Obama's Coming Unconstitutional Gun Grab
On Monday, President Obama met with Attorney General Loretta Lynch to cook up ways to restrict Second Amendment rights. True to form, Obama is unconcerned with the law, and appears committed to imposing federal restrictions on gun rights no matter what. Two possible options are emerging.
First, by edict Obama may try to use the "no-fly" list as a way to prevent some Americans from purchasing firearms. Second, Obama may try to stretch the definition of a firearms dealer beyond the existing statutory law, and require federal background checks prior to a purchase.
Both are arbitrary and unconstitutional.
If the no-fly list was ever used to prohibit the exercise of Second Amendment rights, then I wouldn't have been able to purchase a firearm. For a time, I was on the no-fly list. The name "John Christian Adams" satisfied the searching qualifications to land on the terrorist list. Sharing the name of the second president -- and throwing in the word "Christian" for good measure -- apparently tripped some federal trigger.
The no-fly list is a mess, a meaningless glob of false positives. But that's precisely why it would be so attractive to President Obama and his gang of merry progressives working in the federal bureaucracy -- it would spread the bad news around. It would prevent law-abiding citizens who are not jihadists from purchasing firearms. In other words, its a gun controller's dream.
For Obama to even consider using the no-fly list demonstrates he’s more hostile to constitutional freedoms than he is to jihadists on American soil. Instead of worrying about guns, he should be worried about the tens of thousands of foreigners overstaying their visas and crossing illegally through the southern border.
If the safety of Americans were President Obama's real concern, he'd have different priorities.
So expect Obama to do what he does best -- ignore the law and impose a federal edict over an area where the federal government has no statutory power. Expect Obama to require federal background checks on firearms purchases currently exempted by federal law from requiring background checks.
It works like this. Under the current law, if I wanted to sell you one of my firearms, you would give me cash, and I'd give you a gun. I do not need a federal firearms license to sell you my gun because it is my private property and I am not a gun dealer. In fact, Congress specifically exempted me from federal oversight when it defined a federal firearms dealer in 18 U.S.C. §921 (a)(11).
The law very clearly says that you are not a firearms dealer if you 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." The law does not limit the size of a personal collection. For years, foes of the Constitution have sought to change this law. Both Republican- and Democrat-controlled Congresses have failed to amend this safe harbor because the majority of Americans believe in the Second Amendment.
The right to bear arms, as the Supreme Court has made clear, is an individual right that aligns with the moral imperative of self-defense. The evil attacks in Paris and San Bernardino have illustrated for a new generation of Americans the moral imperative of self-defense through firearms ownership.