Saturday, October 10, 2015

BOHICA

Related to my previous post: Gun sale regulations stir debate | News - Home

I hadn't actually seen any of the proposed Executive Actions that His Imperial Majesty Barack Hussein Obama I was contemplating using to bypass Congress in order to punich law-abiding gun owners, until reading this article:
{Eric} Friday {Lead Counsel for Florida Carry} is critical of one of the president's potential actions to force gun sellers who sell a small number of guns each year to do background checks for anyone who purchases from them. This would include people who buy and sell guns occasionally as part of a collection.
So, if I decide I want to get rid of a gun I never shoot, I have to run a background check. Or, maybe, I'm OK selling on gun, but not two. Or four. Or some other arbitrary number. Because the vast majority of the limits proposed as part of gun control schemes that involve a quantitative limit are purely arbitrary, a number of rounds or inches or transactions pulled out of someone's fourth point of contact having nothing to do with reality.

Time Magazine (are they still a thing?) has an article with further detail on the topic:
Among the options being reviewed is a proposal to redefine who is considered a licensed gun dealer, which would also change requirements for conducting gun background checks. According to NBC News, under the proposed executive action anyone who sells 50 to 100 guns every year would be considered “in the business” of selling guns and have to adhere to laws that apply to gun dealers such as conducting background checks on buyers.
The action would reportedly not apply to people who occasionally sell, exchange, or purchase guns for their personal collection or anyone who sells off all or parts of their personal firearm collection.
So, 50 to 100 is a lot more reasonable than one or two or five, but as the NBC article linked to observes
(the administration has) not formally settled on a number.

"This is a super-complicated policy," said one administration official who was familiar with the idea.
How, exactly, do they intend to declare by regulatory fiat that "You are now an FFL"? If the threshold is 50 guns, is there a knock on the door and a guy in a suit saying "Mr. Drang, our records indicate that you have sold 51 guns, you have one week to submit the paperwork to get licensed as an FFL"?

Because, absent an FFL, there is no mechanism in place for me to do a background check, so are they going to establish a statuary requirement for FFLs to perform background checks as a service for the general public? What kind of record-keeping burden will there be? Or are they going to substantially remake NICS? Will they require me to go through my FLGS if I decide to sell my deer rifle to a co-worker?

And how do they intend to enforce such a requirement?

And how does Obama expect to avoid impeachment for going this far in his end run around Congress, once Boehner and McConnell are out?

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