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View Poll Results: Do you support more restrictions on firearms?
Yes 64 52.89%
No 57 47.11%
Voters: 121. You may not vote on this poll

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Old 01-05-2016, 10:54 AM
 
Location: Meggett, SC
11,011 posts, read 11,031,664 times
Reputation: 6192

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Quote:
Originally Posted by headingtoDenver View Post
I'm cool with this as well. I'm not in favor of some national database listing everyone who owns a firearm and what they own. I just think that if you are purchasing a firearm, whether it is from some individual in a parking lot or a gun show, it should be the requirement of the seller to run a background check to make sure you aren't selling it to a criminal (or someone with a mental health issue).
But should that seller be deemed a "gun dealer"? If so, that would require an FFL. From what I heard, Obama is in favor of making anyone, anyone at all, to be deemed a gun dealer. That's a mistake and far, far beyond his authority. That's forcing the one off gun seller to get an FFL, which is incredibly onerous for a one off sale.

 
Old 01-05-2016, 10:57 AM
 
3,038 posts, read 2,416,235 times
Reputation: 3765
Quote:
Originally Posted by southbel View Post
But should that seller be deemed a "gun dealer"? If so, that would require an FFL. From what I heard, Obama is in favor of making anyone, anyone at all, to be deemed a gun dealer. That's a mistake and far, far beyond his authority. That's forcing the one off gun seller to get an FFL, which is incredibly onerous for a one off sale.
Hey if the ATF starts being a bit more loose with the issuance of FFLs that could be AWESOME. That means machine guns and suppressors potentially without stamps needed.
 
Old 01-05-2016, 11:02 AM
 
Location: Meggett, SC
11,011 posts, read 11,031,664 times
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Quote:
Originally Posted by dpm1 View Post
Hey if the ATF starts being a bit more loose with the issuance of FFLs that could be AWESOME. That means machine guns and suppressors potentially without stamps needed.
I get the feeling the idea is to make FFL still hard as heck to get and require everyone who ever wanted to sell a gun to have an FFL. It's a pretty onerous requirement, especially if you're just looking to sell one gun.
 
Old 01-05-2016, 11:03 AM
 
5,444 posts, read 6,999,315 times
Reputation: 15147
Quote:
Originally Posted by southbel View Post
But should that seller be deemed a "gun dealer"? If so, that would require an FFL. From what I heard, Obama is in favor of making anyone, anyone at all, to be deemed a gun dealer. That's a mistake and far, far beyond his authority. That's forcing the one off gun seller to get an FFL, which is incredibly onerous for a one off sale.
That's the issue I see. The definition of 'gun dealer'. If I decide to sell a gun at a garage sale, that is my legal right. I shouldn't have to apply for a FFL to do this. But that shouldn't exempt me from doing my due diligence and running a background check on the purchaser.
 
Old 01-05-2016, 11:08 AM
 
3,038 posts, read 2,416,235 times
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Quote:
Originally Posted by headingtoDenver View Post
That's the issue I see. The definition of 'gun dealer'. If I decide to sell a gun at a garage sale, that is my legal right. I shouldn't have to apply for a FFL to do this. But that shouldn't exempt me from doing my due diligence and running a background check on the purchaser.
I like how the AG is claiming what makes one should have an FFL is now clear and definitive. It has quite literally never been more vague.
 
Old 01-05-2016, 11:09 AM
 
Location: Meggett, SC
11,011 posts, read 11,031,664 times
Reputation: 6192
Quote:
Originally Posted by headingtoDenver View Post
That's the issue I see. The definition of 'gun dealer'. If I decide to sell a gun at a garage sale, that is my legal right. I shouldn't have to apply for a FFL to do this. But that shouldn't exempt me from doing my due diligence and running a background check on the purchaser.
Yes, which is why I am curious as to how he is going to define gun dealer. Requiring those background check on one off sales is not appropriate to mandate through EO. Wrong branch. Needs to be done at the legislative. If Congress is not moving fast enough or doing what he wants it to do, that doesn't mean he can unilaterally decide to change the law.

But again, it will depend on the wording of the EO. If he is doing this by redefining gun dealer to be anyone, no matter how few guns they sell with no exceptions (e.g. hobbyist exception), that might be within his scope as the executive branch unless the law specifically defines gun dealer (believe it doesn't and ATF is given the authority to define gun dealer).
 
Old 01-05-2016, 11:14 AM
 
8,276 posts, read 11,927,566 times
Reputation: 10080
Quote:
Originally Posted by jambo101 View Post
I dont understand why law abiding citizens would be against gun laws and legislation aimed at preventing nut jobs from easily acquiring fire arms.If you arent a nut job all these efforts at some measure of gun control wont be affecting you,you'll still be free to go and buy a gun ,you just might have to fill out a more extensive background check before you get that gun.
Exactly. Pretty sad when the GOP in Congress would allow people on "no fly" lists to buy guns. Extreme paranoia by the NRA, to say nothing of callous disregard to the consequences of having too many guns sold with little/nothing in the way of background checks.
 
Old 01-05-2016, 11:15 AM
 
3,038 posts, read 2,416,235 times
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Quote:
Originally Posted by MassVt View Post
Exactly. Pretty sad when the GOP in Congress would allow people on "no fly" lists to buy guns. Extreme paranoia by the NRA, to say nothing of callous disregard to the consequences of having too many guns sold with little/nothing in the way of background checks.
Yes because subjecting fundamental rights to the whims of the executive branch via a secret list that takes no judicial process to get onto and has no clear path to get off of is totally reasonable. Those darned republicans.
 
Old 01-05-2016, 11:16 AM
 
5,444 posts, read 6,999,315 times
Reputation: 15147
Quote:
Originally Posted by southbel View Post
Yes, which is why I am curious as to how he is going to define gun dealer. Requiring those background check on one off sales is not appropriate to mandate through EO. Wrong branch. Needs to be done at the legislative. If Congress is not moving fast enough or doing what he wants it to do, that doesn't mean he can unilaterally decide to change the law.

But again, it will depend on the wording of the EO. If he is doing this by redefining gun dealer to be anyone, no matter how few guns they sell with no exceptions (e.g. hobbyist exception), that might be within his scope as the executive branch unless the law specifically defines gun dealer (believe it doesn't and ATF is given the authority to define gun dealer).
This is my lack of knowledge talking here, but do you, or anyone else, know how many guns can be bought/sold without being considered a dealer? For instance, can I go to one show a year and sell 100 guns and just be considered a hobbyist and not keep sales records?
 
Old 01-05-2016, 11:17 AM
 
3,038 posts, read 2,416,235 times
Reputation: 3765
Quote:
Originally Posted by headingtoDenver View Post
This is my lack of knowledge talking here, but do you, or anyone else, know how many guns can be bought/sold without being considered a dealer? For instance, can I go to one show a year and sell 100 guns and just be considered a hobbyist and not keep sales records?
There is no number. It is defined as buying and selling to pursue a profit. Hobbyists are specifically excluded. This EO has done nothing to add clarity to it.

If you had collected 100 guns over your lifetime and needed to sell them I dont see how you would suddenly become a dealer, that is not buying and selling for a profit IMO.
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