Another Anti-Small Business Law From The Obama Administration

[9-10ths_Penguin]

Probably not the smartest move with a civilian population already in possession of tons of guns and ammo. Jus' sayin'....

... although an argument could be made that it would be constitutional. The main body of the US Constitution gives Congress the authority to maintain discipline of the militia. If the "the militia" is made up of all citizens like the gun nuts suggest, well...

 

[YmirGF]

... although an argument could be made that it would be constitutional. The main body of the US Constitution gives Congress the authority to maintain discipline of the militia. If the "the militia" is made up of all citizens like the gun nuts suggest, well...

But do you really want them to organize as a disciplined force? Um, not such a great idea...

 

[leibowde84]

So as I thought, Obama had nothing to do with it.

Not true. Obama has everything to do with the Department of State.

 

[leibowde84]

I didn't read the bill so this is just a guess, but is it that they are calling gun shops who only sell the guns "manufacturers?" Like if they said a car dealership was a car manufacturer?

No, they are saying gunsmiths are gun manufacturers if they build guns, which makes sense to me.

 

[esmith]

No, they are saying gunsmiths are gun manufacturers if they build guns, which makes sense to me.

I think the GCA covers the rules on business within the US. The State Dept has stuck it's nose where it shouldn't. The foggy bottom strikes again.
ATF Examples Showing When Manufacturer License Is or Is Not Required
Below are examples of gunsmithing operations with guidance as to whether or not such operations would be considered manufacturing under the Gun Control Act (GCA). A key factor is whether the “operations performed on the firearms were… for the purpose of sale or distribution”. (NOTE: These examples do not address the question of whether the operations are considered manufacturing for purposes of determining excise tax.) View ATF Manufacturer FAQ Page for more details.

• Example 1: Completing Rifle on Customer-Supplied Action.
  A company receives firearm frames from individual customers, attaches stocks and barrels, and returns the firearms to the customers for the customers’ personal use.
  ATF Verdict: Manufacturer License NOT Required.
  The operations performed on the firearms were not for the purpose of sale or distribution. The company should be licensed as a dealer or gunsmith, not as a manufacturer of firearms.
• Example 2: Barrel-Making. A company produces barrels for firearms and sells the barrels to another company that assembles and sells complete firearms.
  ATF Verdict: Manufacturer License NOT Required.
  Because barrels are not firearms, the company that manufactures the barrels is not a manufacturer of firearms. [However], the company that assembles and sells the firearms should be licensed as a manufacturer of firearms.
• Example 3: Single Gun Project. A company acquires one receiver, assembles one firearm, and sells the firearm.
  ATF Verdict: Manufacturer License NOT Required.
  The company is not manufacturing firearms as a regular course of trade or business and is not engaged in the business of manufacturing firearms. This company does not need to be licensed as a manufacturer.
• Example 4: Production of actions or frames for direct sale. A company produces a quantity of firearm frames or receivers for sale to customers who will assemble firearms.
  ATF Verdict: Manufacturer License IS Required.
  The company is engaged in the business of manufacturing firearms and should be licensed as a manufacturer of firearms.
• Example 5: Production of actions as parts suppliers. A company produces frames or receivers for another company that assembles and sells the firearms.
  ATF Verdict: Manufacturer License IS Required
  BOTH companies are engaged in the business of manufacturing firearms and each should be licensed as a manufacturer of firearms.
• Example 6: Modification of Pistols. A gunsmith buys government model pistols and installs “drop-in” precision trigger parts or other “drop-in parts” for the purpose of resale.
  ATF Verdict: Manufacturer License IS Required.
  This would be considered the manufacturing of firearms, as the gunsmith is purchasing the firearms, modifying the firearms and selling them. The gunsmith should be licensed as a manufacturer.

 

[Shadow Wolf]

I'm a gun owner who supports some meaningful reform. This doesn't seem to be it. Charging the manufacturers of firearms a registration fee is not going to do anything to address the problems we have with gun violence, and that's all this does if I'm reading the article correctly.

Fees that burden small business seem to be the way these days. With things like vaporizer juice, I agree with some regulation for the ingredients and stuff, but what was passed here is really nothing more than a burdensome tax that prevents the small mom-and-pop vapor shops from making their own juice, which was a big part of the business.
And with this, of course it won't effect Smith & Wesson, Glock, or Colt backed gun smiths too much, but the small local smiths it will hurt.

 

[tytlyf]

Not true. Obama has everything to do with the Department of State.

Obama doesn't tell them what to do

 

[tytlyf]

What part of "well-regulated" militia do people not understand?

 

[leibowde84]

Obama doesn't tell them what to do

They are part of the executive branch and carry out initiatives of the president. So, you are incorrect.

