Biden issues new EO r/t definition of a dealer, + increased background check details

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M-Quigley
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Location: Western Ohio

Biden issues new EO r/t definition of a dealer, + increased background check details

Post by M-Quigley »

Biden admitted he can't get universal background checks through Congress so he wants "to get as close as possible".

https://www.bbc.com/news/world-us-canada-64939930
US President Joe Biden is set to issue an executive order that aims to increase the number of background checks conducted before firearm sales.

It aims to move the US "as close to universal background checks as possible without additional legislation".

The Democratic president will sign the measure during a visit Tuesday to Monterey Park, California, where a gunman killed 11 people in January.

Action on gun control appears unlikely in a divided Washington.

Last year, Mr Biden signed a cross-party gun violence reduction measure into law and he has repeatedly asked Congress to do more about what he calls an "epidemic".

But his call for an assault weapons ban, universal background checks on gun sales and repealing gun manufacturers' immunity from prosecution are unlikely to make headway while Republicans control the US House of Representatives.
Separately, the measure asks the Federal Trade Commission to issue a report on how gun manufacturers target civilians, especially minors.

It also aims to reduce the theft or loss of firearms during shipment between dealers, and mandate better reporting of ballistics data so law enforcement can match shell casings to the guns from which they were fired.
Reaction to the executive order was largely positive on Tuesday. The Everytown gun control coalition wrote it "would improve community safety, hold the gun industry and rogue gun dealers in our communities accountable, and save lives", while the Moms Demand Action grassroots group added that it will "double down on the progress made" in last year's bill.
Bearable
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Re: Biden issues new EO r/t definition of a dealer, + increased background check details

Post by Bearable »

M-Quigley wrote: Tue Mar 14, 2023 10:44 am
Separately, the measure asks the Federal Trade Commission to issue a report on how gun manufacturers target civilians, especially minors.
From my 1961 Boy Scout Handbook. They were targeting minors back then.
Boy Scout 1961 Marlin.pdf
(46.37 KiB) Downloaded 52 times
Bearable
Posts: 124
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Location: South of I-70

Re: Biden issues new EO r/t definition of a dealer, + increased background check details

Post by Bearable »

https://dailycaller.com/2023/03/15/repu ... nd-checks/
"Biden directed Attorney General Merrick Garland expand background checks Tuesday after Republicans added language to the BSCA that revised the definition of who is “engaged in the business” of dealing firearms, according to Second Amendment advocate Gun Owners Of America (GOA)."

No it did not.

"Before the BSCA, the definition of someone who “engaged in the business” of dealing in firearms was limited to wholesalers, retailers, firearm repair and pawnbrokers. The definition, in place for 53 years, was used to regulate commercial gun sales and not law-abiding private transfers and sales of firearms, according to GOA."

And it still is.

18 USC 921(a)(11)(A) "The term “dealer” means (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter."

This part has never been changed by the BSCA.

The BSCA changed 18 USC 921(a)(21)(C) to this: "as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms, 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;"

The BSCA change was "Section 921(a) of title 18, United States Code, is amended—
(1) in paragraph (21)(C), by striking ‘‘with the principal objective of livelihood and profit’’ and inserting ‘‘to predominantly earn a profit’’;"

A distinction without a difference. 18 USC 921(a)(21)(C) "as applied to a dealer in firearms, as defined in section 921(a)(11)(A)..." It refers back to the definition of Dealer which was NOT changed.

Here is the Public Law:
https://www.govinfo.gov/content/pkg/PLA ... ubl159.pdf
Go to SEC. 12002. DEFINING ‘‘ENGAGED IN THE BUSINESS’’.

Tell me where I am wrong.
M-Quigley
Posts: 4788
Joined: Wed Jun 24, 2015 10:06 pm
Location: Western Ohio

Re: Biden issues new EO r/t definition of a dealer, + increased background check details

Post by M-Quigley »

Bearable wrote: Fri Mar 17, 2023 11:25 am
M-Quigley wrote: Tue Mar 14, 2023 10:44 am
Separately, the measure asks the Federal Trade Commission to issue a report on how gun manufacturers target civilians, especially minors.
From my 1961 Boy Scout Handbook. They were targeting minors back then.
Boy Scout 1961 Marlin.pdf
That's the same type of rifle I got to use at Boy Scout camp. That brings back memories. :) I don't recall hearing a lot of stories of kids intentionally shooting other kids or adults either, as opposed to today.

Apparently there are some who don't like the NRA's relationship with the BS and firearms training, and specifically mention ads from the firearms industry as a reason?

https://www.usatoday.com/story/opinion/ ... 578027002/
Bearable
Posts: 124
Joined: Fri Dec 21, 2018 9:32 pm
Location: South of I-70

Re: Biden issues new EO r/t definition of a dealer, + increased background check details

Post by Bearable »

Here is an example of BS we have to put-up with in our own gun community. This guy holds himself out as the "Armed Scholar." He is discussing Bidens Executive Order.
https://www.youtube.com/watch?v=uUMeoXpQRYE

Go to the 2:10 minute mark. He tries to sell you a pig in a poke by saying: changing the definition of "making a profit" to "predominantly earn a profit" miraculously now no longer applies to just "dealers," it applies anyone making a profit. As I pointed out above, Not true.

So, who is this guy actually working for? The other side?

18 USC 921(a)(21)(C) "as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms, 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;"

(11)The term “dealer” means (A) any person engaged in the business of selling firearms at wholesale or retail,

That definition was never changed.
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