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Obama EO Changes NOTHING? CURRENT ATF Rules on Private Sales vs. FFL Sales
ATF ^ | By Laz A. Mataz

Posted on 01/05/2016 9:15:51 AM PST by Lazamataz

Ok, now I'm confused.

I do not think the ATF would have Obama's Executive Order implemented BEFORE the EO is even issued, right?

Well, here's the ATF Brochure on when you need an FFL, and the text largely mimics his E0 -- at least the preview, anyways.

DO I NEED A LICENSE TO BUY AND SELL FIREARMS? Guidance to help you understand when a Federal Firearms License is required under federal law

Here is this brochure's copy. I'm not certain if the brochure is new, but I suspect it has been there for a while:

Here is OTrauma's EO copy:

A person can be engaged in the business of dealing in firearms regardless of the location in which firearm transactions are conducted. For example, a person can be engaged in the business of dealing in firearms even if the person only conducts firearm transactions at gun shows or through the Internet. Those engaged in the business of dealing in firearms who utilize the Internet or other technologies must obtain a license, just as a dealer whose business is run out of a traditional brick-and-mortar store.

Quantity and frequency of sales are relevant indicators. There is no specific threshold number of firearms purchased or sold that triggers the licensure requirement. But it is important to note that even a few transactions, when combined with other evidence, can be sufficient to establish that a person is “engaged in the business.” For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold or when only one or two transactions took place, when other factors also were present.

There are criminal penalties for failing to comply with these requirements. A person who willfully engages in the business of dealing in firearms without the required license is subject to criminal prosecution and can be sentenced up to five years in prison and fined up to $250,000. Dealers are also subject to penalties for failing to conduct background checks before completing a sale.


TOPICS: Constitution/Conservatism; FReeper Editorial; News/Current Events
KEYWORDS: banglist
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I see very little in this EO preview that actually changes anything. It looks like a restating of existing rules, at least in the arena of private-party gun sales vs. FFL sales.
1 posted on 01/05/2016 9:15:51 AM PST by Lazamataz
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To: Lazamataz
Here is the ATF FFL Guidance Brochure
2 posted on 01/05/2016 9:18:26 AM PST by Lazamataz (If the Oregon occupiers are occupying a National Wildlife REFUGE, are they not now REFUGEES?)
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To: Lazamataz

That was my impression. Everything he is ordering, it looks like, is already law. Which means he is just stirring the pot, its just eye-wash for the masses.

Am I right?


3 posted on 01/05/2016 9:19:27 AM PST by marron
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To: Travis McGee; Jeff Head; The Toll; Squantos; marktwain; Southack

We may have just been played.


4 posted on 01/05/2016 9:19:52 AM PST by Lazamataz (If the Oregon occupiers are occupying a National Wildlife REFUGE, are they not now REFUGEES?)
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To: Lazamataz

It changes the term ‘repetitive’ to ‘one or two’ transactions.


5 posted on 01/05/2016 9:19:53 AM PST by lacrew
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To: Lazamataz

Can some brave soul post a pic of his tears- that was too much. Could not watch.


6 posted on 01/05/2016 9:20:05 AM PST by austingirl (Sharia, taqiyya, jihad, hijera- what more do you need to know about islam?)
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To: Lazamataz

But what’s in the EO?

Obama has to sign it before we find out what’s in it...

It’s also a set up. Do this that changes little and see the Courts give him cover.

Then another. Then another and another.

He has 12 more months of ‘fundamentally transforming’ our country.


7 posted on 01/05/2016 9:20:23 AM PST by TigerClaws
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To: Lazamataz

Andrew Malcolm

Political News & Commentary

ObamaCare Extended To Policing Gun Ownership

BY THOMAS MCARDLE

11:09 AM ET

“If you like your gun, you can keep your gun” is definitely not anything you’ll be hearing from President Obama soon.

You may never have thought that a simple visit to the doctor could lead to the FBI breathing down your neck, but the president’s new executive actions on gun control could lead to just that, mortally wounding the long-established presumption of doctor-patient confidentiality.

Obama’s directives apparently trump long-standing federal rules preventing doctors from disclosing mental health matters. Now the executive branch will “expressly permit certain HIPAA (Health Insurance Portability and Accountability Act of 1996) covered entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of individuals who are subject to a Federal ‘mental health prohibitor’ that disqualifies them from shipping, transporting, possessing or receiving a firearm.”

Currently, if a doctor discloses a patient’s private information without that patient’s authorization, the physician could be sued for malpractice or invasion of privacy. The president now apparently wants violating that confidential bond to be treated as an act that promotes public safety.

