Obama Plans Executive Action To Close Gun Sale Loophole

[ProSense]

Obama Plans Executive Action To Close Gun Sale Loophole

JOSH LEDERMAN

WASHINGTON (AP) — Striving to take action where Congress would not, the Obama administration announced new steps Thursday on gun control, curbing the import of military surplus weapons and proposing to close a little-known loophole that lets felons and others circumvent background checks by registering guns to corporations.

Four months after a gun control drive collapsed spectacularly in the Senate, President Barack Obama added two more executive actions to a list of 23 steps the White House determined Obama could take on his own to reduce gun violence. With the political world focused on Mideast tensions and looming fiscal battles, the move signaled Obama’s intent to show he hasn’t lost sight of a cause he took up after 20 first graders and six adults were gunned down last year in an elementary school in Newtown, Conn.

One new policy will end a government practice that lets military weapons, sold or donated by the U.S. to allies, be reimported into the U.S. by private entities, where some may end up on the streets. The White House said the U.S. has approved 250,000 of those guns to be reimported since 2005; under the new policy, only museums and a few other entities like the government will be eligible to reimport military-grade firearms.

The Obama administration is also proposing a federal rule to stop those who would be ineligible to pass a background check from skirting the law by registering a gun to a corporation or trust. The new rule would require people associated with those entities, like beneficiaries and trustees, to undergo the same type of fingerprint-based background checks as individuals if they want to register guns.

- more -

http://talkingpointsmemo.com/news/obama-close-background-check-loophole.php

FACT SHEET: New Executive Actions to Reduce Gun Violence
http://www.whitehouse.gov/the-press-office/2013/08/29/fact-sheet-new-executive-actions-reduce-gun-violence

[Jenoch]

1. You need to fix your headline.

The 'gun show loophole' by law needs to be addressed by congress. These actions are not about universal background checks. Part of this is about not allowing corporations and trusts being the registered owner of a gun.

[Robb]

2. Perhaps you should read it again.

Where is the word "show"?

[Jenoch]

6. You are correct, my mistake.

However the headline is a bit misleading since the word gun and loophole together first brings to mind gubshow, even though the word show is not there.

I was unaware there was a way for a corporation or trust to register a gun. I wonder how many states allow this because there is no way to register a gun in Minnesota that I am aware of.

[ProSense]

3. It's the original headline. n/t

[oldhippie]

7. Close, but not quite ....

Part of this is about not allowing corporations and trusts being the registered owner of a gun.

No, it about having the trustees and officers of the trusts and corporations have to submit photos, fingerprints, and to background checks for various NFA firearms and other items. They currently don't have to.

I have a Revocable Living Trust to hold certain NFA items. I did not have to submit any photos, prints, or LEO sign-off when I submitted my forms for ATF/NFA approval. In the future, I, and any other trustees, may have to do so. Though I am not sure this rule is going to be implemented.

[Jenoch]

9. Ok, now I get the

part about corporations and trusts. It's about inheriting NFA guns from such entities without a background check.

[oldhippie]

11. That's part of it, but ....

... inheritance is a separate issue with different forms and rules. This particular rule change is to require the trustees of a trust to submit fingerprints and photos for a BATFE background check every time they apply for the stamp (approval) to add or transfer an item to/from the trust. Usually done with an ATF Form 4 or Form 1. Currently the "entity" doesn't undergo the photo/print background check, as the "entity" doesn't have any. I have never had to submit pics or prints when sending in the forms for my Trust. In the future I may have to.

Many people prefer to form a trust or corporation to hold these items to avoid the hassle of photos, prints, and local LEO sign-off. Some local LEOs refuse to sign such forms on general principle, so some people feel forced to the trust/LLC route.

[GreenStormCloud]

4. Fingerprints?

The new rule would require people associated with those entities, like beneficiaries and trustees, to undergo the same type of fingerprint-based background checks as individuals if they want to register guns.

What are they talking about? I have never had to provide fingerprints to buy a gun. Nor is registration of the gun required in most states.

[oldhippie]

8. This rule is for NFA items ......

.... such as machine guns, short barrel rifles and shotguns, silencers, and certain other items controlled under the National Firearms Act.

[dawg]

5. The headline is highly inaccurate.

That shouldn't detract from the content of the article, though. I applaud the President for the proposals he has made. But the thing most people refer to as the "gun show loophole" can't be closed without an act of Congress.

edited to add: oops! my reading comprehension skills are lacking. I read gun show loophole for gun sale loophole.

[msanthrope]

10. Excellent. When Congress will not act, the President should. nt

[otohara]

12. Thank You POTUS

[sheshe2]

13. Thank you Mr President.

[Scurrilous]

14. K & R