Details of New Executive Actions to be Announced Jan.5

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There's a gun show in Lexington this weekend. I was planning on going but I have the feeling this announcement put an end to that. Somewhere I have a photo from January 2013 (the first post-Sandy Hook show) of a line that extended completely outside a very large building and 100 yards into the parking lot. I fear the same thing will happen this weekend, even though this announcement would seem to put some of the sellers on notice.

Edit: here's the picture

879191a3ef0b11f235acfe6837a195e6.jpg

Oh well, maybe I can buy some .22LR by 2019 :(
 
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If you want to sell a friend or relative a gun you better be an FFL. Now if I get an FFL I'm going into the gun business. If I can't get my town to let me sell my guns from my home then You file suit. The Feds say I can't sell my guns without FFL, locals say no, make work For lawyers Big Time,class action with millions envolved.
 
If Obama were serious, really serious, he'd be trying to come up with a way for any seller to be able to run a background check on any buyer. No need to mandate its use, people will use it for their own peace of mind.

But that would require a degree of seriousness well beyond him.

I've always said this would be low hanging fruit for anyone actually focused on decreasing the chances of prohibited persons getting access to firearms through private sales. On the otherhand, likely high levels of use would weaken future UBC pushes.
 
Are executive orders effective immediately? If so Obama is going to create large new class of felons as it takes quite a while to get a FFL03 license. As currently written there are requirements for a "place of business" that would be a major problem for individuals and potentially open their homes to federal inspection by the AFT.

If you want to sell a friend or relative a gun you better be an FFL.

What are you guys talking about?

That's not in there anywhere!

Almost nothing has been changed by this. Are we just (again, once more) making up boogey man stories to scare ourselves with?
 
The SSA portion is new and if I am interpreting it correctly, it will affect millions. The VA did this to thousands of our vets
 
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The president did not:

Start searching houses door to door
ban any firearms by any category
shut down sales of firearms
ban imports of firearms
require turn in of listed firearms in a buyback scheme
start enforcing laws requiring the registration of gun under state awb


Which hundreds of posters have categorically stated he would do at his first opportunity to strip us of our guns.

Not one.

For those who come here preaching the POTUS has the Executive authority to write law and behave as is he is the anointed potentate of power in America, remember this was your last chance for him to do it. He isn't unilaterally stripping the 2A from the Constitution at all, he's making a few lame duck adjustments to tighten up language in areas left undefined since he wore diapers himself.

His gun control legacy to impose more draconian and unilateral restrictions doesn't exist. IT'S A SIGNAL DEFEAT, not an era of new restrictions.

Nothing he has proposed even comes close to the AWB, and it certainly doesn't even rank with the importance of the NFA. It's memos, directives, and a request for money from Congress. If they fail to cough it up, it's on them.

His three panel display at the Obama Library will pleasantly discuss all these positive gun control efforts and put the blame squarely elsewhere for the number of deaths - which the bloggers and columnists now say equal car deaths. It's Not My Fault, I Tried But The Unwashed Masses Failed To Accept My Benevolent Guidance.

In pure bureaucratic fashion, the Gummint can't do anything about it now. No Cult of Personality will be able to change things.

Neither will Trump.

Thanks for the sanity check. It's almost as if he had his staffers cobble together something strictly to burnish his coming legacy...
 
I'm curious about something I saw on the news quite a while ago. A reporter went to a gun show. One of the sellers had MOUNTAINS of obviously "new" guns for sale. But he in essence had bought them using his FFL, paperworked them into his own private collection and was then selling them as "used" firearms from his private collection.

Did/does that sorta stuff go on much anymore?
 
