First Victim of Obama the king Orders

[george]

Well I personally think this is BS and going to get worse. As time goes the amount of firearms sold will likely become fewer and fewer until 2 - 3 is chargeable.
So a C&R and following ATF rules mean NOTHING!!!!!!!!!
OH, WHERE DID IT SAY THE EXECUTIVE ORDERS ARE RETRO ACTIVE TO THE DINOSAUR AGES. jest saying.

Wauwatosa man under investigation for illegal gun sales

http://www.pagunblog.com/2016/01/25/first-victim-of-obamas-executive-orders/
http://www.jsonline.com/news/crime/wauwatosa-man-under-investigation-for-illegal-gun-sales-b99656908z1-366433831.html

[usnret]

This guy has probably had the eyes of the ATF on him for quite a while. He has an awful lot of transactions, and it really does seem like he is in the business. Therefore he should have had a license.

[xd ED]

Not my hill to die on:

... The guns, primarily used firearms, were purchased from 13 Gander Mountain stores across Wisconsin and sold through the website Gunbroker, according to a search warrant unsealed in federal court in Milwaukee last week.

The suspect, who is 60, recruited Gander Mountain employees to watch for used firearms and call him when they came into the store, according to the affidavit. He paid the employees a kickback for the referrals, it said....The ATF agents found he had 487 transactions for guns and accessories through a website called Gunbroker.

The site is an online auction for gun sales. It is unclear from the search warrant if there were background checks performed on the sales made. Gunbroker directs buyers to use a federal firearms license holder to broker the sale, adding, "For most firearms, the buyer must be able to pass a background check."

According to the search warrant, ATF agents found several circumstances where the suspect sold guns through Gunbroker, making a profit from $69 to $380 per gun. Records from Gander Mountain and Gunbroker show the suspect sold four guns in a one-week period in December 2014, earning $673 in profits....

You can argue the morality of existing law, for whatever that's worth; that the letter and spirit has been violated, well not so much

The guy's average is one gun a week for 12 years.

I'm guessing he pissed off enough people at GM...

A Gander Mountain store manager said the suspect has been using a $25-off-for-every-$100-spent coupon for eight years.

The coupon mistakenly was printed without an expiration date and can be used repeatedly, the manager said. It's unclear why the store allows the coupon to be used over and over.

Now would be a good time for the guy to step up and show off his gun collection, as well as the depth and breadth of firearms' knowledge.
Even if these were all C&R firearms, holding a C&R is as irrelevant as having a driver's license, as a C&R is for the convenience of collecting, not buying and selling.
Neither of the linked articles says anything that defends this guy as a hobbyist.
From everything thus reported, this is the reason for the new EOs, not the result of them.

[goett047]

He definitely should have had a license. He was clearly in the business. This is not a "victim of Obama." This a guy breaking the law as it existed, to my knowledge, pre Obama.

[striped1]

seems he either needed a license or needed to go through a dealer for all of his sales.

[striped1]

seems he either needed a license or needed to go through a dealer for all of his sales.

[Hmac]

Records obtained by the ATF show the suspect has bought 531 guns from Gander Mountain from 2003 to 2015, spending nearly $170,000 on the guns; 513 of the guns were used. Some 428 of the guns were purchased from 2010 to early 2015, records show.

ReThe ATF agents found he had 487 transactions for guns and accessories through a website called Gunbroker.

According to the search warrant, ATF agents found several circumstances where the suspect sold guns through Gunbroker, making a profit from $69 to $380 per gun.

Yeah, this guy is "in the business" of selling firearms without an FFL. Sounds like a good impending bust to me. We are all victims of Obama, but this guy no more than the rest of us.

[Tanfoglio]

The guy's average is one gun a week for 12 years.
...snip...
Neither of the linked articles says anything that defends this guy as a hobbyist.

Additionally, if you read the passage "Some 428 of the guns were purchased from 2010 to early 2015, records show." thats what, 48 months? lets make it 54 so it covers half of 2015. That's more like eight guns a month, or two a week, depending on how you look at it.

From everything thus reported, this is the reason for the new EOs, not the result of them.

^this.

We may not like the laws as written (I certainly question the whole FFL scheme), but the law is the law as written. I don't think you could find a reasonable person who would argue two guns a week over a four year span isn't "in the business". trying to rally around this example is a fools errand at best.

[xd9]

With the prices GM charges, how did he ever make a profit?

[Ironbear]

With the prices GM charges, how did he ever make a profit?

Based on one of the articles, he bought mostly used guns, he had contacts in GM that notified him when used guns came in (Likely ones that were good deals and he paid them "finders fees". The article didn't say but I wonder if prices could have been "adjusted" for him too?), and he used an undated "$25 off per $100 spent" coupon for 8 years!

Almost sounds like GM (the staff anyway) kinda knew what was going on, and greased the skids a bit...

[Ghost]

With the prices GM charges, how did he ever make a profit?

Based on one of the articles, he bought mostly used guns, he had contacts in GM that notified him when used guns came in (Likely ones that were good deals and he paid them "finders fees". The article didn't say but I wonder if prices could have been "adjusted" for him too?), and he used an undated "$25 off per $100 spent" coupon for 8 years!

Almost sounds like GM (the staff anyway) kinda knew what was going on, and greased the skids a bit...

Need to find me a coupon like his...

[INOR]

Wondering if the GM employees were giving him direct referrals? ie - just referring customers directly to him when they weren't interested in the offers that GM was making for their used firearms. He could probably offer more than what GM was paying and then turn around and resell for a little profit.

Either way...agree that seems like he was in violation of existing law. Nothing to do with recent EOs.

[Holland&Holland]

So can someone here define what now constitutes being in business? If one sells one gun for a profit does that now make one a dealer? Maybe.

I am not defending this particular guy, but the fact that there is not more outrage at the latest presidential overreach of power really chaps my hide.

[xd ED]

So can someone here define what now constitutes being in business? If one sells one gun for a profit does that now make one a dealer? Maybe.

I am not defending this particular guy, but the fact that there is not more outrage at the latest presidential overreach of power really chaps my hide.

What exactly changed with the adminstartion's most recent falderal?

The reactions seem on par with the significance of any announcements I've seen.

A business operation is whatever the persecution can convince the jury is a business operation.

I'm guessing it includes a certain volume, and frequency of transactions, as well as demonstrating a history of monetary gain from the transfers. A behavior of aggressively promoting sales might be an indicator.
Kinda like what the subject of this thread has done.

[jdege]

This guy has probably had the eyes of the ATF on him for quite a while. He has an awful lot of transactions, and it really does seem like he is in the business. Therefore he should have had a license.

How much do you want to bet that he did have a license, and BATF pulled it, because he didn't have a storefront?