Explore The NRA Universe Of Websites

APPEARS IN News

President's Column | Obama's Latest Edict Could Turn Peaceable Gun Owners Into Felons

Wednesday, February 24, 2016

President's Column | Obama's Latest Edict Could Turn Peaceable Gun Owners Into Felons

The problem with what the president is doing is that he’s not simply posing a danger to the constitutional system. He’s becoming the very danger the Constitution was designed to avoid.”

That definition of Barack Obama’s presidency—made by Georgetown University law professor Jonathan Turley—sums up Obama’s latest gun control by edict that will create whole new classes of felons out of peaceable, law-abiding citizens.

Obama’s January 2016 announcement of his series of unconstitutional executive actions designed to bypass Congress includes setting into motion plans to disarm Social Security recipients who require assistance in managing their financial affairs. It could affect hundreds of thousands of elderly Americans.

But the centerpiece of this power-abuse nightmare is Obama’s scheme—under the guise of expanding background checks—to criminalize transfers of firearms between individuals who do not obtain a federal firearms license.

Obama laid out this attack without any specifics, as details will be written by legions of lawyers and thus may change.

Furthermore, the administration is saying that the “sunshine” strictures of the Administrative Procedures Act, requiring publication and public comment on new or changed regulations, don’t apply to Obama’s edicts, claiming such proclamations are merely “guidance.”

Under the U.S. Constitution, laws can be enacted only by the Congress, but with Obama’s royal hubris, he is altering those statutes wholesale, creating changes that will send innocent people to prison.

In Obama’s world, ordinary citizens transferring firearms under what today are perfectly legal circumstances would be required to obtain a federal firearms license or face federal prosecution. Such a license could open your doors to unannounced federal inspection of your home. The constitutional welcome mat saying “Get a Warrant” will no longer exist if you own guns.

Consider that it is already a federal felony to knowingly transfer a firearm—any firearm, anywhere—to a prohibited person: felon, fugitive from justice, adjudicated lunatic, drug dealer, etc. And equally, it is a felony for such persons to obtain a firearm or possess a firearm. Real criminal commerce in firearms couldn’t be any more illegal than it already is. So this isn’t about crime; it is about instilling fear, intimidating the law-abiding and ending legal commerce.

So what turns an individual gun owner into an illegal “dealer” subject to arrest and prosecution for not obtaining a license. How many gun transfers would turn an ordinary unlicensed person into a felon?

As reported in the Washington Free Beacon, Obama’s Attorney General

Loretta Lynch opined, “It can be as few as one or two depending upon the circumstances under which the person sells the gun.” As for who will be prosecuted, Lynch said, “We will be looking for those individuals who seek to avoid registering.” (Emphasis added.)

An Obama adviser, Valerie Jarrett, took it further: “ATF will make clear that whether you are ‘engaged in the business’ depends on … factors such as: whether you represent yourself as a dealer, such as making business cards or taking credit card statements; whether you sell firearms shortly after they’re acquired; or whether you buy or sell in the original packaging.”

Will a “new” or “in the box” sale define you as an illegal, felonious dealer with nothing more?

In truth, the black letter of the law clearly defines who is engaging in the business as someone who “devotes time, attention and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.” And it exempts “occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby.”

That definition was a hard-fought, carefully constructed reaction to years of ATF and Justice Department abuses against citizens in the past.

For those of us old enough to have been in the bipartisan fight to stop the massive civil liberties excesses of ATF and Justice Department in the 1970s and 1980s—where thousands of innocent gun owners were arrested and prosecuted for “engaging in the business without a license”—we know that with Obama, the past will be the future.

With massive support from gun owners, led by the NRA, Congress enacted the Firearms Owners’ Protection Act of 1986, and it stopped the “engaging in the business without a license” abuses cold.

So here it is, 30 years later, Obama and his axis of gun banners would restart that engine of wrath against ordinary law-abiding Americans. We must stop them in their tracks.

It is imperative that you contact your senators and representatives and tell them to stand and fight to end Obama’s executive decree war on the Second Amendment.

TRENDING NOW
All Flags, No Fix: Michigan’s Real Public Safety Problem

News  

Monday, August 31, 2026

All Flags, No Fix: Michigan’s Real Public Safety Problem

Sorry, Michiganders, but the state has developed a serious problem with crime and consequences.

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

News  

Monday, August 31, 2026

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

The anti-gun programs and policies of the Biden-Harris administration have been falling like dominoes, lately.

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

News  

Monday, August 31, 2026

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

On August 12, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) sent a letter to U.S. House Committee on Science, Space and Technology Chairman Brian Babin (R-Texas) reiterating what gun rights ...

Australia Remains Committed to Eliminating Guns from the Law-Abiding

News  

Monday, August 31, 2026

Australia Remains Committed to Eliminating Guns from the Law-Abiding

It’s been a long time since Australia had relatively sensible gun laws.  While national regulations did not really come into play until the 1990s, the states and territories began imposing severe restrictions on lawful gun owners ...

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

News  

Monday, August 31, 2026

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

Heading into hunting season, America's sportsmen and women have another significant development from the Trump administration worth celebrating.

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

News  

Monday, August 31, 2026

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

FAIRFAX, Va. — The National Rifle Association Institute for Legislative Action (NRA-ILA) todaylaunched its first-ever national bus tour, the 2026 NRA’s Gun Bus Battleground Tour, a more than two month, 13-state campaign to energize and ...

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.