What Obama Cant Defeat

KTM530XCW · Jan 4, 2016

Current law still keeps burden of proof on ATF, regardless of what his exec order said.

18 USC 921

(21) The term "engaged in the business" means—

(C) as applied to a dealer in firearms, as defined in section 921(a)(11)(A)

.....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;

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap44-sec921.htm

etrain16 · Jan 4, 2016

And, it's important to remember that the ATF explicitly notes that 01 FFL licenses are not issued to individuals for their own personal use - you have to establish an actual business. Then you have the requirements such as a place of business, a business license and approval to have the business in the area where you live or have the business. I wonder if he plans to make 01 FFL's to anyone that wants one, lessening the restrictions that keep many individuals from getting one in the first place? While I seriously doubt he would consider such a thing, I wonder if the ATF would be in favor of such a change?

No, I'm sure he will craft it in such a way as to make sales as difficult as possible for you and me.

bnsaibum · Jan 4, 2016

Don't forget 18 USC 921(a)(22)

The term "with the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph, the term "terrorism" means activity, directed against United States persons, which—

This is likely what was meant in the White House's press release

Quantity and frequency of sales are relevant indicators. There is no specific threshold number of firearms purchased or sold that triggers the licensure requirement. But it is important to note that even a few transactions, when combined with other evidence, can be sufficient to establish that a person is "engaged in the business." For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold or when only one or two transactions took place, when other factors also were present.