President Obama's EOs on Gun Control

[TeddyR]

Here's two articles from the WaPo (one from yesterday) discussing the impact of President Obama's executive orders regarding gun control. The one expanding background checks is described as having "modest" impact though taken together the impact of all the orders could be "substantial."

https://www.washingtonpost.com/blogs/plum-line/wp/2016/01/05/here-is-how-obamas-most-controversial-new-action-on-guns-really-works-its-fairly-modest/?hpid=hp_no-name_opinion-card-e%3Ahomepage%2Fstory

https://www.washingtonpost.com/politics/obama-to-unveil-new-gun-restrictions-slams-congress-for-inaction/2016/01/04/81d539e8-b2fb-11e5-a842-0feb51d1d124_story.html?hpid=hp_hp-top-table-main_obamaguns-646pm%3Ahomepage%2Fstory

[Lizzie Poppet]

1. As a UBC supporter, I particularly approve of that change in policy towards non-FFL sellers.

I've thought the vague rules about who is required to have an FFL to continue selling guns needed to be reformed for quite a while now, even before the idea of expanding background checks became a point of discussion. There's a vast difference between a gun owner selling one or two guns that they no longer want and those guys who come to every gun show with a couple tables full of tactical gear and a bunch of guns from their "private connection." The latter are running a business. Even if it's a part-time income supplement, it's still a business and should be licensed accordingly. The fact that they'll be required to run a background check is icing on the cake.

This is also a step closer to universal background checks. The final step to achieve that goal will have to be taken by each state (we already have done this here in Oregon), but I expect a lot of states to do so. Some, obviously, never will...but we can still see progress.

[flamin lib]

2. Tiny little nit to pick (sorry to act like a guniac) but

these are Executive Actions, not Executive Orders. Orders carry the force of law, actions are more like a advisory not carrying the same force as an Order.

That said, it's about damn time there was clarification on who is and isn't a gun dealer. The ATF has used the loose definition of dealer as someone who makes the predominance of income from gun sales. So if you make $50 a year and $24k is from guns sales you are not a "dealer". The way I see it is that if a person sells guns to supplement income in any amount they become a gun dealer. I would start with selling one gun every other month as a definition of "being in the business".

To qualify for a full FFL to sell guns you must do business through a retail storefront so there will probably have to be a second classification of license similar to that of a Curio and Relic license.

[TeddyR]

7. Thanks for the clarification eom

[Recursion]

3. I think they're decent moves, but not game-changers in any sense

That's not a criticism of Obama; it's literally the only rope he can pull on.

The expansion of the FFL definition will probably have a non-zero positive impact. That's probably all I can realistically say for it.

[Lee-Lee]

4. In reality nothing has changed in regard to background checks

Because the law hasn't.

The law has always been that if your buying and selling guns as a business, full or part time, with the goal of making a profit you need an FFL.

It's been that way since 1968.

That law has always been there and always been available for the BATFE to enforce. The criteria for who meets the threshold is set by the letter of the law and case law. They can't declare the definition of being in business different unless the actual law is changed.

The only thing that appears to have changed is that they are actually going to enforce it now instead of turning a blind eye to it like the BATFE has been. And maybe now the US Attorneys office will actually care enough to want to prosecute.

[B Calm]

5. NRA Republicans have been saying for years they need to enforce gun laws

already on the books. Then they turn around and underfund the law enforcement and scream about how big the government is getting.

[Lee-Lee]

6. Yep. Sad thing is mostly that it's taken this long to care enough

To simply put an emphasis on enforcing the law.

They still haven't said a word about the biggest lack of enforcement where tens of thousands of people are caught committing federal perjury trying to buy a gun and they are allowed to walk away with no prosecution.