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
Shoddy Science and Shaky Assumptions: Court Invalidates California’s Handgun Ad Ban on First Amendment Grounds

News  

Friday, September 21, 2018

Shoddy Science and Shaky Assumptions: Court Invalidates California’s Handgun Ad Ban on First Amendment Grounds

Earlier this month, a federal court invalidated California’s ban on premises advertising relating to handguns (but not other firearms), disparaging the state’s proffered justification for the law as nothing more than “mere speculation and conjecture.” 

New Industry Statistics Underscore Popularity of “America’s Rifle”

News  

Friday, September 21, 2018

New Industry Statistics Underscore Popularity of “America’s Rifle”

Senator Dianne Feinstein has spent the last 26 years pushing gun control at the federal level and earlier this month demonstrated her willingness to distort facts and Supreme Court precedent in her ongoing effort to ...

Bloomberg Presidential Run? Maybe. Bloomberg Effort to Buy the Midterms? Definitely.

News  

Friday, September 21, 2018

Bloomberg Presidential Run? Maybe. Bloomberg Effort to Buy the Midterms? Definitely.

Billionaire gun control financier and former-New York City Mayor Michael Bloomberg is once again floating a presidential run.

Gun Control Twist: Saving One Life “Does Not Justify” Right-to-Carry

News  

Friday, September 21, 2018

Gun Control Twist: Saving One Life “Does Not Justify” Right-to-Carry

Gun control advocates often use some version of the phrase “if it saves one life” in order to justify their ineffective proposals. This week, the anti-gun editorial page of the Chicago Sun-Times offered a different ...

Outrageous! NC University Forces Student to Remove NRA Flag from Dorm Window

News  

Wednesday, September 19, 2018

Outrageous! NC University Forces Student to Remove NRA Flag from Dorm Window

Elon University student forced to remove NRA banner from his dorm room window.

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Anti-gun Senator Accompanied by “Unprecedented” Security Detail While Traveling in California

News  

Friday, September 14, 2018

Anti-gun Senator Accompanied by “Unprecedented” Security Detail While Traveling in California

Sen. Kamala Harris (D-CA) is no fan of the Second Amendment. As California attorney general, she sided with local officials who refused to issue concealed carry permits to qualified, law-abiding applicants unless they could demonstrate an extraordinary ...

NRA Calls on Phil Bredesen to Retract Misleading Ad

News  

Wednesday, September 19, 2018

NRA Calls on Phil Bredesen to Retract Misleading Ad

The National Rifle Association Political Victory Fund today called on U.S. Senate candidate Phil Bredesen to retract a false and misleading campaign ad where he cites an incorrect NRA grade and misleads voters by claiming ...

Gun Control Activist Urges Canadian Audience to Get Involved in U.S. Politics

News  

Friday, September 14, 2018

Gun Control Activist Urges Canadian Audience to Get Involved in U.S. Politics

For someone who has previously falsely accused the NRA of funneling foreign money into domestic politics, it must be that David Hogg either forgot he was in Canada recently or failed to appreciate that it’s also illegal ...

News  

Wednesday, September 19, 2018

NRA Endorses Marsha Blackburn for U.S. Senate

On behalf of our six million members across the country, the National Rifle Association Political Victory Fund (NRA-PVF) today endorsed Marsha Blackburn for U.S. Senate in Tennessee.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.