The ATF will drive MRAPs through this narrow decision, creating thousands of instant felons from honest Americans. They will pursue them with fanatical zeal.
Meanwhile, Obama ordered the Border Patrol to stand aside and permit a mass invasion of the USA by criminal aliens.
Matt/Travis,
Exactly correct. At Backwoods Engineer, I lay out what becomes possible with this decision. In part:
With this ruling, Obama and the Left now have most of the pieces of an Erector set, from which to construct an unconstitutional machine for registration and confiscation of all legally-owned firearms in the United States. Here's the bill of materials: Part A: all new guns sold only through dealers, and recorded on Form 4473 (Gun Control Act of 1968). Part B: notify FBI before transfer of any gun at a dealer (1993 Brady 'instant background check'). Part C: no more gun transfers without a dealer (Abramski ruling, today). Part D: a future prohibition of all transfers of guns to non-LEOs, like the Hughes Amendment did with machine guns in 1986.
Just assemble and activate. Confiscate and exterminate. Insert Abramski, and turn key to start.
You doubt me? Let's break it down.
As of the Abramski ruling today, it becomes illegal to give a gun to someone without them taking possession by a transfer through a licensed dealer. The transfer of the gun to another person is half of a private sales transaction. The rest is just money. It is but a tiny, tiny step, measured in millimeters, for some lower court to cite Abramski and rule that all firearms that move in lawful commerce must be transferred via a gun store on a Form 4473.
Private sales of firearms in America: GONE. Because Abramski. Because if we don't, someone might give a gun to their uncle.
Even if a court doesn't rule that way, all it would take is for the ATF to write a "determination letter" to that effect, start enforcing it, and it's done. "Stroke of the pen, law of the land, kinda cool," as "The Forehead" Paul Begalla said. Obama's ATF has tried similar extralegal maneuvers before, like forcing a CLEO signoff even for a machine gun transfer to a trust.
Count on it: it WILL happen at some point. Abramski will be the justification for prohibiting ALL private transfers, with or without money changing hands. It is inevitable, the next logical step, in their statist minds. And they'll get all the cover they want from the media. "No more straw sales!," the newscrone will screech. "Gun show loophole? Supremes say NO!," the headlines will read.
Without the ability to legally transfer a gun to another person without the intervention of an FFL, all lawfully-owned guns will eventually be registered - a name, an address, the model and a serial number will be on a Form 4473, either at ATF HQ, or in some gun shop somewhere.
Next, the Feds will make the leap, not far from where we are now, that Form 4473's are in the same category of information as cell phone metadata, because Abramski. Because someone, somewhere, might possibly conspire to give their uncle a gun. Then, the NSA will start hoovering up 4473's, to stop them "terrists" and their uncles.
At that point, they'll have the locations of MILLIONS of 'lawfully'-owned arms. At that point, they can either come get them, or use the information as material for blackmail. Want to go work for FedGov? Or, a cooperating state like Kommiefornia? The computer will say: "Checking 4473s for Mr. Backwoods Engineer... FLAGGED!" Turn in all the serial numbers of your guns, you "terrist"! Because Abramski! If you don't, you might conspire to give one of them to your uncle!
But what about the lawfully-owned guns that don't move in commerce anymore? Suppose you buy, a few AR-15's, or even just a lower. But you want to go out and shoot it. But the Feds get a ruling or a law, or the ATF demands that all shooting ranges have to log the serial numbers of all arms coming in their door. Because Abramski, and someone might conspire to give a gun to their uncle at the range! Horrors!
Or, how about the future finding by this tyrannical government that getting a concealed carry license in your state qualifies you for a search of your property for guns not on a Form 4473! Because Abramski, those are contraband, because if those guns aren't registered with the Proper Authorities, you might give one to your uncle! Horror of horrors!
Watch for it. And remember, the worst of it all got started today, with the Abramski ruling.