much like Chuck24 said above. The whole thing looks pretty long on smoke and mirrors and short on substance.

 

[LVSteve]

From what i read this evening, this action will require background checks for guns purchased from dealers even if they're bought online. The government can consider someone a gun dealer regardless of where the guns are sold.

Errm, isn't that what happens already? The receiving FFL does a background check on the buyer at their end, unless they are allowed to forgo it as a CCW license holder.