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runco

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Everything posted by runco

  1. Yea clerical issue of some type, but if not, wow!  I wonder if a ATF investigation will be created to investigate.  Would like to know the conclusion.
  2. Not my forum either and I do appreciate greatly the ability to read and post here, and my words about this specific subject are meant for the good to protect people from risk.  Plus I shouldn't have a dog in this race because I am not even a benefactor, and this reason is  because after being a former FFL for a number of years and knowing "what can happen" with a transaction, I made a conscious decision 20 years ago that I do not sell or trade in guns.  Now with that said, I may be eccentric when it comes to the risk and liability of trading and selling in guns, so take my suggestion for what it is worth.  And I 100% agree with you nothing has changed about the legality of selling firearms post EO, however, undoubtedly the risk of enforcement  which has always been there  will likely be increased, and it wouldn't surprise me that some will be made examples of.   Now will they pick on a TGO'er, not so sure, but if big brother did use trolling software and could detect User XYZ has made 100 transactions within a defined time period that appears to be repetitive, then by definition this is who they are looking for.  Even if the prosecuted did win the case, the stress and legal cost would be enormous.  Just don't help big brother with data, that is my only point. 
  3. Maybe overkill, but maybe not.  I agree why penalize anyone, but today's environment is different than just a few days ago.    If some alternative to keeping a record of transaction performance can be kept / conveyed without revealing quantity or frequency or even the type of product, it may be a good work around.    I don't like it, and I am sure others don't like it, and as the admin. I am sure you don't like it, however the level of privacy between the buyer and seller may need to be increased a notch or two so as to keep big brother from knowing or using the data against us small people.  Overkill, maybe, but watching our backs may be required on down the road. 
  4. Tell the truth, you been shooting hot loads again haven't you!
  5. I suggested this before earlier this week, I would recommend doing away with the positive feedback feature.  We don't want to help the government in anyway. 
  6. About 6 months before the crash of 2008, I believe Ford sold Range Rover or something, and was flushed with cash when the floor fell out from under them, and they were in better shape than GM and Chrysler, that is the only reason.    I am Ford truck guy too, and my 2002 Ford Superduty is the best vehicle I have ever owned period.    However, just remember the truck is assembled in the U.S., but a great majority of the components are not built by Ford or on US soil.  I once read a report not too long ago, the Toyota Tundra and Toyota Camry nor only are assembled in the good ole USA, but also contains the most US made components of any vehicle period. 
  7. Clean ammo is unspent ammo, otherwise dirty.
  8. runco

    TICS and Tax

    No!
  9. I have not traded or sold any in over 20+ years, however I do like to buy from the used market from time to time.  Though to me there is nothing new in the EO about dealers and who needs a FFL, it will scare the uninformed law abiding citizen and make them think twice about selling.  There goes my sources and my deals!
  10. They had just got their FFL and needed inventory?
  11. Fox News is providing a link, and thought it needed its own thread:   https://www.atf.gov/file/100871/download   U. S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives DO I NEED A LICENSE TO BUY AND SELL FIREARMS? Guidance to help you understand when a Federal Firearms License is required under federal law. The guidance set forth herein has no regulatory effect and is not intended to create or confer any rights, privileges, or benefits in any matter, case, or proceeding, see United States v. Caceres, 440 U.S. 741 (1979). DO I NEED A LICENSE TO BUY AND SELL FIREARMS? i Introduction...................................................................................... ii Key Points........................................................................................ 1 Legal Framework............................................................................. 2 Gun Shows, Flea Markets, and Internet Sales.............................. 3 Guidance.......................................................................................... 4 Examples.......................................................................................... 7 Questions & Answers on Getting a Federal Firearms License............................................................ 9 Table of Contents ii DO I NEED A LICENSE TO BUY AND SELL FIREARMS? Introduction The federal Gun Control Act (GCA) requires that persons who are engaged in the business of dealing in firearms be licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal firearms licensees (FFL) are critical partners in promoting public safety because — among other things — they help keep firearms out of the hands of prohibited persons by running background checks on potential firearms purchasers, ensure that crime guns can be traced back to their first retail purchaser by keeping records of transactions, and facilitate safe storage of firearms by providing child safety locks with every transferred handgun and having secure gun storage or safety locks available any place where they sell firearms. A person who willfully engages in the business of dealing in firearms without the required license is subject to criminal prosecution, and can be sentenced to up to five years in prison, fined up to $250,000, or both. Determining whether your firearm-related activities require a license is a fact-specific inquiry that involves application of factors set by federal statute. This guidance is intended to help you determine whether you need to be licensed under federal law. Note that some states have more stringent laws with respect to when a state-issued license is required for selling a firearm. Please consult the laws of the state to ensure compliance. In addition, this guidance focuses on the question whether your firearm-related activities require you to obtain a license. There are other laws and regulations that govern the transfer of firearms—both between unlicensed individuals and from licensed dealers (e.g., unlicensed sellers may only lawfully sell to persons within their own state, and it is unlawful for either licensed or unlicensed sellers to sell firearms to persons they know or have reasonable cause to believe cannot lawfully possess them). All persons who transfer firearms, regardless of whether they are engaged in the business of dealing in firearms, must ensure that any transfers are in compliance with federal, state and local laws. DO I NEED A LICENSE TO BUY AND SELL FIREARMS? 