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Obama’s rhetoric doesn’t match reality of gun laws

As President Obama announced his administration’s new gun control measures Tuesday, two of his stated objectives were to “close the gun show loophole” and to “restrict Internet gun sales” because a “dangerous felon” can currently buy a gun at a gun show or over the Internet “with no background check, no questions asked.” However, the president’s contention that background checks are not required either on sales of firearms at gun shows or over the Internet is materially misleading – if not entirely false.

Under federal law, anyone “engaged in the business” of selling firearms must obtain a Federal Firearms License. Federal law also requires that all Federal Firearms Licensees (“FFLs”) gather the personal information necessary to conduct a background check on any person attempting to buy a gun by requiring the purchaser to fill out a ATF Form 4473. The FFL then contacts the National Instant Criminal Background Check System operated by the FBI out of Clarksburg, W.Va., which performs the background check. It does not matter where the FFL is conducting business – in a “brick and mortar” store, at a gun show or over the Internet, the requirement to conduct a background check on every gun purchaser remains the same. Thus, the belief of many that “buying a gun at a gun show or over the Internet does not require a background check” is false as applied to any purchase made from a dealer.

As to Internet sales, the federal requirement to conduct background checks means that any firearm bought from a dealer over the web may be shipped only to another licensed gun dealer. As a result, a gun purchased over the Internet is shipped to a dealer, the purchaser goes to that dealer, fills out a form 4473, undergoes a background check and receives his or her gun (assuming a successful background check). Even private individuals are prohibited from selling or shipping guns to other individuals across state lines by federal law (over the Internet or by any other means).

The only exception to the requirement to conduct a background check as part of the sale of a firearm relates to transactions between private individuals who reside in the same state, absent state law to the contrary. And while it is true that some sales of firearms are legally conducted at gun shows – as well as many other locations – between private individuals, it is not true that such transactions are completely unregulated. For example, in Indiana it is illegal for any person to sell a gun to someone the seller has reason to believe is a felon, mentally incompetent, intoxicated, an alcohol abuser, a drug abuser or underage.

In addition, it is illegal for anyone “engaged in the business” of selling firearms to do so without having a Federal Firearms License and without performing background checks, whether at a gun show or anywhere else. Federal law already defines the term “engaged in the business” of selling firearms as “a person 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.” That definition excludes a private individual “who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.”

Nothing that Obama or the Bureau of Alcohol, Tobacco, Firearms & Explosives did on Tuesday changes federal law as to who is – and who is not – “engaged in the business” of selling firearms.’ In fact, Obama did not even issue a true executive order on these issues. The Bureau of Alcohol Tobacco, Firearms & Explosives simply issued a guidance document that explains how the agency interprets and intends to enforce existing law. That document does not in any way “expand background checks” or otherwise change the law with respect to how guns can and cannot be legally sold at gun shows, over the Internet or anywhere else. It simply discourages people from illegally “engaging in the business” of selling firearms without first obtaining a FFL and performing background checks on prospective purchasers in order to avoid prosecution under existing law (and to avoid a potential penalty of five years in jail and a $250,000 fine).

Ironically, this means that the Obama administration did not actually implement new gun control measures to restrict the so-called “gun show loophole” or to limit Internet gun sales – the president simply announced his instruction to federal agencies to vigorously enforce existing laws, something gun rights activists have been calling on him to do for years.

Source: http://www.indystar.com/story/opinion/2016/01/07/obamas-rhetoric-match-reality-gun-laws/78407562/

#NaplesGunSchool  #NaplesPI  #2A  #2nd Amendment  #Obama  #guns  #Executive Order

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Naples Gun School - 5 stars I am an attorney from New York and currently residing in Florida. I have no experience with guns and never thought of owning one. Nevertheless, I wanted to understand gun culture and gun issues in Florida especially now that I am a permanent Florida resident. David Rich's class was extremely informative and David clearly demonstrated not only his knowledge of guns and gun safety but more importantly for me, he provided the legal framework and ramifications and responsibilities of gun use and ownership. Overall, the class was thoroughly worthwhile and enjoyable. Dean Fong

  Nahun YCaridad Flores recommends Naples Gun Shop & School. I attended class last Saturday. It was a wonderful experience. I definitely recommend.

