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What law will a gun dealer be charged with breaking?

If they don't do background checks at gun shows, or whatever it was Obama signed?

They aren't required by law to do it. Obama can't write law. So, in a court, what law will they be charged with breaking if they refuse to do what Obama says?

10 Answers

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  • ?
    Lv 7
    5 years ago

    Federal Regulation: Title 27 CFR Chapter II, Part 478 — Commerce in Firearms and Ammunition

    http://www.ecfr.gov/cgi-bin/text-idx?SID=70394195a...

    Obama did not make the law, and this is not a law. It is a federal regulation. This is an extremely important difference. A regulation is made by the agency responsible (ATF, IRS, EPA, OSHA, etcetera). They do not need to be passed by Congress, but they can carry huge penalties. Perhaps the most famous is that Al Capone went to prison for violating the federal IRS regulations (tax evasion).

    What Obama did was order the ATF to consider anyone who makes money from gun sales to be a dealer, and enforce the regulations cited above. It's a LOT more than just background checks.

  • John
    Lv 6
    5 years ago

    A better question is, what law will a father be breaking if he gifts a gun to his son without a background check? This law is aimed at those type of transactions but is disguised as being meant for gun show dealers.

  • WRG
    Lv 7
    5 years ago

    Actually an FFL holder must always do background checks and have for well over two decades. It doesn't matter if they are selling at a gun store, gun show or anywhere else.

    What he Obama did yesterday is actually just tell the ATF to crack down on people selling guns as a business not having an FFL. Which was also done over a decade ago.

  • 5 years ago

    that's the point... it will take another massive bureaucracy staffed by government workers who cannot be fired and can retire on the taxpayers' dime at age 50 to determine that...

    ...and that bureaucracy will require a massive budget....much of which will go to lawyers....who just happen to be big donors to Obama's party...

    This is nothing new...

    Under Obama's "banking reform" companies that charge interest on past due invoice are now considered "lenders".....and subject to government regulation as such...

    ...the end result? more fees collected by the State...

    ...and to think, there are still kids out there who think that our cries against "big government" means we want to smaller buildings..

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  • Anonymous
    5 years ago

    Each Branch can make laws, it just isn't their PRIMARY role....

    So you are WRONG.....Obama CAN write law.

    He basically wrote the Affordable Care Act......can you tell us when THAT was struck down?

    The penalty for selling a gun without doing a background check already exists, Bungholio....

    Source(s): ALL of your Presidents have "written their own laws".... https://en.wikipedia.org/wiki/List_of_United_State... Well, except Bill Henry Harrison...
  • ?
    Lv 7
    5 years ago

    NONE because congress is going to refuse to fund his mandates he can make all the rules he wants but congress still controls the purse strings that will pay to enforce those rules. Hiring hundreds of new ATF agents costs money so all it takes is Congress to refuse to appropriate the funds and the program dies.

  • 5 years ago

    The law that requires them to do a background check.

  • ?
    Lv 7
    5 years ago

    Aiding Terrorists.

  • LAN
    Lv 7
    5 years ago

    The same laws that they would be prosecuted under if they did the same thing at their shop. Liberals don't seem to be intelligent enough to understand that the "gun show loophole" is mostly myth.

  • 5 years ago

    Depends upon the EO.

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