1 Key Points  Federal law requires that persons who are engaged in the business of dealing in firearms be licensed by ATF. The penalty for dealing in firearms without a license is up to five years in prison, a fine up to $250,000, or both.  A person can be engaged in the business of dealing in firearms regardless of the location in which firearm transactions are conducted. For example, a person can be engaged in the business of dealing in firearms even if the person only conducts firearm transactions at gun shows or through the internet .  Determining whether you are “engaged in the business” of dealing in firearms requires looking at the specific facts and circumstances of your activities.  As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed.  Courts have identified several factors relevant to determining on which side of that line your activities may fall, including: whether you represent yourself as a dealer in firearms; whether you are repetitively buying and selling firearms; the circumstances under which you are selling firearms; and whether you are looking to make a profit. Note that while quantity and frequency of sales are relevant indicators, courts have upheld convictions for dealing without a license when as few as two firearms were sold, or when only one or two transactions took place, when other factors were also present. If you have any questions about whether you need a license under federal law, we recommend that you contact your local ATF office (https://www.atf.gov/contact/atf-field-divisions) to evaluate the facts and circumstances of your particular case. 2 DO I NEED A LICENSE TO BUY AND SELL FIREARMS? Legal Framework Who needs a Federal license to deal in firearms? Under federal law, any person who engages in the business of dealing in firearms must be licensed. What does it mean to be “engaged in the business of dealing in firearms”? Under federal law, a person engaged in the business of dealing in firearms is a person 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.” Under federal law, conducting business “with the principal objective of livelihood and profit” means that “the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection.” Consistent with this approach, federal law explicitly exempts persons “who make 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.” Has ATF defined what it means to be “engaged in the business” of dealing in firearms? ATF has published regulatory definitions for the terms “engaged in the business” and “principal objective of livelihood and profit.” ATF’s regulation defining when a person is “engaged in the business” of dealing in firearms is identical to the language of the statute, though in the definition of “dealer,” ATF clarified that the term includes “any person who engages in such business or occupation on a part-time basis.” DO I NEED A LICENSE TO BUY AND SELL FIREARMS? 3 Gun Shows, Flea Markets, and Internet Sales What if I only sell firearms at flea markets, gun shows or over the internet? A person can be engaged in the business of dealing in firearms regardless of the location in which firearm transactions are conducted. A person can be engaged in the business of dealing in firearms even if the person only conducts firearm transactions from a location other than a traditional brick and mortar store. Many licensed gun dealers conduct business at temporary locations such as qualified gun shows or events, and utilize the internet to facilitate firearm transactions. The question under federal law is not where firearm transactions are conducted, but rather is whether — under a totality of the circumstances — the person conducting those transactions is engaged in the business of dealing in firearms. The factors listed below apply to that determination regardless of where the firearm transactions occur. The growth of new communications technologies and e-commerce allows sellers of firearms to advertise to an expansive market at minimal cost, and complete sales with minimal effort. While a collector or hobbyist may use the internet and other communication technology to sell a firearm without a license (provided that they comply with all other federal and state laws and regulations), those engaged in the business of dealing in firearms who utilize the internet or other technologies must obtain a license, just as a traditional dealer whose business is run out of a traditional brick and mortar store. 4 DO I NEED A LICENSE TO BUY AND SELL FIREARMS? A. Overview What activities require a dealer’s license? Federal law does not establish a “bright-line” rule for when a federal firearms license is required. As a result, there is no specific threshold number or frequency of sales, quantity of firearms, or amount of profit or time invested that triggers the licensure requirement. Instead, determining whether you are “engaged in the business” of dealing in firearms requires looking at the specific facts and circumstances of your activities. As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed. In either case, all of your firearms transactions are relevant, regardless of their location; it does not matter if sales are conducted out of your home, at gun shows, flea markets, through the internet, or by other means. B. Factors Identified by Federal Courts Federal courts have identified several factors that can help you determine on what side of that line your activities fall. They include: whether you represent yourself as a dealer in firearms; whether you are repetitively buying and selling firearms; the circumstances under which you are selling firearms; and whether you are looking to make a profit. It is important to note that no single factor is determinative, and that the relative importance of any of the factors will vary depending on the facts and circumstances applicable to the individual seller. Are you representing yourself as a dealer in firearms? Perhaps the clearest indication of whether a person is “engaged in the business” of dealing in firearms can be found in what he or she represents to others. Some factors that may demonstrate that you intend to engage in the business of dealing in firearms include: representing yourself as a source of firearms for customers, taking orders, and offering to buy firearms to immediately resell. Your intent to engage in the business of Guidance As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed. Relevant factors: whether you represent yourself as a dealer in firearms; whether you are repetitively buying and selling firearms; the circumstances under which you are selling firearms; and whether you are looking to make a profit. DO I NEED A LICENSE TO BUY AND SELL FIREARMS? 