Tag Archives: Preemptively-Prove-Your-Innocence

FFLs For Everyone

Whether you like it or not.

As had been previously announced, Gropin’ Joe Xiden has signed another executive order “on Reducing Gun Violence and Making Our Communities Safer.”. I may be a little late to the game, but I was waiting for the actual order, to see the details.

There’s plenty of objectionable material in there — using the Federal Trade Commission to finds loopholes in the Protection of Lawful Commerce in Arm Act to sue firearm industry, using the DOD’s buying power to pressure the industry, more and harder “red flag” laws, and more — but I’m going to focus on this part.

clarify the definition of who is engaged in the business of dealing in firearms, and thus required to become Federal firearms licensees (FFLs), in order to increase compliance with the Federal background check requirement for firearm sales, including by considering a rulemaking, as appropriate and consistent with applicable law;

On the one hand, you might welcome the ATF finally formalizing one single definition, as opposed to the current method of a dealer is whoever we say it is this time, until we change our minds to screw someone else.

On the other hand, you should take a look at the motivation behind this. Xiden is redefining “dealer”…

with the goal of increasing the number of background checks conducted before firearm sales, moving the U.S. as close to universal background checks as possible without additional legislation.

They can’t pass universal preemptively-prove-your-innocence checks legislatively, so the Groper-In-Chief is once again arrogating the powers of Congress unto himself, and implementing universal PPYI through executive fiat.

On the bright side, when this goes through proposed rule-making, I’ll be able to copy and paste my arguments on that arrogation from TZP’s comments on the redefinition of “firearm.” It’ll save some time.

Since universal rights violation is the goal, who will that make a “dealer”? I expect the answer can be found in failed universal check legislation. Typically, such bills require background checks on virtually all firearm transfers, but exempt exchanges between certain specific family members and temporary loans when the owner is still present (hunting and range time, typically).

If you sell any firearm — just one — to someone who isn’t one of those typical exceptions, I think the ATF is going to call you a dealer. And unless you get your FFL before you make that transfer, they’ll nail you on a felony 18 U.S. Code § 922 (a)(1)(A) violation.

Alternatively, millions of gun owners could apply for FFLs to cover out butts, generating lots of revenue for the feds. But at least we’d overwhelm and likely crash their systems.

 

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When the truth won’t do

I’m working a theme this week.

Robin Brulé, “Member Of Everytown Survivor Network,” wants universal preemptively-prove-your-innocence checks. After all…

My mother is gone; others may be saved
My 75-year-old mother, Ruth, and her friend had been shot and killed. My mother had taken a trip to visit her friend who lived in a retirement community. They were drinking coffee and reading the newspaper when strangers robbed them and took their lives in a single instant.
[…]
the glaring loophole in New Mexico state law that allows criminals, domestic abusers and other dangerous people to obtain guns from unlicensed sellers with no background check, no questions asked. SB 48/HB 50 would close this deadly loophole by requiring a criminal background check for all gun sales.

No honest folks really want violent criminals walking around with guns (although one might also wonder what the violent criminals are doing on the loose in the first place, if they’re known). But Brulé fails to explain how universal PPYI checks would have stopped her mother’s murders. After all…

“Wright had no prior criminal record in Arizona…”
[…]
“Court records show Lauro was arrested on a second-degree burglary charge in 2013. The charge was dismissed in 2014.”

And…

Gothic said both men were subject to standard pre-employment procedures, drug screenings, and E-Verify, “which exceeds legal and industry practices.” The company said they are cooperating fully with law enforcement in the ongoing investigation

So, Brulé, how would your background checks stop a couple of guys, apparently with no disqualifying convictions, from purchasing a firearm? From anyone, including an FFL who has to go through NICS?

Another question: Given that, in Haynes, the Supreme Court has rulled that felons cannot be forced to self-incriminate on firearms charges, how do victim disarmers propose to force disqualified persons to comply with PPYI? Your police state dream law would only apply to honest people. You know, the ones who aren’t the problem.

Third question: Even if SCOTUS suddenly decided to toss the Fifth Amendment, how do you victim-disarming whackos propose to preemptively stop strawman purchases?

When victim-disarming ban bunnies start suggesting laws that don’t infringe on honest people’s right, and do apply to the real criminal predators, I might stop regarding them as liars or idiots. Or both.

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