Does Obama’s Executive Action on Guns Change the Rules?

Ceremoniously the President issued “Executive Orders” on more gun rules. Does it change anything? No…..and here’s why.

The ATF website which deals with selling firearms and issuing gun dealer licenses has this to say even after the executive orders were signed.

The guidance set forth herein has no regulatory effect and is not intended to create or confer any rights, privileges, or benefits in any matter, case, or proceeding, see United States v. Caceres, 440 U.S. 741 (1979).

As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed

The biggest factor is what the courts consider a dealer…NOT EXECUTIVE ORDERS……

Relevant factors: whether you represent yourself as a dealer in firearms; whether you are repetitively buying and selling firearms; the circumstances under which you are selling firearms; and whether you are looking to make a profit.

You can read the simple 15 page layout by the ATF here. In the link provided at the end, you can also apply to become a licensed firearm dealer.

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