5 Guidance (continued) dealing in firearms can also be reflected by undertaking activities that are typically associated only with businesses — for example, creating a business entity or trade name for your firearms business, securing State and local business licenses to sell items that may include firearms, purchasing a business insurance policy or rider to cover a firearms inventory, commercial advertising, printing business cards, and accepting credit card payments. Are you repetitively buying and selling firearms? As noted above, there is no specific threshold number of firearms purchased or sold that triggers the licensure requirement. Similarly, there is no “magic number” related to the frequency of transactions that indicates whether a person is “engaged in the business” of dealing in firearms. It is important to note, however, that even a few firearms transactions, when combined with other evidence, can be sufficient to establish that a person is “engaged in the business” of dealing in firearms. For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold, or when only one or two transactions took place. That said, courts have looked at both the quantity of firearms sold, as well as the frequency of sales, as relevant indicators. When combined with other factors, selling large numbers of firearms or engaging in frequent transactions may be highly indicative of business activity.  What are the circumstances under which you are selling firearms? Are you selling shortly after acquiring them? Repeatedly selling the same type of firearm? Or repetitively selling new firearms? In addition to the volume and frequency of firearms transactions, the timing and circumstances surrounding firearm transactions are also significant indicators of whether a person is engaged in the business. Repetitively selling or offering to sell firearms shortly after they are acquired; “restocking” inventory; repetitively acquiring the same type of firearm or a large quantity of the same type of firearm, and then reselling or offering to sell those firearms; and/or repetitively acquiring and reselling or offering to sell firearms in unopened or original packaging (or in new condition), are all factors which individually or combined may indicate a person is engaged in the business. Are you looking to make a profit? As noted above, if you are repetitively buying and selling firearms “with the principal objective of livelihood and profit,” you must be licensed. Because the key is intent or objective, the courts have made clear that a person can be “engaged in the business” of dealing in firearms without actually making a profit. In determining that intent or objective, courts have looked to prices that an unlicensed seller charges for firearms to determine if the principal objective of the seller is livelihood and profit. In some cases, prices reflect appreciation in actual market value resulting from having held a 6 DO I NEED A LICENSE TO BUY AND SELL FIREARMS? Guidance (continued) firearm as part of a collection, or reflect a profit intended to be used to acquire another firearm as part of a collection. As a result, the fact that a transaction results in a profit for the seller is not always determinative. Finally, it is important to note that courts have found that you can buy and sell firearms “with the principal objective of livelihood and profit” even if your firearmrelated activities are not your primary business. In other words, you can still be “engaged in the business of dealing in firearms with the principal objective of livelihood and profit” if you have a full time job, and are buying and selling firearms to supplement your income. ATF regulations specifically note that the term “dealer” includes a person who engages in such a business or occupation on a part-time basis. Does a Curio and Relics Collector’s license (C&R license) allow me to be engaged in the business of dealing in firearms? The C&R license does not allow for the licensee to repetitively buy and sell firearms with the principal motive of making a profit. It does not matter if the firearms being bought and sold are curios or relics, or newer firearms. If a C&R licensee wishes to engage in the business of dealing in firearms, he or she must apply for a different type of license that allows this activity. Do I need a license if I’m an auctioneer and simply auction guns for my customers? If you repeatedly conduct auctions for firearms that are first consigned to you for sale, and you intend to make money from those sales, you need a license. If, however, you simply offer auctioneer services without having the firearms transferred to you (for example, you are hired by the representative of an estate to travel to the location of the estate, assist the estate in conducting an auction, and the firearms remain the property of the estate until transfer to the buyer), you need not be licensed. DO I NEED A LICENSE TO BUY AND SELL FIREARMS? 7 Examples While the determination of whether a person requires a federal firearms license is highly fact-specific, the following examples are provided to show how the factors identified by federal courts apply to common fact patterns. Of course, the existence or absence of other facts not included in the examples may change the conclusion as to whether a person is engaged in the business and therefore must be licensed; hence, these examples are provided solely as general guidance. For the purposes of these examples, assume that the sellers comply with all other relevant federal and state laws and regulations (for example, any unlicensed person makes only lawful sales to persons who reside in the same state). Bob inherits a collection of firearms from his grandfather. He would rather have cash than the firearms, so he posts them all online for sale. He makes no purchases, but over the course of the next year he sells all of the firearms he inherited in a series of different transactions. Bob does not need a license because he is liquidating a personal collection. Joe recently lost his job, and to finance his living expenses he has been buying firearms from friends and reselling them though an internet site. He has successfully sold a few firearms this way, and has several more listed for sale at any one time. Joe must be licensed because he is repetitively buying and selling firearms with the primary objective of profit. Sharon travels to flea markets the first Saturday of every month, buying undervalued goods, including firearms. The last Saturday of every month Sharon rents a booth at the flea market and sells her items at market value for a profit. She hopes to make enough money from these sales to finance a trip to Italy next year. Sharon must get a license because she is repetitively buying and selling firearms with the primary objective of profit. David enjoys hunting and has a large variety of hunting rifles. He likes to have the newest models with the most current features. To pay for his new rifles, a few times a year David sells his older weapons to fellow hunters for a profit. David does not need to be licensed because he is engaging in occasional sales for enhancement of his personal collection. Lynn regularly travels to gun shows around her state, rents space, and sells firearms under a banner stating “liquidating personal collection.” Most of the firearms Lynn offers for sale she purchased from a licensed dealer in the prior weeks. Lynn is retired and hopes to supplement her income with the money she makes on the sales, although she has yet to turn a profit. Lynn must get a license because she is repetitively buying and selling firearms with a primary objective of profit. 