And the question of “mental health” is entirely subjective. If you tell your doctor you woke up Monday morning feeling like killing yourself, or that your spouse made you mad enough to reach for your hunting rifle, will that warrant a call to the FBI? Will a federal SWAT team then pounce, just in case you have a gun or two in the house? Such law enforcement overreach is by no means an outlandish scenario.

The ObamaCare database, it turns out, was only the beginning of this administration’s violations of the medical privacy of Americans. Now doctors are set to be enlisted in the nation’s federal gun police.

http://news.investors.com/010516-788091-obamacare-extended-to-policing-guns.htm


8 posted on 01/05/2016 9:20:28 AM PST by KeyLargo
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To: marron

I thought he was making new law, but it really looks like he’s restating existing law.


9 posted on 01/05/2016 9:20:30 AM PST by Lazamataz (If the Oregon occupiers are occupying a National Wildlife REFUGE, are they not now REFUGEES?)
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To: Lazamataz

The ATF drove LOTS of small gun dealers out of the biz back in the 70’s.
They are setting a trap now so anyone who doesn’t use a dealer for a peer to peer transaction can be considered a “dealer”

Remember Ruby Ridge.


10 posted on 01/05/2016 9:21:48 AM PST by Zathras
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To: lacrew

Not that I could see. The copy is identical, and the term ‘one or two’ could not be found anywhere else in the EO Preview ‘fact sheet’.


11 posted on 01/05/2016 9:22:51 AM PST by Lazamataz (If the Oregon occupiers are occupying a National Wildlife REFUGE, are they not now REFUGEES?)
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To: Lazamataz
"There is no specific threshold number of firearms purchased or sold that triggers the licensure requirement.

Was this already in there? This sound sufficiently vague enough to give leeway to the government to harass people capriciously.

12 posted on 01/05/2016 9:23:02 AM PST by Lorianne
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To: Lazamataz

Revelation 13: 16-18

16 It also forced all people, great and small, rich and poor, free and slave, to receive a mark on their right hands or on their foreheads, 17 so that they could not buy or sell unless they had the mark, which is the name of the beast or the number of its name.

18 This calls for wisdom. Let the person who has insight calculate the number of the beast, for it is the number of a man.[e] That number is 666.


13 posted on 01/05/2016 9:23:38 AM PST by Red Badger (READ MY LIPS: NO MORE BUSHES!...............)
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To: Zathras

I can’t see where the change is ordered. It looks identical to existing law. I think he’s trying a Jedi Mind Trick.


14 posted on 01/05/2016 9:23:43 AM PST by Lazamataz (If the Oregon occupiers are occupying a National Wildlife REFUGE, are they not now REFUGEES?)
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To: Lazamataz

What a smarmy, whining little bitch.

Obama should have been a fourth rate actor - Oh wait - he already is!


15 posted on 01/05/2016 9:24:18 AM PST by Iron Munro (The wise have stores of choice food and oil but a foolish man devours all he has. Proverbs 21:20)
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To: Lorianne

It’s on the existing ATF FFL Guidance Brochure.


16 posted on 01/05/2016 9:24:23 AM PST by Lazamataz (If the Oregon occupiers are occupying a National Wildlife REFUGE, are they not now REFUGEES?)
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To: Lazamataz

If this holds true, I would love to see the entire WH staff, the bozo himself and the AG with egg on their faces... I stood about 5 minutes - maybe not even that long - of the goofball on my TV and had to change the channel... He was trying to be funny about Mark Kelly receiving calls from outer space from his brother...it so impressed me, I almost broke a leg rushing for the remote!!

I have an idea about “outer space” but don’t think it will happen!!!! I don’t care where these people go - just GO!!!! PLEASE! Is there a way to have our memories scrubbed of all these lamebrain democrat politicians?


17 posted on 01/05/2016 9:24:30 AM PST by Thank You Rush
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To: TigerClaws

But what’s in the EO?

*****************************

If it’s an EO, not an EA, it will get printed in the Federal Register.


18 posted on 01/05/2016 9:25:08 AM PST by Qiviut (In Islam you have to die for Allah. The God I worship died for me. [Franklin Graham])
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To: Lazamataz

Ditto. Nothing has changed. Its hollow rehtoric to scare the ignorant (lots of those) into either not selling/buying privately or knuckling under and submitting to a background check. This does NOTHING to stem gun crime. This is all about trying to limit gun sales. As all things Obama its a failure from the start.

I think this idea of background checks is also hollow democrat propaganda. The implication is that some large number of those rejected would be prosecuted and possibly jailed. In reality almost no one who fails and should be prosecuted actually is. It does nothing to stem gun violence.


19 posted on 01/05/2016 9:25:31 AM PST by 556x45
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To: Lazamataz

http://www.caintv.com/obamas-gun-control-order-amoun


20 posted on 01/05/2016 9:25:40 AM PST by Marie (Hey GOP... The vulgarians are at the gate.)
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