{"id":933,"date":"2023-03-14T17:59:41","date_gmt":"2023-03-14T17:59:41","guid":{"rendered":"https:\/\/americangunpeople.com\/?p=933"},"modified":"2023-03-14T17:59:41","modified_gmt":"2023-03-14T17:59:41","slug":"backdoor-universal-background-checks-incoming","status":"publish","type":"post","link":"https:\/\/americangunpeople.com\/?p=933","title":{"rendered":"Backdoor Universal Background Checks Incoming"},"content":{"rendered":"


\n<\/p>\n

Despite GOA Warnings, Republicans Helped the Biden Administration Implement Backdoor UBCs<\/span><\/h1>\n

President Biden just announced that he would be mandating backdoor UBCs or \u201cas close to universal background checks as possible without additional legislation.\u201d[i]<\/a> His claimed \u201cauthority\u201d comes from Section 12002 of the Cornyn-Murphy Compromise.[ii]<\/sup><\/a> According to the White House:<\/p>\n

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 \u201cengaged in the business\u201d of dealing in firearms, as updated by the Bipartisan Safer Communities Act.[iii]<\/strong><\/a><\/em><\/p>\n

Unfortunately, Gun Owners of America has been expecting this since the passage of the unconstitutional compromise on gun rights known as Cornyn-Murphy<\/u>, or the Bipartisan Safer Communities Act<\/em>. GOA warned:<\/p>\n

Expanding the definition of FFLs (Federal Firearms Licenses) could require anyone who sells more than one gun to do so through an FFL, resulting in a backdoor mechanism for universal background registration checks\u2014just as the Obama Administration attempted.[iv]<\/strong><\/a><\/em><\/p>\n

Nevertheless, Congress, including 15 Senate GOP, rushed to \u201ccompromise\u201d our gun rights away with hastily-written, secretly-negotiated legislation.[v]<\/a><\/p>\n

Senator Cornyn\u2019s Definition of \u201cEngaged in the Business\u201d Led Directly to Backdoor Universal Background Checks<\/strong><\/p>\n

Prior to Senate Republicans\u2019 compromise, the legal definition of a Federal Firearms License (FFL) Gun Dealer read as follows:[vi]<\/sup><\/a><\/p>\n

The term \u201cdealer\u201d means (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business[vii]<\/strong><\/sup><\/a> of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker.<\/em><\/p>\n

Anyone \u201cengaged in the business\u201d must have a license to deal in firearms, but law-abiding citizen\u2019s private transfers were not included in this 53-year-old definition. The definition of a Federal Firearms License (FFL) was<\/em> a critical boundary between the mandatory background checks performed during commercial gun sales and law-abiding private transfers and sales that take place daily in more than half of the United States. But Cornyn-Murphy added this foolish clarification, which the Biden Administration now proposes to weaponize:<\/p>\n

The term `to predominantly earn a profit’ means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection<\/em><\/p>\n

Not only that, but this asinine definition even \u201cProvided, That proof of profit shall not be required\u201d for a violation\u2014making President Biden\u2019s backdoor Universal Background Check scheme even easier! Expanding the statutory definition of FFLs (Federal Firearms Licenses) allowed the Biden Administration a strong excuse to vastly expand federal regulations and require anyone who sells more than one gun to do so through an FFL, resulting in a backdoor mechanism for universal background registration checks\u2014just as the Obama Administration attempted.[viii]<\/sup><\/a><\/u><\/p>\n

Cornyn-Murphy Mimicked Obama\u2019s Backdoor Universal Background Check Attempt, Which Had a Chilling Effect on Lawful Transfers<\/h2>\n

The gun control compromise language Senator Cornyn negotiated never truly mattered. It was obvious that ANY change to the definition was enough to give Biden the legal impetus to defend backdoor UBCs via an agency rule change in federal court<\/u>, since prior administrations had already weaponized the preexisting definition. In the last days of his Presidency, President Obama issued an executive action[ix]<\/a> to expand the gun \u201cdealer\u201d[x]<\/a> definition to:<\/p>\n