8 DO I NEED A LICENSE TO BUY AND SELL FIREARMS? Examples (continued) Scott has been collecting high-end firearms for years. In the six months before his son is about to enter college, Scott sells most of his collection in a series of transactions at gun shows, on the Internet, and to family and friends to provide funds to pay his son’s college expenses. Scott does not have to be licensed, because he is liquidating part of a personal collection. Debby has three handguns at home, and decides that she no longer wants two of them. She posts an advertisement in the local newspaper and sells the two handguns to a local collector. Debby does not need a license because she is not engaging in the repetitive purchase and resale of firearms as a regular course of trade or business. Jessica enjoys shooting sports and frequently goes to shooting ranges and hunting clubs. To make some extra money, she buys firearms from a dealer who is willing to give her a discount, and resells them for a profit to acquaintances from the shooting ranges and hunting clubs. She has done this a few times a month for the last several months, and has been spreading the word that she has a source for other firearms. She passes out business cards with her name, phone number and email. Jessica must get a license because she is repetitively buying and selling of firearms with the primary objective of profit. Doug regularly attends gun shows and rents a table to display firearms for sale. He gets firearms from a variety of sources, carefully logs each purchase into a book, and uses the purchase price to set a sales price that will realize him a net profit. Doug accepts credit card payments and typically sells multiple firearms at each of the gun shows he attends each year. He makes a substantial amount of money annually, and uses this money to live on. Doug must be licensed because he is repetitively buying and selling firearms with the primary objective of profit. DO I NEED A LICENSE TO BUY AND SELL FIREARMS? 9 Questions & Answers On Getting A Federal Firearms License How do I become licensed? The license application (called the ATF Form 7) is straightforward and can be found here: https://www.atf.gov/firearms/apply-license. In addition to the application itself, an applicant for a federal firearms license must also provide to ATF a photograph, fingerprints, and the license application fee, currently set at $200 for the initial three-year period, and $90 for each three-year renewal. What standards does ATF use to determine whether to give me a license? ATF will approve an application for a federal firearms license if the applicant:  Is 21 years of age or older;  Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition;  Has not willfully violated the GCA or its regulations;  Has not willfully failed to disclose material information or willfully made false statements concerning material facts in connection with his application;  Has a premises for conducting business; and  The applicant certifies that:  the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premises is located;  within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business;  the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met;  the applicant has sent or delivered a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license; and  secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees. What obligations will I have once I become licensed? Licensed firearms dealers are subject to certain requirements under federal law, including running background checks on any non-licensed person prior to transferring a firearm (subject to narrow exceptions), keeping firearms transaction records so that crime guns can be traced to their first retail purchaser, and ensuring safety locks are provided with every handgun, and available in any location where firearms are sold. 10 DO I NEED A LICENSE TO BUY AND SELL FIREARMS? Questions & Answers On Getting A Federal Firearms License (continued) Licensees are also prohibited by law from knowingly transferring handguns to persons who do not reside in the State where the licensee’s premises are located, and from knowingly transferring any firearm to underage persons and certain categories of “prohibited persons,” including felons, persons who were involuntarily committed to mental institutions, and illegal aliens. Under federal law, licensees are subject to inspection and are also required to respond to requests for firearms tracing information within 24 hours. This list is not all inclusive; more information about the requirements of having a federal firearms license can be found at www.ATF.gov and by contacting your local ATF Office. A list of local offices can be found at https://www.atf.gov/contact/atf-field-divisions. What if I don’t need to be licensed, but I want to make sure a background check is run on a potential purchaser of my gun? Private, unlicensed sellers can help ensure that potential purchasers are not prohibited from possessing firearms by using a licensed dealer to facilitate the sale and transfer of a firearm. For a small fee, many licensed dealers will facilitate a sale of a firearm between two unlicensed individuals. This service provides both customers and the community assurance that individuals who want to purchase firearms undergo a comprehensive background check which helps to ensure the buyer is not prohibited from possessing a firearm, and can improve the ability of law enforcement to trace firearms if they are later recovered in a connection with a crime. In 2013, ATF published an open letter (https://www.atf.gov/file/56331/download) to licensed dealers educating them on how to facilitate private sales, and published ATF Procedure 2013 – 1 (https://www.atf.gov/file/88181/download), which provides further guidance. The decision to facilitate private sales is wholly voluntary on the part of the licensed dealer. Additional information can be found at www.atf.gov. U. S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives 99 New York Avenue, NE Washington, DC 20226 ATF Publication 5310.2 January 2016
