As a general rule, you will need a license if you repetitively buy andsell firearms with the principal motive of making a profit. In contrast,if you only make occasional sales of firearms from your personalcollection, you do not need to be licensed.
https://m.box.com/shared_item/https%3A%2F%2Ffnn.box.com%2Fs%2Fe5ibgdi1r50f7ofqg6u9tx3myoowd30b
^ used to determine if you are a gun dealer or not & must get a license/perform background checks
Yup. And of course the agency can tweak this as long as it stays within the framework of the statutory direction. As I said this is likely going to come in the form of an ATF amendment/clarification of regulations (standard administrative practice), not an executive order. Not that the FFA will let that stop them from complaining about the tyranny of non-existent executive orders, of course.
I have no problem with proper agency action, rulemaking after notice and an opportunity to be heard, to clarify and define discretionary power which was legislatively authorized to that agency and within the understood purview of that authorization.
I am fairly clear that a decision to interpret that there was sufficient ambiguity in the definition of a gun dealer such that background check provisions be extended to all sales will not be accepted by the Courts. Current legislation clearly contemplates that there will be exceptions to the requirement for performing background checks and this would render that meaning a nullity. Still, that tension more
or less always exists and we can and should go through the process if the Agency, or the Agency's boss, the President, determines that we should. That, however, is different than the President saying he is going to issue an Executive Order making the thing criminal on his own authority. The President, in this case, has introduced the ambiguity as to the process and bears responsibility therefore. If the President wants to issue an Executive Order to the ATF&E to undertake rulemaking on this subject, and that rulemaking is then subject to proper challenge, I have no problem. To many this will seem a distinction without a difference. Not so to me. I find the checks and balances of our Constitutional process very important.
Frankly I think the President is grandstanding a bit on the issue right now, knows it, but also knows that most people will not understand the process. He is making a political point. He wants to be seen as leading on this issue. He is willing to ignore what should even be his understanding of the proper distinctions here to be seen as leading. I understand his reasons. I believe he feels he must do something and must be seen as doing something. I even believe he thinks this might be incrementally effective. I don't ascribe to him nothing but negative motives. that said, for expediency he continues us down a road of less appreciation for our Constitution, and I find that a bad thing.
The estrogen is strong with this one.
I was also in a pissy, angry mood at the time 
![[icon]](/data/avatars/m/5/5167.jpg?1660313464){kind=avatar}
@ gun registration still being a topic.
