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Dead Constitution
See other Dead Constitution Articles

Title: Private Gun Sellers Confused By Obama’s New Rules
Source: [None]
URL Source: http://2ndamendmentinsider.com/priv ... -confused-by-obamas-new-rules/
Published: Jan 20, 2016
Author: staff
Post Date: 2016-01-20 06:52:32 by BTP Holdings
Keywords: None
Views: 119
Comments: 2

Private Gun Sellers Confused By Obama’s New Rules

This week, Obama went live with his promised executive actions on gun control, leaving millions of gun owning citizens confused on whether or not they need to obtain a license to sell their firearms.

Reading the Gun Control Act of 1968 for clarification, it clearly states that only persons “engaged in the business” of dealing guns must be licensed.

Obama’s statements created confusion when he said that if you sell a gun, you must have proper licensing. The ATF has not been overly helpful in clearing the confusion, as they released one fact sheet defining “engaged in business” and stating that nothing has really changed on their end.

Generally, if an individual repetitively buys and sells firearms with the goal of turning a profit, they do need a license while someone making occasional sales from a personal collection do not. Those violating such laws, if prosecuted and found guilty, face up to five years in prison, a fine up to $250,000, or both.

The ATF will not define how many gun sales would require someone to be licensed, relying instead on a host of other factors that accompany the unlicensed sale such as if the seller represents themselves as being “engaged in the business” through the use of advertising or business cards and other circumstances such as accepting credit card payments or quickly reselling recently bought firearms — though they do advise that one may break the law if these factors are present “when only one or two transactions took place.”

Fortunately, C.D. Michel, the senior counsel for Michel and Associates in Long Beach, California, has been able to provide some clarifying information.

“The definition of ‘engaged in the business,’ and the exceptions that were thoughtfully and deliberately built into it when the law was first passed, have been litigated and interpreted by regulatory agencies, courts, lawyers, and gun owners for many years,” Michel said.

“As the legal meaning of the term became well settled over time, Congress accepted the interpretation and never saw a need to change the statute. Over the years the law’s requirements have become common knowledge and accepted practice among those who weren’t covered by the law,” he explained.

What concerns Michel is that, if the White House has directed a move to change the law from the Oval Office, the change itself would be illegal.

“Now, at the stroke of a pen by one politician with no law making authority under the constitution, the meaning of the law is unilaterally changed overnight, and tens of thousands of people will be deemed criminals if they do exactly the same thing they have been doing with the government’s blessing for years,” Michel said.

With more and more Americans being wary of any of Obama’s schemes, gun sales set record numbers from May 2015 straight through December 2015. People realize that government can not protect them from potential terrorist attacks, nor attacks directed at them from local thugs, and they purchased guns for personal protection. Safety is our own responsibility.


Poster Comment:

Obummer cannot cross the line between Executive and Legislative. The Supreme Court needs to knock him down.

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#1. To: BTP Holdings (#0)

Fuck Obama, the Supreme's and D.C., period.

"Honest, April 15th is the real April Fool's Day".

"The almighty Dollar ain't worth a buck".

"White Lives Matter Most if you're white"

Doug Scheidt

noone222  posted on  2016-01-20   7:11:03 ET  Reply   Trace   Private Reply  


#2. To: noone222 (#1)

Fuck Obama, the Supreme's and D.C., period.

Obummer may be the LAST President of these United States. It is a fair bet the his latest actions may spur a new revolution. The results may be devastating for us all. And the actions of the FED ($1 Trillion stealth QE) will be another trigger. How much do they think they can expand the money supply? To infinity? ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2016-01-20   7:20:04 ET  Reply   Trace   Private Reply  


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