  12. I see nothing new in these EO as any new laws, but merely enforcing current laws.  Looks like the media firestorm to stir up people is worse than the EO!   I broke them down from my perspective: The so called closing the gun show loop law looks like nothing more than enforcing what is already on the books, maybe just tightening down and scrutinizing more who qualifies as in engaged in the business as opposed to someone who trades and sells every now and then with quantity and frequency as leading indicators.  Suggestion:  As to not help the government, I do recommend sites like Gunbroker and maybe even here, I would do away with the tracking of Positive Feedback numbers as this could be used as a indicator of transactions.  Not sure what would replace it, or even if its needed. The NFA trust (which I know very little about) looks like adding background check, which I assume is the same as TICS or the national version.  Requiring states to provide records and work cooperatively might titter on a new law, but may be nothing more than a "please request" vs. "requirement".    The improving of the efficiency of the background check should be a given, not just a memo from the president.  This will likely be where the no fly list people meet up with the can't buy a gun list.  Problem, the no fly list is secret and how does one get on that list is not public. The theft and loss comment, well when I was a FFL, it was a requirement to report such things, I remember I had a couple of thefts and had to report those.  Not sure why this needed a memo as well.  The reminder memo on domestic violence, no problem here, again just a memo.  The reporting of mental health  to the background check system might titter on a new law qualifier, but I admit I know nothing about mental health reporting, but do know that HIPAA cannot be violated without new legislation.  What really concerns me the most with these EO is the Social Security crackdown on grandpas.  Meaning if grandpa cannot run his own affairs, they will take his guns.  A play from VA administration.  To me this is the biggy out of all of these.  The new gun safety research and push, I would recommend going to 60 minutes website and reviewing one of their stories from October/November timeframe.  Though it sounds good, in the end, it could be undermining all existing guns as per the NRA. Example if proven and reliable which is a another problem, the story could be made that only new technology guns should be in the hands of society therefore requiring all guns without the technology to be turned in. 
  13. I think the SS thing can be scary for a lot of grandpas who have guns.  Also, when is a person declared to be engaged in the business of selling guns?  The historical definition, or something new?  They are going to hire more ATF folk to investigate. 
  14. Like what Rod Stewart once said, "some guys have all the luck"!  Nice score!
  15. I see that TGO Facebook posted a link moments ago:   https://www.whitehouse.gov/the-press-office/2016/01/04/fact-sheet-new-executive-actions-reduce-gun-violence-and-make-our     The White House Office of the Press Secretary   January 04, 2016 FACT SHEET: New Executive Actions to Reduce Gun Violence and Make Our Communities Gun violence has taken a heartbreaking toll on too many communities across the country. Over the past decade in America, more than 100,000 people have been killed as a result of gun violence—and millions more have been the victim of assaults, robberies, and other crimes involving a gun. Many of these crimes were committed by people who never should have been able to purchase a gun in the first place. Over the same period, hundreds of thousands of other people in our communities committed suicide with a gun and nearly half a million people suffered other gun injuries. Hundreds of law enforcement officers have been shot to death protecting their communities. And too many children are killed or injured by firearms every year, often by accident. The vast majority of Americans—including the vast majority of gun owners—believe we must take sensible steps to address these horrible tragedies. The President and Vice President are committed to using every tool at the Administration’s disposal to reduce gun violence. Some of the gaps in our country’s gun laws can only be fixed through legislation, which is why the President continues to call on Congress to pass the kind of commonsense gun safety reforms supported by a majority of the American people. And while Congress has repeatedly failed to take action and pass laws that would expand background checks and reduce gun violence, today, building on the significant steps that have already been taken over the past several years, the Administration is announcing a series of commonsense executive actions designed to: 1. Keep guns out of the wrong hands through background checks. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is making clear that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks. ATF is finalizing a rule to require background checks for people trying to buy some of the most dangerous weapons and other items through a trust, corporation, or other legal entity. Attorney General Loretta E. Lynch has sent a letter to States highlighting the importance of receiving complete criminal history. The Federal Bureau of Investigation (FBI) is overhauling the background check system to make it more effective and efficient. The envisioned improvements include processing background checks 24 hours a day, 7 days a week, and improving notification of local authorities when certain prohibited persons unlawfully attempt to buy a gun. The FBI will hire more than 230 additional examiners and other staff to help process these background checks. 2. Make our communities safer from gun violence. The Attorney General convened a call with U.S. Attorneys around the country to direct federal prosecutors to continue to focus on smart and effective enforcement of our gun laws. The President’s FY2017 budget will include funding for 200 new ATF agents and investigators to help enforce our gun laws. ATF has established an Internet Investigation Center to track illegal online firearms trafficking and is dedicating $4 million and additional personnel to enhance the National Integrated Ballistics Information Network. ATF is finalizing a rule to ensure that dealers who ship firearms notify law enforcement if their guns are lost or stolen in transit. The Attorney General issued a memo encouraging every U.S. Attorney’s Office to renew domestic violence outreach efforts. 