This is a question that has bothered me here in CO.
If there is/will be some sort of cap or limit that puts one at a dealer level but all your transaction are run through a licensed FFL could you still be prosecuted under the law as a non licensed dealer for having to many transactions?
Under the federal criteria I say yes but you are also following the letter of the UBC law and its intent? I see this as a potential issue if complying with the EO's if you believe as I do that they will be cracking down on private sales.
In a way this approach is worse than just passing a UBC for this reason. I guess technically they haven't changed the definition of being "engaged in the business" or what you need to do to get a FFL, but if instead they just made it easier to run a background check and be good, it would make things less complicated. The problem I see is that the difference between an individual that conducts a background check and a FFL is that the FFL has a lot more paperwork requirements. If that determination is made after the fact, all of a sudden even if you run background checks you have still sold guns without the logs and 4473's.
 
From Sam

"What are you guys talking about?

That's not in there anywhere!

Almost nothing has been changed by this. Are we just (again, once more) making up boogey man stories to scare ourselves with?"
__________________


The AFT released new guidance today. Among the requirements for an FFL03 license is a place of business and secure storage. I do not believe this is a new requirement. Here is a link to the standards:

http://www.foxnews.com/politics/201...ualifies-as-firearms-dealer.html?intcmp=hpbt1
 
But he in essence had bought them using his FFL, paperworked them into his own private collection and was then selling them as "used" firearms from his private collection.

This is what the BATFE says to dealers:

You must obtain a completed Firearms Transaction
Record (Form 4473) for each and every sale or
other transfer of a firearm to a non-licensee.
It is
your responsibility to ensure that each Form 4473 is
completed correctly in accordance with the instructions
on the form. The correct completion of these forms
enhances traceability of firearms.
Correctly completing ATF Forms 4473 is one of the most
important things you can do to ensure that ATF can trace
crime guns.
This form must be completed when you:
1. sell or trade a firearm;
2. return a consignment firearm;
3. return a pawned firearm;
4. loan or rent a firearm for use off of your licensed
premises; or
3
5. otherwise transfer a firearm to a non-licensed person.
Note: You must transfer the firearm to the person who
completed the Form 4473 and NOT to a spouse, relative,
or other representative of that person.

Exceptions to the ATF Form 4473 Requirement:
You are not required to obtain a Form 4473 for the
following sales and other transfers:
1. Transfer of a firearm to another FFL (including
collectors when transferring a Curio & Relic
firearm);
2. The return of a repaired firearm to the person from
whom it was received;
3. The sale of a firearm to a law enforcement agency
or to a law enforcement officer for official duties
if the transaction meets the requirements of 27 CFR
§478.134, discussed on pages 7 and 8; or
4. Transfer of a replacement firearm of the same
kind and type to the person from whom a firearm was
received.

So if someone was doing what the reporter claimed, then they were simply breaking the law.

Breaking the law happens sometimes.
 
Paradox998...
Among the requirements for an FFL03 license is a place of business and secure storage. I do not believe this is a new requirement.
Seeing as a type 03 FFL is SPECIFICALLY NOT FOR BEING IN THE BUSINESS, and you are not allowed to use it for the business of buying and selling guns, how could you be requred to have a place of business in order to have a collectors' 03 ffl?

I do not see that requirement anywhere in there. (Double-checked ... nope. Doesn't say anything even close to that.)
 
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This was strictly a face saving attempt, along with phony tears, to show everyone that he did something. He in reality did nothing that didn't already exist, other than hire some people that he should have had in place a long time ago.
I didn't see anything that affected us in FL at all.
I still see the same Ads on the websites I frequent, and the same "guns for sale" in the classifieds, unless you are a "Gun-Runner", you should have nothing to be concerned with.
This will all be struck down in the legal system, probably after he is out of the White House, but it gives him a face saving, out, so he can say "see I did it".
 
1/2 of the posts are saying it wont pass court challenge...... 1/2 are saying it's not much different than what we have now.


If both were true, we shouldn't have already fought and won?



What he has done wont be fought in court because he didn't create any laws to be challenged.

What may be fought in court is when a SSI/SDI recipient is blocked from buying a gun and SSI/SDI is sued for checking the box that designated someone as a prohibited person.

