Breitbart News previously reported that Obama’s executive expansion of background checks to cover more private sales has no minimum sales threshold that a private seller has to hit before he is considered “engaged in the business of dealing in firearms.” Therefore, the point at which a private seller must get a Federal Firearms License (FFL) and do a background check on every gun he sells is unclear at best.
In fact, the ambiguity in the language of the background check expansion is so pronounced that it appears to be there on purpose. And that scares law-abiding Americans out their wits. He puts grandma and grandpa in a position where they are afraid to follow through on their plan to sell their .38 Special revolver and use the money to buy a newer handgun for self-defense.
What if law enforcement wants to talk to them about not having an FFL after they sell the .38 Special?
This ambiguity came up during the January 7 CNN gun control town hall and host Anderson Cooper tried to get President Obama to clarify when a private seller is considered to have crossed the line into actually being considered a firearms dealer. Cooper said, “But you’re only going to be asking people to get a license and do background checks if they give out business cards, selling guns that are in the original packaging. Somebody just walking around the gun show selling a weapon is not necessarily going to have to register.”
But Obama refused to clarify the ambiguity. Instead, he said, “Look, there is going to be a case by case evaluation. Are they on an ongoing basis, making a profit, and are they repeatedly selling firearms?”
So that’s it. Through executive fiat Obama is expanding background checks to cover private gun sellers whom he believes should actually be considered “engaged in the business of dealing in firearms.” But he is not going to tell you how to know when you cross the line from being the one and enter into the sphere of needing a license to be the other.
Follow AWR Hawkins on Twitter: @AWRHawkins. Reach him directly at email@example.com.