Biden considering changing definition of gun dealer?

[T.O.M.]

An attorney at court today said he heard through sources that Biden is going to do an end-around Congress and issue an EO re-interpreting the term "firearms dealer" under federal law as being any person/business that sells "a firearm".  In so doing, it would put background check requirements on anyone selling a firearm, be it as a part of your business, or just me looking to sell a handgun to a buddy.  This would create universal background checks, or make us felons if we sell one of our guns to another person.  Or, it's going to force these private sales to go though a local FFL middle-man, for a small fee, I'm sure.  And, because it's just ATF reinterpreting an existing law, Congressional action isn't required

My Google-fu has turned up nothing.  Anyone with better skills or contacts know anything?

[Nick1911]

Google turns up: https://www.youtube.com/watch?v=bL7U3Uih7aI

[griz]

Under the Clinton administration they went to great lengths to reduce the number of firearms dealers.  Licensed dealers, seems there were too many kitchen table dealers for their tastes.  If you define all sellers as dealers, wouldn't that require them to be licensed?

[T.O.M.]

Griz, I believe it would force someone wanting to sell one gun from their personally owned gun collection to either sell to an FFL dealer, or be a felon.  This would inherently force all purchases to have a NICS check, or be an illegal sale.  Because no one would seek an FFL (or be granted one) for a single firearm sale.

Any opinions on whether USCCA is a reliable source?  Knowing the attorney at work, I'm certain this is where he got his info.

[dogmush]

That's  the EO he announced last week.  The fact sheet on it says, in part:

The President will continue to call on Congress to pass universal background check legislation. In the meantime, he is directing the Attorney General to do everything he can to ensure that firearms sellers who do not realize they are required to run background checks under existing law, or who are willfully violating existing law, become compliant with background check requirements. Specifically, the President is directing the Attorney General to move the U.S. as close to universal background checks as possible without additional legislation by clarifying, as appropriate, the statutory definition of who is “engaged in the business” of dealing in firearms

I haven't found the actual text of the EO yet, and who knows what the bullshit the AG will come up with but like 80% frames and pistol braces, expect it to get challenged in court. The GCA defines "in the business of selling firearms" as

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;

One might be able to extend that to folks who buy gunshow tables or sell a bunch on gunbroker, but it specifically says selling your personal collection is exempt in the law, so I think your lawyer friend is catastrophising a bit. The EO can't successfully ban private sales without a legislative change, IMHO.

[Jim147]

If my buddy finds it in the bottom of my pond after I sell him a $700 map to the location of my boating accident, I should be all good.

[HankB]

Without enabling legislation, EOs basically apply only to employees of the executive branch. For example, FDR's initial effort to outlaw gold ownership was rebuffed, since he didn't have statutory authority to do so; Congress passed legislation enabling that, and the FDR gold grab took place.

So under current law, any EO trying to make ALL sales into DEALER sales would be null and void on its face. What they might do is try to entrap small time sellers of accessories and such at gun shows - person buys a gun privately at a show, later resells the same gun privately at the same or subsequent show, possibly at a profit. Does it a couple of times to government stoolies, and BOOM! Prosecution. (Conviction not required, the process is the punishment.)

[MechAg94]

I could even see Govt stooges witness someone buying a gun then coming around and offering more to get him to resell it. 

[Pb]

The gov will flatly refuse to tell you how many gun you have to sell to become a "dealer" and what is a hobby.