He's successfully stirred the pot to look like the good guy (and Dems in general) and to punt the fall-out to the agencies that will do his dirty work.



Whats he's done is instruct agencies to start interpreting the vagueness his way and to start doing/requiring things that don't need a law to be written; because he cant write laws. And, he played politics to help the Dems and demonize the Republicans.


Said by Obama

"Each time this comes up, we are fed the excuse that common-sense reforms like background checks might not have stopped the last massacre, or the one before that, or the one before that, so why bother trying," Obama said. "I reject that thinking."


Here^^^....right here ^^^... he's acknowledging that his plans are and will be ineffective but framing it so that the Republicans are painted as not willing to at least try to save our children.




(... and the 3rd 1/2 of the posts, are stating things that weren't even said.)
 
This was strictly a face saving attempt, along with phony tears, to show everyone that he did something. He in reality did nothing that didn't already exist, other than hire some people that he should have had in place a long time ago.
I didn't see anything that affected us in FL at all.

If you receive SS and have someone else manage the funds on your behalf, this affects you and millions of others (the same method used on our vets) :mad:. Unless I am missing something here, this EO will have a massive affect on millions of Americans.
 
Time will tell if there are elevated enforcement of these "clarified" dealer definitions or not, same for the mental health evaluations.
What is clear is that he has again shined a huge spotlight at one of his issues. My hope is that it backfires but aside from the gun issue BHO has been very effective in using the "Bully Pulpit" in moving his agenda forward against an impotent opposition.
Anyone paying attention to any MSM if the last couple days knows the press is all in on this one.
 
Application for FFL forms

The website to apply for a FFL license is at: https://www.atf.gov/distribution-center-order-form.

There is apparently no cost for these forms. I applied for FFL forms. Anyone who 'might' be thinking about selling a firearm to anyone should apply for these forms.

If anyone 'might' sell one of their guns later this year I guess you will need these forms.

If this creates a real backlog and headache for ATF that would be a real shame wouldn't it?

Bill Tolle
Lifetime NRA Member
 
Make NICS more efficient with 230 new ATFers and tech improvements.

Funding for 200 new ATF agents and investigators for enforcement

New $500 million investment to increase access to mental health services

Where is this money coming from, congress? I thought congress put ATF on a short leash regarding their budget. Money for mental health? What federal agencies budget gets increased for that?

I noticed he said this would be in his FY2017 budget so it's not a slam dunk.

The more I look at this the more I think it's business as usual. Looks like scare tactics to me. Courts will decide if the FBI has a case against you for selling a firearm without a FFL.

If anyone 'might' sell one of their guns later this year I guess you will need these forms.

I don't think I need one. I wouldn't want the ATF thinking I wanted to go into business even if I wasn't.
 
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Are we just (again, once more) making up boogey man stories to scare ourselves with?

Yes. On every forum I participate there are threads going with people spreading wild rumors of what this EO does.
 
But he in essence had bought them using his FFL, paperworked them into his own private collection

That's rather heavily frowned upon by the ATF, isn't it? Using your FFL to buy guns pretty much exclusively for your own personal collection?

(and I'm talking non-C&R FFL here - a standard Type 1 FFL)
 
According to a certain British state news organisation, the EO mandates "Background checks for all gun sellers, overturning current exemptions to some online and gun show sellers"

Surely this means that a parking lot exchange between two people is essentially outlawed, if there isn't a background check done?
 
Surely this means that a parking lot exchange between two people is essentially outlawed, if there isn't a background check done?

Obama said it that way. The mainstream media bought it that way.

Still doesn't make it so in reality.
 
Still doesn't make it so in reality.
Not reality unless your that guy.
BHO has control over the ATF and its director and it is my sincere and cynical belief that those agents will be directed to find and prosecute those transactions more than those who fail background checks, use guns in commission of a crime, straw purchase etc.
 
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