[Defiant]

Question: Does existing law define a gun dealer, or does the President get to define the term?

[Alberta's Child]

Both. From what I understand, the existing law gives the executive branch the authority to establish those standards.

This is common in Federal laws.

A good example of this would be interstate highway standards. When you drive from one end of the country to the other and notice that all the road signs look the same, it isn't because Congress sat down one day and passed a law with detailed requirements for highway sign colors, letters, spacing, etc. More likely, Congress just passed a law requiring all interstate highway signs to have uniform standards that would be established by the Federal Highway Administration.

[Yo-Yo]

Question: Does existing law define a gun dealer, or does the President get to define the term?

As was the case before Nobama opened his mouth, the ATF gets to choose who to prosecute as an unlicensed gun dealer, and the courts get to decide if the AFT was right or wrong. There is no hard and fast rule regarding a dollar figure or number of sales that defines a "gun dealer" from an average Joe selling from his own collection.