3. Increase mental health treatment and reporting to the background check system. The Administration is proposing a new $500 million investment to increase access to mental health care. The Social Security Administration has indicated that it will begin the rulemaking process to include information in the background check system about beneficiaries who are prohibited from possessing a firearm for mental health reasons. The Department of Health and Human Services is finalizing a rule to remove unnecessary legal barriers preventing States from reporting relevant information about people prohibited from possessing a gun for specific mental health reasons. 4. Shape the future of gun safety technology. The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology. The President has also directed the departments to review the availability of smart gun technology on a regular basis, and to explore potential ways to further its use and development to more broadly improve gun safety. Congress should support the President’s request for resources for 200 new ATF agents and investigators to help enforce our gun laws, as well as a new $500 million investment to address mental health issues. Because we all must do our part to keep our communities safe, the Administration is also calling on States and local governments to do all they can to keep guns out of the wrong hands and reduce gun violence. It is also calling on private-sector leaders to follow the lead of other businesses that have taken voluntary steps to make it harder for dangerous individuals to get their hands on a gun. In the coming weeks, the Administration will engage with manufacturers, retailers, and other private-sector leaders to explore what more they can do. New Actions by the Federal Government Keeping Guns Out of the Wrong Hands Through Background Checks The most important thing we can do to prevent gun violence is to make sure those who would commit violent acts cannot get a firearm in the first place. The National Instant Criminal Background Check System (NICS), which was created by Congress to prevent guns from being sold to prohibited individuals, is a critical tool in achieving that goal. According to the Bureau of Justice Statistics, the background check system has prevented more than 2 million guns from getting into the wrong hands. We know that making the system more efficient, and ensuring that it has all appropriate records about prohibited purchasers, will help enhance public safety. Today, the Administration is announcing the following executive actions to ensure that all gun dealers are licensed and run background checks, and to strengthen the background check system itself: Clarify that it doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks. Background checks have been shown to keep guns out of the wrong hands, but too many gun sales—particularly online and at gun shows—occur without basic background checks. Today, the Administration took action to ensure that anyone who is “engaged in the business” of selling firearms is licensed and conducts background checks on their customers. Consistent with court rulings on this issue, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has clarified the following principles: A person can be engaged in the business of dealing in firearms regardless of the location in which firearm transactions are conducted. For example, a person can be engaged in the business of dealing in firearms even if the person only conducts firearm transactions at gun shows or through the Internet. Those engaged in the business of dealing in firearms who utilize the Internet or other technologies must obtain a license, just as a dealer whose business is run out of a traditional brick-and-mortar store. Quantity and frequency of sales are relevant indicators. There is no specific threshold number of firearms purchased or sold that triggers the licensure requirement. But it is important to note that even a few transactions, when combined with other evidence, can be sufficient to establish that a person is “engaged in the business.” For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold or when only one or two transactions took place, when other factors also were present. There are criminal penalties for failing to comply with these requirements. A person who willfully engages in the business of dealing in firearms without the required license is subject to criminal prosecution and can be sentenced up to five years in prison and fined up to $250,000. Dealers are also subject to penalties for failing to conduct background checks before completing a sale. Require background checks for people trying to buy some of the most dangerous weapons and other items through a trust or corporation. The National Firearms Act imposes restrictions on sales of some of the most dangerous weapons, such as machine guns and sawed-off shotguns. But because of outdated regulations, individuals have been able to avoid the background check requirement by applying to acquire these firearms and other items through trusts, corporations, and other legal entities. In fact, the number of these applications has increased significantly over the years—from fewer than 900 applications in the year 2000 to more than 90,000 applications in 2014. ATF is finalizing a rule that makes clear that people will no longer be able to avoid background checks by buying NFA guns and other items through a trust or corporation. Ensure States are providing records to the background check system, and work cooperatively with jurisdictions to improve reporting. Congress has prohibited specific categories of people from buying guns—from convicted felons to users of illegal drugs to individuals convicted of misdemeanor crimes of domestic violence. In the wake of the shootings at Virginia Tech in 2007, Congress also created incentives for States to make as many relevant records as possible accessible to NICS. Over the past three years, States have increased the number of records they make accessible by nearly 70 percent. To further encourage this reporting, the Attorney General has written a letter to States highlighting the importance of receiving complete criminal history records and criminal dispositions, information on persons disqualified for mental health reasons, and qualifying crimes of domestic violence. The Administration will begin a new dialogue with States to ensure the background check system is as robust as possible, which is a public safety imperative. Make the background check system more efficient and effective. In 2015, NICS received more than 22.2 million background check requests, an average of more than 63,000 per day. By law, a gun dealer can complete a sale to a customer if the background check comes back clean or has taken more than three days to complete. But features of the current system, which was built in the 1990s, are outdated. The Federal Bureau of Investigation (FBI) will take the following steps to ensure NICS operates more efficiently and effectively to keep guns out of the wrong hands: FBI will hire more than 230 additional NICS examiners