Is the new Executive Order an off limits topic?

[kuduman]

You would be wrong. The new policy as articulated by the POTUS will require that all firearms sales and transfers be done via an FFL that can do the mandatory paperwork and background check (but they "won't keep any records").

I stand by my statement. All hot air. No effect on normal hobbyists.

 

[albatros43]

It still all gets back to if you are "engaged in the business" of selling firearms. I think that it would be quite a reach to prove that for most of us. I know there are a few that sell like crazy on here and they may very well have issues, but I really am not worried about the 2 or 3 guns per year I trade or sell. I don't fit this definition:

(C)as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;

I am not a lawyer, but I did stay in a Holiday Inn Express last night.

"with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms". I'd suspect they need more than a feedback score to prove profit.

 

[GeauxLSU]

It still all gets back to if you are "engaged in the business" of selling firearms. I think that it would be quite a reach to prove that for most of us. I know there are a few that sell like crazy on here and they may very well have issues, but I really am not worried about the 2 or 3 guns per year I trade or sell. I don't fit this definition:

Me neither, but it's not about 'me', it's about US. I know some guys like to buy something, shoot it like crazy for a week or two, get bored, and then sell it and move on to something else. That is the polar opposite of me, but I'm willing to fight just as hard for them as I am if any action taken by this outlaw administration included the verbiage "This anti-second amendment executive order applies only to GeauxLSU".

 

[Ars21689]

I'm not a lawyer but this guy is.

https://www.washingtonpost.com/news...lly-meaningless-or-else-it-would-be-unlawful/

 

[StuP]

BOS means nothing. The intent is to run a background check on, (and record ?), everyone who buys a gun regardless of how or where. Now watch for when the seller also has to pass a check.....

Interested on what the final legal opinions will be as to what transactions this applies to.

 

[mountainpass]

What does “engaged in the business” mean? The law-making branch has provided the definition: “The term ‘engaged in the business’ means—…(C) as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.” 18 U.S. Code sec 921(a)(21).

In the 1990s, the Clinton administration drastically reduced the number of Federal Firearms Licenses. Under the theory of the time, a person who sold only several guns per year was not “engaged in the business.” Thus, such a person could not have a Federal Firearms License.

The Tuesday White House statement does not change any federal law about who is required to obtain a FFL. Rather, it restates existing law, as interpreted by the courts.

https://www.washingtonpost.com/news...nalysis/?postshare=6361452024659315&tid=ss_tw

 

[MRH]

I'm not a lawyer but this guy is.

https://www.washingtonpost.com/news...lly-meaningless-or-else-it-would-be-unlawful/

Everyone should read this.

 

[JamesG]

I'll go for "unlawful" for $1000 Pat.

I stand by my statement. All hot air. No effect on normal hobbyists.

And you can keep your plan and keep your doctor too.

 

[albatros43]

I'm not a lawyer but this guy is.

https://www.washingtonpost.com/news...lly-meaningless-or-else-it-would-be-unlawful/

Great article! Of note:

"A second potential reason for issuing a guidance document of this sort, asEugene Kontorovich suggests, could be that the administration hopes to “chill” marginal gun sales. Although a guidance document does not change the relevant legal standard, the issuance of such a document can affect behavior. Individuals who learn they are closer to the relevant legal line than they had realized might be encouraged to comply with the relevant legal requirements, or they may opt to stop selling guns. In this way, a guidance document may help to discourage behavior the government wishes to control but which may lie beyond the government’s legal reach"

This is working as I've read a few guys say they're done selling now.

 

[bbooker]

Everyone should read this.

Need to read it a few more times but it seems that nothing really changed today. Am I missing something?