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But when am I "engaged in the business" of selling firearms and when am I just selling a gun to my brother-in-law? I've heard 2 guns mentioned. I've even heard 1 gun with other circumstances. What are those other circumstances? They were not defined today. If I make a profit on it? Retail price of some of my guns were as low as $45 in 1960. Retail price now is $450. How do I calculate a profit or a loss so I don't spend 10 years in the federal pen?
From everything I've read, the criteria remains exactly the same.
If you're buying guns with the intent to re-sell at a profit, and you do this over and over, the government will be able to make a pretty good case that you are actively "engaged in the business" without a license. It doesn't matter through what medium you're selling guns either whether it be the internet or at a gun show, but again, this has always been the case.
And even if you sold a gun to say, your brother-in-law or your neighbor for example, and they tried to say you were engaging in the business, that would never stick. The courts would have to throw it out because the law clearly allows those kinds of transactions to take place without the need to posses an FFL, and that law hasn't changed.
Everybody is freaking out but I'm telling you, practically nothing has changed. This was all a show.
In a word, nonsense.
The precedent for executive actions has been set, and is valid. No violation of the Constitution occurred.
Background checks are part of the law, already, and the order simply strengthens the requirement for such checks being applied to online sales and gun shows.
The checks always did apply to online sales and gun shows for those running a business. These new requirements ( if you can even call them that ) just re-enforce the same laws that have existed for decades that state that if you're engaged in the business of dealing firearms, you must obtain a license.
Originally Posted by DJboutitObama has given congress 2 1/2 yrs to come up with a gun control bill and they have come up with jack time is up something need to be done. NRA loves mass shooting after one happens they can fear monger the publican and there will be a increase in gun sales for 2 to 4 weeks after a big mass shooting There is no reason some need 5 to 15 guns 1 hand gun for home protection is enough and do not need to take it everywhere you go like the park or doctor office
So I take it when the next Republican president takes office and gives congress a length of time to defund planned parenthood or abolish abortion altogether, and Congress doesn't act, you'd support the President just doing it on his own, right?
It's comments like yours that #1 really make me fear for the future of our Democracy and #2 helps me understand exactly what Ben Franklin meant when after being asked "what kind of government have you formed" he said in response " a republic, if you can keep it"... And you make these comments with either a complete lack of understanding or a complete disregard for what is called the separation of powers in our government. Why even elect representatives? If the president can just do whatever he wants, shouldn't we just cede authority over to the president now and become a full-fledged monarchy or dictatorship? Congress was elected by the people and they will be accountable to the people come next election. The President doesn't have to get bills passed in congress just as a courtesy, he has to do it because the Constitution says that they are co-equal branches of government. They aren't there to just rubber-stamp the presidents agenda and he can just do whatever he wants if they refuse. People like you operate under the assumption that your desired conclusion ( more gun control ) is the only acceptable outcome. That's why it's so funny to hear people say things like "congress left Obama no choice" as if the end result Obama wants is the only acceptable outcome. No, congress says no more gun control, so that's the end of it, and the people will judge that in the elections.
You just support Obama acting on his own because you happen to agree with what he's doing, but don't seem to comprehend the dangerous precedents it sets. What happens when a president makes an end run around your representatives in congress on an issue you don't agree with?
No matter though, because in the end, Obama did exactly what the Constitution allowed him to do on his own.... nothing, save for re-enforcing existing laws. In the meantime, my recommendation for you would be to go back and re-take your 5th grade civics / government class.
Obama chickend out and did nothing.all this over nothing wich is what he is nothing.
He did what he was within his power. It was obvious he was not going to propose something which the courts would bat down in a week. People have been screaming their lungs out for a week about Obama committing an impeachable offence and treason etc and yet they didn't have the slightest clue what he was going to announce.
Just curious.... How would this EO have stopped the Sandy Hook massacre? President Obama shed tears to that horrible event at yesterday's news conference. It wouldn't have. Lanaza's mom but him the weapons.
Obama issues an order, which is not law, which cannot be enforced. In clear violation of the Constitution of the United States, and beyond his Constitutional authority, Obama "orders" (mandates) background checks for online & gun show sales.
This is unenforceable, as it is not law. Obama has no authority to make law. Secondly, "executive orders" may only apply to the administration and government agencies. They do not apply to private institutions, citizens, etc.
Therefore, there is nothing to compel anyone to follow his "order."
Obama is not a King, though he may think he is. Do not comply.
what are you talking about - which executive order is upsetting you?
The checks always did apply to online sales and gun shows for those running a business. These new requirements ( if you can even call them that ) just re-enforce the same laws that have existed for decades that state that if you're engaged in the business of dealing firearms, you must obtain a license.
I do not know about all states, but plenty goes on in the gun shows-- you think where there are "profits" it is angels from God running the show?? Guns should NOT be sold like candy --and in some places they are-- we don't live in the woods of Nevada- I am for safety and training course- with any new registration
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