and other staff members to assist with processing mandatory background checks. This new hiring will begin immediately and increase the existing workforce by 50 percent. This will reduce the strain on the NICS system and improve its ability to identify dangerous people who are prohibited from buying a gun before the transfer of a firearm is completed. FBI has partnered with the U.S. Digital Service (USDS) to modernize NICS. Although NICS has been routinely upgraded since its launch in 1998, the FBI is committed to making the system more efficient and effective, so that as many background checks as possible are fully processed within the three-day period before a dealer can legally sell a gun even if a background check is not complete. The improvements envisioned by FBI and USDS include processing background checks 24 hours a day, 7 days a week to improve overall response time and improving notification of local authorities when certain prohibited persons unlawfully attempt to purchase a firearm. Making Our Communities Safer from Gun Violence In order to improve public safety, we need to do more to ensure smart and effective enforcement of our gun laws and make sure that criminals and other prohibited persons cannot get their hands on lost or stolen weapons. The Administration is therefore taking the following actions: Ensure smart and effective enforcement of our gun laws. In a call earlier today, the Attorney General discussed the importance of today’s announcements and directed the Nation’s 93 U.S. Attorneys across the country to continue to focus their resources—as they have for the past several years under the Department’s Smart on Crime initiative—on the most impactful cases, including those targeting violent offenders, illegal firearms traffickers, and dangerous individuals who bypass the background check system to acquire weapons illegally. During the call, the Attorney General also emphasized ongoing initiatives to assist communities in combating violent crime, including ATF’s efforts to target the “worst of the worst” gun crimes. These efforts will also complement the following actions announced today: The President’s budget for FY2017 will include funding for 200 new ATF agents and investigators who can help enforce our gun laws, including the measures announced today. Strategic and impactful enforcement will help take violent criminals off the street, deter other unlawful activity, and prevent guns from getting into the wrong hands ATF is dedicating $4 million and additional personnel to enhance the National Integrated Ballistics Information Network (NIBIN). The NIBIN database includes ballistic evidence that can be used by analysts and investigators to link violent crimes across jurisdictions and to track down shooters who prey on our communities. In February 2016, ATF is standing up the National NIBIN Correlation and Training Center—which will ultimately provide NIBIN matching services at one national location, rather than requiring local police departments to do that work themselves. The Center will provide consistent and capable correlation services, making connections between ballistic crime scene evidence and crime guns locally, regionally, and nationally. These enhancements will support ATF’s crime gun intelligence and enforcement efforts, particularly in communities most affected by violent crime. ATF has established an Internet Investigations Center (IIC) staffed with federal agents, legal counsel, and investigators to track illegal online firearms trafficking and to provide actionable intelligence to agents in the field. The IIC has already identified a number of significant traffickers operating over the Internet. This work has led to prosecutions against individuals or groups using the “dark net” to traffic guns to criminals or attempting to buy firearms illegally online. Ensure that dealers notify law enforcement about the theft or loss of their guns. Under current law, federal firearms dealers and other licensees must report when a gun from their inventory has been lost or stolen. The regulations are ambiguous, however, about who has this responsibility when a gun is lost or stolen in transit. Many lost and stolen guns end up being used in crimes. Over the past five years, an average of 1,333 guns recovered in criminal investigations each year were traced back to a licensee that claimed it never received the gun even though it was never reported lost or stolen either. Today, ATF issued a final rule clarifying that the licensee shipping a gun is responsible for notifying law enforcement upon discovery that it was lost or stolen in transit. Issue a memo directing every U.S. Attorney’s Office to renew domestic violence outreach efforts. In the event of an emergency, victims of domestic violence should call 911 or otherwise contact state or local law enforcement officials, who have a broader range of options for responding to these crimes. To provide an additional resource for state, local, and tribal law enforcement and community groups focused on domestic violence, the Attorney General is issuing a memo directing U.S. Attorney’s Offices around the country to engage in renewed efforts to coordinate with these groups to help combat domestic violence and to prevent prohibited persons from obtaining firearms. Increase Mental Health Treatment and Reporting to the Background Check System The Administration is committed to improving care for Americans experiencing mental health issues. In the last seven years, our country has made extraordinary progress in expanding mental health coverage for millions of Americans. This includes the Affordable Care Act’s end to insurance company discrimination based on pre-existing conditions, required coverage of mental health and substance use disorder services in the individual and small group markets, and an expansion of mental health and substance use disorder parity policies, all of which are estimated to help more than 60 million Americans. About 13.5 million more Americans have gained Medicaid coverage since October 2013, significantly improving access to mental health care. And thanks to more than $100 million in funding from the Affordable Care Act, community health centers have expanded behavioral health services for nearly 900,000 people nationwide over the past two years. We must continue to remove the stigma around mental illness and its treatment—and make sure that these individuals and their families know they are not alone. While individuals with mental illness are more likely to be victims of violence than perpetrators, incidents of violence continue to highlight a crisis in America’s mental health system. In addition to helping people get the treatment they need, we must make sure we keep guns out of the hands of those who are prohibited by law from having them. Today, the Administration is announcing the