Given the contempt the
Lying Snakes in Washington, err our honorable elected officials show for the Bill of Rights and our Constitutional safe guards I fear the worst.
January 1, 2016
There’s been a flurry of news about the impending executive orders from President Obama on gun control. There are few hard facts about what’s coming down the pipeline. But if you read the tea leaves with enough regularity you can see patterns emerge and get a glimmer of things to come. Let me channel my inner Hari Seldon and predict the immediate future of gun control in America . . .
There’s little doubt that the executive orders being readied are trying to close the so-called “gun show loophole,” a term that the civilian disarmament community now uses to cover any and all private party firearms sales. We have a pretty good idea of the specific avenue of attack: the “in the business” regulation of the FFL system.
The Federal Firearms Licensee (FFL) system was put in place by the Gun Control Act of 1968. The Act mandated that anyone “in the business” of buying and selling guns required a license from the federal government. Anyone engaged in interstate commerce in guns of any kind also needs a license. Under the Act, a private party can sell firearms from their personal collection – not for profit or business purposes – without federal oversight, provided the transaction occurs in their own state. No license required. No no background check required (because access to the NICS system requires an FFL, which the average person can’t get). It’s a reasonable carve-out given that the transaction isn’t profit-related and involves a legal product sold legally to a legal buyer without crossing state lines. Note: it’s illegal for anyone to knowingly sell any gun to a prohibited person. Period.
The “issue” in play, due to be the subject of President Obama’s executive order sometime next week: the definition of being “in the business” of selling firearms.
There’s no hard and fast number of guns an individual may sell that determines that he’s “in the business” of selling guns. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) takes a “we know it when we see it” approach. With their limited budget – courtesy of Congress’s suspicion of their intent – the ATF doesn’t have the resources to investigate individuals who push the envelope of the “in the business” provision to sell a large number of guns to private individuals.