Department of State

The Department of State plays the lead role in developing and implementing the President's foreign policy. Major responsibilities include United States representation abroad, foreign assistance, foreign military training programs, countering international crime, and a wide assortment of services to U.S. citizens and foreign nationals seeking entrance to the U.S.

The U.S. maintains diplomatic relations with approximately 180 countries — each posted by civilian U.S. Foreign Service employees — as well as with international organizations. At home, more than 5,000 civil employees carry out the mission of the Department.

The Secretary of State serves as the President's top foreign policy adviser, and oversees 30,000 employees and a budget of approximately $35 billion.

 

[tytlyf]

They are part of the executive branch and carry out initiatives of the president. So, you are incorrect.

Department of State

The Department of State plays the lead role in developing and implementing the President's foreign policy. Major responsibilities include United States representation abroad, foreign assistance, foreign military training programs, countering international crime, and a wide assortment of services to U.S. citizens and foreign nationals seeking entrance to the U.S.

The U.S. maintains diplomatic relations with approximately 180 countries — each posted by civilian U.S. Foreign Service employees — as well as with international organizations. At home, more than 5,000 civil employees carry out the mission of the Department.

The Secretary of State serves as the President's top foreign policy adviser, and oversees 30,000 employees and a budget of approximately $35 billion.

Obama had nothing to do with it. OP made it up

 

[Milton Platt]

In this case it was the Department of State and the Obama Administration. They aren't technically laws, they are guidelines. The Executive Branch is tasked with enforcing the laws passed by congress. Here, the State Department is changing the way that ITAR is enforced by changing the definition of what a gun "manufacturer" is. So, it's not congress here.

So, really, it is just a matter of prohibiting gunsmiths from manufacturing guns, and then there would be no issue at all, right? Since you feel that they are mot a manufacturer of guns. On the other hand, aren't all gun manufacturers also gunsmiths?

 

[9-10ths_Penguin]

These most recent of these efforts were issued July 22, 2016, by the Department of State as a “Guidance” on the “Applicability of the ITAR Registration Requirement to Firearms Manufacturers and Gunsmiths.”

This document involves redefining gunsmithing activities as “manufacturing” under the International Traffic in Arms Regulations (ITAR) and requires many gunsmiths to register with the Directorate of Defense Trade Controls (DDTC) and pay an annual fee beginning at $2,250.

While we're talking about costs and impacts to small businesses: how does that cost compare to the bulletproof glass shields that I see all over the US to protect the staff of convenience stores?

 

[esmith]

Obama had nothing to do with it. OP made it up

Gotta like the try but you obviously have a problem with the English language or are hyper sensitive
Question did I say the Obama did it? Answer No. I said the Obama administration of which the State Dept is part of and the State Dept issued the ruling. You do know they fall under the Executive branch of government don't you, or did you miss that in school? The Executive Branch of the government is headed by the President, you do realize that don't you, or again maybe you missed that part of civics in school. Suggest you find old reruns of School House Rock to improve your education.

 

[esmith]

While we're talking about costs and impacts to small businesses: how does that cost compare to the bulletproof glass shields that I see all over the US to protect the staff of convenience stores?

you and tytlyf make a good pair.

 

[tytlyf]

So this only applies to gunsmiths selling overseas

 

[tytlyf]

Gotta like the try but you obviously have a problem with the English language or are hyper sensitive
Question did I say the Obama did it? Answer No. I said the Obama administration of which the State Dept is part of and the State Dept issued the ruling. You do know they fall under the Executive branch of government don't you, or did you miss that in school? The Executive Branch of the government is headed by the President, you do realize that don't you, or again maybe you missed that part of civics in school. Suggest you find old reruns of School House Rock to improve your education.

Ah, but I know your media better than you.

 

[9-10ths_Penguin]

you and tytlyf make a good pair.

How about the Pulse night club? A lot of people used to work at that small business.

 

[esmith]

So this only applies to gunsmiths selling overseas

Why don't you try reading before questioning? Give you a short example from the link

ITAR requires that “Any person who engages . . . in the business of manufacturing or exporting . . . is required to register with the Directorate of Defense Trade Controls.” In addition, “engaging in such a business requires only one occasion of manufacturing or exporting . . . A manufacturer who does not engage in exporting must nevertheless register.” (22 CFR § 122.1.) Consequently, a gunsmith who is ensnared into one act of “manufacturing” under the DDTC’s new definitions is required to register and pay the onerous fee, even though the gunsmith has no intention to and never does export a single item restricted under ITAR.

 

[esmith]

Ah, but I know your media better than you.

But you do not seem to know anything about the Government.... You know Executive branch, Judaical branch, and Legislative branch.

 

[9-10ths_Penguin]

Judaical branch,

Mazel tov!