following steps to help achieve these goals: Dedicate significant new resources to increase access to mental health care. Despite our recent significant gains, less than half of children and adults with diagnosable mental health problems receive the treatment they need. To address this, the Administration is proposing a new $500 million investment to help engage individuals with serious mental illness in care, improve access to care by increasing service capacity and the behavioral health workforce, and ensure that behavioral health care systems work for everyone. This effort would increase access to mental health services to protect the health of children and communities, prevent suicide, and promote mental health as a top priority. Include information from the Social Security Administration in the background check system about beneficiaries who are prohibited from possessing a firearm. Current law prohibits individuals from buying a gun if, because of a mental health issue, they are either a danger to themselves or others or are unable to manage their own affairs. The Social Security Administration (SSA) has indicated that it will begin the rulemaking process to ensure that appropriate information in its records is reported to NICS. The reporting that SSA, in consultation with the Department of Justice, is expected to require will cover appropriate records of the approximately 75,000 people each year who have a documented mental health issue, receive disability benefits, and are unable to manage those benefits because of their mental impairment, or who have been found by a state or federal court to be legally incompetent. The rulemaking will also provide a mechanism for people to seek relief from the federal prohibition on possessing a firearm for reasons related to mental health. Remove unnecessary legal barriers preventing States from reporting relevant information to the background check system. Although States generally report criminal history information to NICS, many continue to report little information about individuals who are prohibited by Federal law from possessing or receiving a gun for specific mental health reasons. Some State officials raised concerns about whether such reporting would be precluded by the Privacy Rule issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Today, the Department of Health and Human Services issued a final rule expressly permitting certain HIPAA covered entities to provide to the NICS limited demographic and other necessary information about these individuals. Shaping the Future of Gun Safety Technology Tens of thousands of people are injured or killed by firearms every year—in many cases by guns that were sold legally but then stolen, misused, or discharged accidentally. Developing and promoting technology that would help prevent these tragedies is an urgent priority. America has done this in many other areas—from making cars safer to improving the tablets and phones we use every day. We know that researchers and engineers are already exploring ideas for improving gun safety and the tracing of lost or stolen guns. Millions of dollars have already been invested to support research into concepts that range from fingerprint scanners to radio-frequency identification to microstamping technology. As the single largest purchaser of firearms in the country, the Federal Government has a unique opportunity to advance this research and ensure that smart gun technology becomes a reality—and it is possible to do so in a way that makes the public safer and is consistent with the Second Amendment. Today, the President is taking action to further this work in the following way: Issue a Presidential Memorandum directing the Department of Defense, Department of Justice, and Department of Homeland Security to take two important steps to promote smart gun technology. Increase research and development efforts. The Presidential Memorandum directs the departments to conduct or sponsor research into gun safety technology that would reduce the frequency of accidental discharge or unauthorized use of firearms, and improve the tracing of lost or stolen guns. Within 90 days, these agencies must prepare a report outlining a research-and-development strategy designed to expedite the real-world deployment of such technology for use in practice. Promote the use and acquisition of new technology. The Presidential Memorandum also directs the departments to review the availability of smart gun technology on a regular basis, and to explore potential ways to further its use and development to more broadly improve gun safety. In connection with these efforts, the departments will consult with other agencies that acquire firearms and take appropriate steps to consider whether including such technology in specifications for acquisition of firearms would be consistent with operational needs.
  16. Happy 1 Year!  :clap:
  17. I use the search function here, and also I usually can detect a fake write up.  Those are usually written in paragraphs.  When I write a review its two sentences or less.  Those are the ones I read!
  18. ATF, and it can take months to get your FFL.  Once you have it, then run the business in full compliance, and treat your customers as if your next meal depended on it!  Also, if the seller is showing you the past 3 year operating years and sales, don't use that as a gauge, very abnormal years for the gun business.  You probably need to see the books from 2009 through 2011, to get an idea of what to expect.
  19. If accurate, the Knoxville News-Sentinel reported on the Sig P220 for Knoxville maybe 2-3 years ago, wasn't too far off from retail, but nonetheless what I couldn't buy for. 
  20. Never said it was, but I did draw a comparison about people's passion for life though.   ;)
  21. Call out evil doers at anytime and everywhere even if under the guise of state law for animal abuse registry.  Evil is evil!  However, imagine the same passion as illustrated in this thread directed at ending the abuse on human life from inception through life itself, what a better world we would live in.    Like it or not, all human life is sanctified, it should be treated as such.
  22. However, Sig Sauer seems to have large portion, and we all know those are not cheap.  Any other theory?
  23. Agree!  Any theory on why Ruger does not have foothold or even a footprint in LEO? 
  24. There is a reason that 65% of US LEO uses Glock.  Again not bashing Ruger whatsoever!  Maybe the use by LEO is not a adequate measuring stick for everyone, but it is for me when considering EDC, CCW, etc.    Data source Glock 65%  https://us.glock.com/products/sector/law-enforcement
  25. Here is a link, still good until 2/29:   https://membership.nrahq.org/5797/default.aspx?src=a&ek=Y5KJMTRA&gclid=CN3ov72ejMoCFVUlgQodw-sOKg

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