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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 CCW CWP Concealed Weapon Class FFL gun sales

Naples Gun School | 3427 Enterprise Ave, Suite E, Naples, FL 34104 | (239) 285-4011




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


Naples Gun School - 5 stars Used Naples Gun School for a FFL transfer and after talking with David decided to take his CCW class and am glad I did. David is very knowledgeable and his class is small so you receive one on one training in the classroom and the range. I Highly recommend Naples Gun School. You won’t find a better class in Naples. Thank you David for a great experience. - Michael Ferrarelli


Naples Gun School - 5 stars Thorough, energetic, knowledgeable, PATIENT, and even entertaining at times! As an Educator, I know it can be daunting sometimes to teach the same material over and over, but David certainly didn't show it. You can tell how passionate he is about what he does.
I researched multiple options around town in choosing the provider for my CCW class. David & Ginny as a husband & wife team, provided the BEST CUSTOMER SERVICE in answering all of my questions thoroughly and promptly before even signing up. And somehow, Naples Gun School was also able to provide the LOWEST COST in town!
As a female and brand new to guns, David & Ginny made me feel safe, secure, and comfortable. THANK YOU! A+++ -
Jessica Payne


I took the class on 3/10/18 and I was blown away. David and his wife are excellent people and 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 and he equipped me with great knowledge during my time there. I give this class 100 out of 100 and highly recommended. David is a great guy and instructor with many years of experience!! - Cory Duffy


Naples Gun School - 5 stars - Larry Papola


Naples Gun School - 5 stars Awesome class. Great preparation for firearm handling and concealed carry details. - Jeffrey Alty


Naples Gun School - 5 stars Very informative. Was made to feel very comfortable. Had some prior gun knowledge, left with a lot more. I highly recommend anyone thinking about getting their permit go there. - Sara Bunker


Naples Gun School - 5 stars I attended the conceal carry and gun safety training class on Feb 17th, 2018. David was very knowlegable and provided a lot of information that I think should be part of any gun safety or conceal carry training. He was very professional and took the time after the class and before we met at the gun range to answer several questions I had as well as show me a few different gun options they sell. I highly recommend David and Naples gun shop & school for anyone wanting to seriously learn what they need to before purchasing or using a firearm. Thank you, David! - Amanda Daves


Thanks again! Not only was is very informative, but fun as well. So glad we came to y'all for the class. - Sara Bunker


I had a great experience and your class was very informative. Thank you - Robby Bunker


Naples Gun School - 5 stars Great experience, willing to give one on one instruction and very patient for beginners! - Tiffany Baker


Had a great experience at the CCW class. Dave explained the information throughly and made it very easy to understand. I would definitely recommend the class to anyone interested.. -Scott Sioma


Naples Gun School - 5 starsGreat class!!! David really takes his time to show you how to feel Comfortable with the fire arm. - Alonzo Gonzalez


Enjoyed the class very much! It was well taught and all the information was presented professionally and was easy to understand. I was nervous at first but our instructor put our minds at ease. Would definitely recommend! - Tony Aceto


Naples Gun School - 5 starsEnjoyed the class, everything well explained. The David(instructor )explain in a way everybody understand and in a dynamic way. I will recommend it without a doubt. Thanks guys! - Joel Davila


I had an amazing experience in the CCW class that David teaches! This class was so informative and interesting. The way David presented everything made it extremely fun and easy to retain. The size of the class was 12 people, so we all got one on one training and I feel it was the perfect size of class. I learned so many important things that I never would have even thought about without this class. Ginny was also so wonderful, and so supportive when I was nervous. I had so many questions that were answered, and the amount of knowledge Ginny and Davis shared with the class was astounding. I feel very confident now about gun safety and self defense and I would highly recommend this class!! David and Ginny know their stuff!! -Senae Hughes

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