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Lee-Lee

(6,324 posts)
36. Usually the first step of the BATFE if they think someone is crossing the line
Tue Jan 5, 2016, 04:27 PM
Jan 2016

Is to knock on the door, say they have seen they sell a lot of guns, and then explain the law and hand them an FFL application packet.

They want people in compliance.

However at the same time in the 90's Congress passed a law stating that a person with an FFL must comply with all laws for a full fledged business- so a home based FFL would not be approved if a person lived in a place where the zoning prohibited a business even of most home based business is allowed. Enforcement of that provision had left a lot of people who like to buy and sell and who would comply with FFL regulations in a catch-22 where they are required to get an FFL but denied one because of an absurd interpretation of zoning laws by the BATFE.

So a scenario end sup like this- Joe is retired and buys and sells a few guns a month at the flea market along with all kinds of other stuff. He knows he needs an FFL, so he applies. The home he lives in is zoned residential and since that is the address of record for his license he gets denied his FFL- even though he had no intent of selling guns from that location. So he just keeps skirting the edge of the law when he would like to be in compliance big is denied the chance.

The start of that zoning law enforcement really drove down the number of FFl's in the 90's and I am sure a lot of them still sold guns now and then- there were consequences of that change to the law that the backers of it probably didn't grasp- and as a result the very bill that put background checks into play pushed more outside the checks.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Can he actually obligate the funding for this without Congress? Recursion Jan 2016 #1
At one point, Obama referred to these as "recommendations" aikoaiko Jan 2016 #2
So when will the police be going door-to-door to take our guns? Buzz Clik Jan 2016 #3
I have no answer for this question. aikoaiko Jan 2016 #4
I think it is more important sarisataka Jan 2016 #12
I agree with your assessments Lee-Lee Jan 2016 #5
I agree. If the CLEO requirement is changed to notification, that's a win. aikoaiko Jan 2016 #7
With regard to the business of selling firearms, MineralMan Jan 2016 #6
A clarification on the definition of business would be helpful, but the President declined aikoaiko Jan 2016 #9
The catch is that my grandfather gave me a shotgun when I turned 9 Recursion Jan 2016 #11
I don't really see family transfers as sales. MineralMan Jan 2016 #15
You couldn't do that without a change to the law Lee-Lee Jan 2016 #13
Lots of folks with "collections" they're buying and selling for MineralMan Jan 2016 #17
If you read the BATFE guidelines released this week Lee-Lee Jan 2016 #20
Well, better enforcement wouldn't require a change in the laws. MineralMan Jan 2016 #22
I posted the newly published guidelines further down Lee-Lee Jan 2016 #25
The BATFE is under the Executive Branch. MineralMan Jan 2016 #28
Usually the first step of the BATFE if they think someone is crossing the line Lee-Lee Jan 2016 #36
Until there is more specificity, this part of Obama's proposal will be challenged... Eleanors38 Jan 2016 #16
In some states, like California, gun sales between private MineralMan Jan 2016 #18
Does current law (fed or CA) not require that the product (gun) be sold by a dealer? Eleanors38 Jan 2016 #31
It has been years since I bought or sold a gun in California. MineralMan Jan 2016 #32
Lee-Lee's #21 link may have uncovered a good "loop hole" in BATF regs... Eleanors38 Jan 2016 #34
I like California's strict rules on firearms transfers. MineralMan Jan 2016 #35
"I'd say you were in the business of selling firearms." The law would disagree dumbcat Jan 2016 #41
Guns are a filthy habit, like smoking. Not cool. hunter Jan 2016 #8
Maybe so, but I do clean my firearms after use. aikoaiko Jan 2016 #10
I've often said that's the cure for kids being interested in guns Recursion Jan 2016 #14
I had my 9-yr old son pack 25 round magazines. He complained about his fingers being sore. aikoaiko Jan 2016 #23
Sounds like an opinion. My opinion is that cross-point screws suck - only use Torx...nt jonno99 Jan 2016 #19
Cross point as in Phillips, or the sort used in cheap assemble-yourself furniture... hunter Jan 2016 #40
Here is the actual BATFE guidance on who is or is not a dealer Lee-Lee Jan 2016 #21
That's nice. Its a January 2016 document. aikoaiko Jan 2016 #24
Okay, what is wrong with opening NICS to the public? Eleanors38 Jan 2016 #26
Opening NICS would be an outstanding improvement. aikoaiko Jan 2016 #29
Lee-Lee's link in #21 (last page of ATF Q&A) says individuals Can access NICS... Eleanors38 Jan 2016 #33
No, individuals can't access NICS Lee-Lee Jan 2016 #37
I see the distinction, and I agree with the app analogy. Eleanors38 Jan 2016 #38
NICS is a woefully outdated 1980's style call center Lee-Lee Jan 2016 #39
1. Which state do you live in? Blue_Tires Jan 2016 #27
Answers aikoaiko Jan 2016 #30
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