Just as you predicted, and it didn't take long...

(link...)

Seems like we are coming around to the idea that running against accessible health care is a non-starter.

Maybe someday running against gun safety will be the same.

All Obama's good intentions notwithstanding:
From the White House Fact Sheet, related to licensing and background check requirements for firearms sales at
(link...)
"There is no specific threshold number of firearms purchased or sold that triggers the licensure requirement. But it is important to note that even a few transactions, when combined with other evidence, can be sufficient to establish that a person is “engaged in the business.” For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold or when only one or two transactions took place, when other factors also were present."
In other words, any time an individual sells even one firearm, they could be subject to prosecution based on some "other evidence" or "other factors" which may or may not be known to the seller. This falls directly under the void for vagueness doctrine of American constitutional law ("Criminal laws which do not state explicitly and definitely what conduct is punishable for example are void for vagueness" (link...)). The Obama administration just can't resist political grandstanding that gives the tin foil hatters all the fuel they need to burn down this proposal.

Here's the actual ATF guidance that has been published on whether you're conducting private sales or engaged in business that requires a dealer's license.

Here are my takeaways.

First, the federal law has always been vague in this area. This guidance is intended to clarify it based on existing legal precedent, but isn't any sort of new law.

Second, the guidance is pretty reasonable. If you're liquidating your collection, or selling old guns to get new ones to upgrade your collection, or you're selling one of your guns to family or a friend (or even a stranger), no problem. You don't need a dealer's license.

If you're buying and re-selling, or otherwise selling guns as a way to make a little money on the side, you need a license. It's not that hard.

Finally, a private seller always has the option of working with a licensed dealer to facilitate a private sale, usually just for a small fee. Frankly, although it's not legally required, even if I were selling just one gun, that's what I would do, especially if it was to a stranger, but I'd do it even if it was to a friend or family member. Going through a licensed dealer gets a background check done, and it also creates documentation that I no longer have the thing. If something bad happens with it later, I don't have to answer any questions, either to the police or to my own conscience.

None of this is unreasonable, and for most people, if they see this is what it's all about, wouldn't have any problem with it. It doesn't take away anyone's guns. It doesn't prevent any law-abiding person from buying or selling a gun. It does, however, make it just a little bit harder for people who shouldn't be buying guns from going off the grid to get one.

Does it do enough? Not really. Would it be better if the law itself made clear delineations? Absolutely. That's why we need more people in Congress who aren't rented by the NRA to act. The current Gun Control Act was passed in 1968, before the NRA was bought by the gun manufacturers and started its irrational, absolutist stranglehold on Congress. With that as the reality, this sort of administrative clarification is probably the extent of what's possible, because despite the rhetoric, administrative clarification of vague statutory language is quite routine and well within the bounds of the Constitution's separation of powers.

John Yoo in the Federalist Society. One hand with a pen, the other feverishly twisting a thumb screw.Obama's Gun Rules and the Constitution

Obama’s efforts to extend the reach of the regulatory state to those who sell only a small number of guns a year may prompt the courts to re-examine and narrow Raich, especially because of the presence of the constitutional right to bear arms. In his regulatory overreaction to recent shootings, Obama may begin the erosion of the powers of his treasured welfare state.

How does the government decide if the guy in the allwy selling guns needs a license unless the government has an ATF agent in every alley? most guns used i cries are stolen and traded off in these kinds of dealsn, ot sold in the open atg un shows.