Nicholas Johnson was quoted in The Daily Signal about President Obama’s plan to take executive action to tighten restrictions on gun sales.
Nicholas Johnson, a Fordham University law professor focused on firearms law and the Second Amendment, agreed that there is “no doubt” Obama could use existing law to expand the definition of a gun dealer, though he expects the effort to be challenged in court.
“They are not changing the statute,” Johnson said of Obama’s proposed action on guns. “They are looking at the 1968 Act and saying, ‘How can we administratively change the definition of what it means to be a dealer and to capture it in away to cover more people in gun shows?’ There is no doubt the president and ATF have the authority to change the definition of what it means to be dealing in firearms.”
Winkler and Johnson say the key question that Obama is probably weighing is how broadly or narrowly to define what would qualify as a high-volume gun dealer.
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Added Johnson:
“I am cynical. I call this security theatre. Do I expect this action to have any sort of impact? No, other than leading to another run on people buying guns, which will bring more inventory on the market that could be stolen and end up on the black market. Most crime guns are illegal or stolen. This is a vicious cycle. The president is going after low-hanging fruit.”