Any individual who sells a gun to a friend or family member could be required to get a Federal Firearms or gun dealer’s license and then do a federal background check on the buyer under President Obama’s latest set of executive orders.
White House Senior Adviser Valerie Jarrett told reporters that the details of the transaction will determine whether an individual must get a license.
“ATF will make clear that whether you are ‘engaged in the business’ depends on the facts and circumstances,” Jarrett said. “On factors such as: whether you represent yourself as a dealer, such as making business cards or taking credit card statements. Whether you sell firearms shortly after they’re acquired or whether you buy or sell in the original packaging.”
Jarrett and Attorney General Loretta Lynch said the rules could impact people selling as few as one or two guns.
The rules were announced earlier this month by Obama, and the proposal drew outrage from Second Amendment supporters.
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“In an era when private individuals can set up their cell phones to accept credit cards, accepting credit-card payment for one gun will now make selling firearms your ‘principal objective of livelihood,’” John R. Lott Jr. wrote on National Review.com.
Judge Andrew Napolitano, a Fox News’ senior judicial analyst, agreed.
“Mr. Obama will now require that anyone who sells a gun, that is even an ‘occasional’ seller will be required to perform a background check. By defining what an ‘occasional seller’ is, the president is essentially interpreting the law, a job reserved for the courts,” Napolitano wrote in a column.
Obama’s actions, Napolitano said, are unconstitutional.
“President Obama has very little room to issue executive orders on guns because the congressional legislation is so extensive, detailed, and clear,” Napolitano wrote. “Congress has expressly removed occasional sales (sales not made by full-time dealers) from the obligation of obtaining federal licenses and from conducting background checks. The president is without authority to negate the congressional will on this, and any attempt to do so will be invalidated by the courts.”
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