Explore The NRA Universe Of Websites

APPEARS IN News

President's Column | Obama's Latest Edict Could Turn Peaceable Gun Owners Into Felons

Wednesday, February 24, 2016

President's Column | Obama's Latest Edict Could Turn Peaceable Gun Owners Into Felons

The problem with what the president is doing is that he’s not simply posing a danger to the constitutional system. He’s becoming the very danger the Constitution was designed to avoid.”

That definition of Barack Obama’s presidency—made by Georgetown University law professor Jonathan Turley—sums up Obama’s latest gun control by edict that will create whole new classes of felons out of peaceable, law-abiding citizens.

Obama’s January 2016 announcement of his series of unconstitutional executive actions designed to bypass Congress includes setting into motion plans to disarm Social Security recipients who require assistance in managing their financial affairs. It could affect hundreds of thousands of elderly Americans.

But the centerpiece of this power-abuse nightmare is Obama’s scheme—under the guise of expanding background checks—to criminalize transfers of firearms between individuals who do not obtain a federal firearms license.

Obama laid out this attack without any specifics, as details will be written by legions of lawyers and thus may change.

Furthermore, the administration is saying that the “sunshine” strictures of the Administrative Procedures Act, requiring publication and public comment on new or changed regulations, don’t apply to Obama’s edicts, claiming such proclamations are merely “guidance.”

Under the U.S. Constitution, laws can be enacted only by the Congress, but with Obama’s royal hubris, he is altering those statutes wholesale, creating changes that will send innocent people to prison.

In Obama’s world, ordinary citizens transferring firearms under what today are perfectly legal circumstances would be required to obtain a federal firearms license or face federal prosecution. Such a license could open your doors to unannounced federal inspection of your home. The constitutional welcome mat saying “Get a Warrant” will no longer exist if you own guns.

Consider that it is already a federal felony to knowingly transfer a firearm—any firearm, anywhere—to a prohibited person: felon, fugitive from justice, adjudicated lunatic, drug dealer, etc. And equally, it is a felony for such persons to obtain a firearm or possess a firearm. Real criminal commerce in firearms couldn’t be any more illegal than it already is. So this isn’t about crime; it is about instilling fear, intimidating the law-abiding and ending legal commerce.

So what turns an individual gun owner into an illegal “dealer” subject to arrest and prosecution for not obtaining a license. How many gun transfers would turn an ordinary unlicensed person into a felon?

As reported in the Washington Free Beacon, Obama’s Attorney General

Loretta Lynch opined, “It can be as few as one or two depending upon the circumstances under which the person sells the gun.” As for who will be prosecuted, Lynch said, “We will be looking for those individuals who seek to avoid registering.” (Emphasis added.)

An Obama adviser, Valerie Jarrett, took it further: “ATF will make clear that whether you are ‘engaged in the business’ depends 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.”

Will a “new” or “in the box” sale define you as an illegal, felonious dealer with nothing more?

In truth, the black letter of the law clearly defines who is engaging in the business as someone who “devotes time, attention and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.” And it exempts “occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby.”

That definition was a hard-fought, carefully constructed reaction to years of ATF and Justice Department abuses against citizens in the past.

For those of us old enough to have been in the bipartisan fight to stop the massive civil liberties excesses of ATF and Justice Department in the 1970s and 1980s—where thousands of innocent gun owners were arrested and prosecuted for “engaging in the business without a license”—we know that with Obama, the past will be the future.

With massive support from gun owners, led by the NRA, Congress enacted the Firearms Owners’ Protection Act of 1986, and it stopped the “engaging in the business without a license” abuses cold.

So here it is, 30 years later, Obama and his axis of gun banners would restart that engine of wrath against ordinary law-abiding Americans. We must stop them in their tracks.

It is imperative that you contact your senators and representatives and tell them to stand and fight to end Obama’s executive decree war on the Second Amendment.

BY Allan Cors

President

Allan Cors is the President of the National Rifle Association of America.

TRENDING NOW
Concealed Carry Reciprocity Passes U.S. House of Representatives!

News  

Thursday, December 7, 2017

Concealed Carry Reciprocity Passes U.S. House of Representatives!

In a resounding show of support for the Second Amendment, the U.S. House of Representatives on Wednesday passed a legislative package that included H.R. 38, the Concealed Carry Reciprocity Act of 2017, and H.R. 4477, ...

House Passes Concealed Carry Reciprocity

News  

Wednesday, December 6, 2017

House Passes Concealed Carry Reciprocity

The National Rifle Association applauded the United States House of Representatives on Wednesday for passing the most far-reaching expansion of self-defense rights in modern American history. The National Concealed Carry Reciprocity Act of 2017 passed ...

Burlington Police Chief Puts New York Politicians Before Vermonters

News  

Thursday, December 7, 2017

Burlington Police Chief Puts New York Politicians Before Vermonters

As H.R. 38, the Concealed Carry Reciprocity Act of 2017, comes closer to becoming law, the arguments against the legislation are increasingly strained. There are disingenuous appeals to federalism by those who would happily burden firearms owners under ...

Kicking a Gift Horse in the Teeth

News  

Thursday, December 7, 2017

Kicking a Gift Horse in the Teeth

As we approach the Christmas season and the start of a new year, many of us look for ways to assist the needy and brighten the holidays for those less fortunate. It’s no coincidence that ...

Victory in D.C.! Shall-Issue Concealed Carry Coming to the Nation’s Capital

News  

Monday, November 20, 2017

Victory in D.C.! Shall-Issue Concealed Carry Coming to the Nation’s Capital

In a stunning development, District of Columbia officials decided in October that they would not appeal a decision by the U.S. Court of Appeals for the D.C. Circuit concerning the District’s discretionary concealed carry licensing ...

Thursday, December 7, 2017

Florida Action Report: Florida Carry cuts off its nose to spite its face – AGAIN

Once again Florida Carry, Inc. has demonstrated a lack of concern for Concealed Weapons and Firearms License holders.  License holders continue to be abused by law enforcement, prosecutors and the courts.  When firearms, that are ...

FACT CHECK: Rep. Thomas Massie Spreading Misinformation About Comprehensive Self-Defense Legislation Pending in Congress

News  

Tuesday, December 5, 2017

FACT CHECK: Rep. Thomas Massie Spreading Misinformation About Comprehensive Self-Defense Legislation Pending in Congress

In a recent Facebook Post, Congressman Thomas Massie (KY-4) included several inaccurate statements about H.R. 4477, the Fix-NICS bill. Below are some facts to set the record straight:

U.S. House of Representatives to Vote on H.R. 38, the Concealed Carry Reciprocity Act, Next Week

News  

Friday, December 1, 2017

U.S. House of Representatives to Vote on H.R. 38, the Concealed Carry Reciprocity Act, Next Week

In a huge win for Second Amendment supporters, the U.S. House Judiciary Committee on Wednesday held a mark-up of H.R. 38, the Concealed Carry Reciprocity Act, and favorably reported an amended version of the bill to the full House. 

Rosie O’Donnell and Kim Kardashian West Aren’t Entirely Against Guns, Just You Having Them

News  

Friday, December 1, 2017

Rosie O’Donnell and Kim Kardashian West Aren’t Entirely Against Guns, Just You Having Them

In the late 1990s and early 2000s no celebrity pushed gun control more than comedienne and actress Rosie O’Donnell. Longtime NRA supporters will remember the famous incident in 1999 where the arch-gun control supporter ambushed actor and ...

Wednesday, December 6, 2017

Florida Action Report! Antigun Republicans EXPOSED in Committee Hearing

Three (3) progun bills die at the hands of anti-gun Republicans

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.