Naples Gun School - 5 stars Great class. Made the class interesting. Instructor was extremely helpful and made my wife and I very comfortable. Antonio Santos

Naples Gun School - 5 stars Love this place. Dave treated me like a V.I.P. He's a cool guy. He takes time teaching you throughout the course. This is the place to buy firearms, supplies and for class. A++++ Anthony Rojas

Naples Gun School - 5 stars Great class!! There was a lot more hands on instruction than the class that I had in Tennessee. David was knowledgeable and entertaining. Good insights on Florida law. My wife will be taking the class shortly. Thanks David. Kevin 9/15/2018

  I thoroughly enjoyed the concealed weapons class on 8/11/18. The class went beyond my expectations. Dave you are an awesome instructor and made the class fun. I would highly recommend Naples Gun Shopping and School! Thanks for sharing your knowledge! - Teresa Cannon

David is an excellent instructor. The class is excellent and exceeded my expectations with information on the laws of Florida, and as well to carry properly, load the weapons as well as placement of holding weapons. If your looking to buy a weapon he is the man to go to. I personally bought my firearm from. - Carlos Casiano

Naples Gun School - 5 stars  Martha Hohenthaner

Naples Gun School - 5 stars  This was a very good class. I did not have to take it, as I am a Veteran, however it is a good idea. I learned a lot about Florida Law I did not know. It will in the long run help keep you out of trouble. David was very patient with my wife when we live fired, because she has arthritis and had a hard time pulling the trigger in double action mode. Good Job David thanks so much..Joseph Hohenthaner

Naples Gun School - 5 stars  The class was engaging and as fast paced as it can be. The instructor was knowledgeable and worked well with a class spanning all the levels of experience and age you can imagine. I also felt it was fairly priced, especially as you just had to bring yourself and an ID - all other supplies were, er, supplied.Cliff Elam 

Naples Gun School - 5 stars  Naples Gun Shop & School gets an A+ in my book! David and Ginny were great. I took the CWP class today 7/21/18. Both are extremely knowledgeable and easy to talk to. David is one of the best instructors that I have had the pleasure of meeting. I highly recommend Naples Gun Shop & School. Best prices, Great training, and easy to deal with. I will definitely be returning to do further business. Thank you David & Ginny....see you soon!Nicholas Lupo

Naples Gun School - 5 stars  I've been a repeat customer for FFL transfers with Naples Gun School for quite some time. Dave's customer service and knowledge are second to none. After speaking with Dave for a few moments, you start to feel as if you have known him for quite a while. I look forward to continuing my business when the new location opens. - Robert Boyette

I really enjoyed the class yesterday, and it was very nice to meet David and Ginny. David is very knowledgeable, helpful, and best of all: has a sense of humor. I was more nervous than I thought I would be because this was the first time in my life that I've ever shot a semi-automatic weapon. David lives and breathes this stuff and his presence and ease with weapons was very calming for me when I was at the range. Ginny was also very supportive throughout the whole class. Thank you guys so much! It's a pleasure and I will be back to purchase supplies from you! - Shenandoah Webb

Naples Gun School - 5 starsTook the 3/31/18 class and loved it! Dave was very informative and his laid back teaching style made the 4 hour class fly by. Would recommend this class to anyone interested in a CWP. Thanks Dave and Ginny! - Kelly Gardner

Naples Gun School - 5 stars I’d like to thank The Naples Gun School for the time and effort they took in order to help me become a more responsible hand gun owner. By taking your CCWP class on 3.31.2018, I’m honestly a better person today than I was yesterday. Your course is not only interesting, but informative as well. The time we had together flew by. Throughout the whole process, they were calm and patient with every student. Especially after everyone seemed to drop their cartridges on the floor during the revolver training portion of the program. I highly recommend Naples Gun School to anyone that’s interested in becoming a CCWP holder. And I definitely will use their services by purchasing all my gun needs through their establishment. David & Ginny, thank you so much. I had a wonderful time!Chris Shaffer

Naples Gun School - 5 stars This class kept me very interested, informed and didn’t even realize 4 hours went by! Would recommend everyone to take this class! - Douglas Shaffer

Naples Gun School - 5 stars - Lurybella Lora Trejo


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