Obama’s gun sale action opens legal can of worms

President Obama’s executive action to expand gun sale background checks has opened up a legal can of worms, specifically the president’s bid to broaden the definition of who’s a dealer — and therefore must get a license and conduct background checks.

Under current federal law passed by Congress, only federally licensed dealers must conduct background checks on buyers. The law does not specify whether this applies to online sales and other areas — so those selling or trading guns on websites or in informal settings such as flea markets often don’t register.

As the centerpiece of Obama’s new gun push, the Bureau of Alcohol, Tobacco, Firearms and Explosives on Monday night issued updated guidance that now deems anyone “in the business” of selling guns a dealer, regardless of where they sell.

All of which puts a constitutional spotlight on Obama’s actions, raising questions of interpretation that may have to be settled by the courts.

“Mr. Obama will now require that anyone who sells a gun, that is even an ‘occasional’ seller, will be required to perform a background check. By defining what an ‘occasional seller’ is, the president is essentially interpreting the law, a job reserved for the courts,” Judge Andrew Napolitano, Fox News’ senior judicial analyst.

Until the courts weigh in, it falls on the sellers to figure out who technically is “in the business” of dealing.

It’s a tough question — and one with serious implications. As Obama noted during remarks at the White House Tuesday, failure to follow these rules can result in criminal prosecution.

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