Obama Tightens Rules for Gun Dealers — Which Will Do Little Other Than Allow Him to Duck the Real Questions

From Fordham Law Professor Nicholas Johnson, at the Wall Street Journal, "A Glittery Gun-Control Distraction":

On Tuesday President Obama announced that he would take executive action to expand the definition of a “firearms dealer.” The intent is to require more people who sell guns to first obtain a federal license—which obliges them to perform background checks on buyers. Unnoticed is that this action, taken under the banner of “common sense” gun control to make Americans safer, reverses a Clinton administration gun-control policy that also was supposed to make us safer.

The story begins with the 1968 Gun Control Act, which is the foundation of the current federal gun regulation. It requires, among other things, that commercial sellers of firearms obtain a federal firearms license or “FFL.” Regulators in the early 1970s, like the Obama administration today, pressed the gun-control agenda through aggressive interpretations of the 1968 law.

Those prosecutions targeted hobbyists and collectors who sold a few guns at gun shows. One collector who sold three firearms over a period of two years had his gun collection seized and was prosecuted in 1972 for dealing without license. Many prudent and fearful gun owners responded by obtaining federal firearm licenses, even though they did not have storefronts or retail operations.

By the 1990s, the gun control mantra had changed. The claim became that it was a problem to have so many federally licensed gun dealers around, and that “kitchen table gun dealers” constituted a hazard. A claim often heard was that the U.S. had more gun dealers than gas stations. No one explained why the laws and penalties against illegal trading might work differently for “kitchen table dealers,” and there was no empirical support for the idea that these individuals were less trustworthy than the people who ran gun stores. But that did not get in the way.

As a plum to gun-control groups, the Bureau of Alcohol, Tobacco and Firearms under Bill Clinton responded in 1994. The ATF changed the requirements for who could obtain a federal license for the retail sale of firearms (by, for instance, mandating actual storefront operations). The antigun Violence Policy Center celebrated the results in a 2007 policy paper that said the number of licensed dealers “has dropped 79 percent—from 245,628 in 1994 to 50,630.”

Now President Obama proposes moving the furniture around again. The ATF’s new guidance on the matter says that storefronts are irrelevant: “it does not matter if sales are conducted out of your home, at gun shows, flea markets, through the internet, or by other means.” The agency also emphasizes that “courts have upheld convictions for dealing without a license when as few as two firearms were sold.”

We’re coming full circle, back around to the policies of 1972. Prudent hobbyists and collectors, fearing that they might face prosecution under the new, broader definition of a gun dealer, will apply for federal firearms licenses. The impact on gun crime, which is already dramatically down since the 1970s, will be negligible...

Well, of course. None of this is about reducing crime rates and saving lives. If it were we'd be keeping prisoners behind bars and making it easier for everyday citizens to keep and bear arms. It's about pushing the collectivist agenda, which is mired in sick left-wing hypocrisy.

But keep reading.

And don't forget to pick up Dana Loesch's book, Hands Off My Gun: Defeating the Plot to Disarm America.