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What Obama Cant Defeat

Discussion in 'Legal & Political Archive' started by KTM530XCW, Jan 4, 2016.

  1. KTM530XCW

    KTM530XCW Vancouver, WA Well-Known Member

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    Current law still keeps burden of proof on ATF, regardless of what his exec order said.

    18 USC 921

    (21) The term “engaged in the business” means—

    (C) as applied to a dealer in firearms, as defined in section 921(a)(11)(A)

    .....but such term shall not include a person 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;

    https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap44-sec921.htm
     
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  2. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    And, it's important to remember that the ATF explicitly notes that 01 FFL licenses are not issued to individuals for their own personal use - you have to establish an actual business. Then you have the requirements such as a place of business, a business license and approval to have the business in the area where you live or have the business. I wonder if he plans to make 01 FFL's to anyone that wants one, lessening the restrictions that keep many individuals from getting one in the first place? While I seriously doubt he would consider such a thing, I wonder if the ATF would be in favor of such a change?

    No, I'm sure he will craft it in such a way as to make sales as difficult as possible for you and me.
     
    Last edited: Jan 5, 2016
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  3. bnsaibum

    bnsaibum Corvallis, OR Well-Known Member 2015 Volunteer

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    Don't forget 18 USC 921(a)(22)
    This is likely what was meant in the White House's press release
     
  4. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    And they shall never take our free......


    Wait.... They did take it.
     
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