President Barack Hussein Obama presented his Executive Order concerning Gun Control, yesterday, in a National Address, spotlighted by an emotional performance which hasn’t been seen since “Ol’ Yeller” died.

Foxnews.com reports that

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, said in a FoxNews.com opinion piece. 

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. 

While the new guidance says collectors and gun hobbyists are largely exempt, the exact definition of who must register and conduct background checks is vague. Some officials suggested that selling just one or two firearms could subject a seller to these rules. 

Philip Dacey, president of the Pennsylvania Gun Collectors Association, told FoxNews.com that while he thinks the new orders will not have a huge impact on collectors, the devil is in the details.

“I think [to require a license for] one or two guns would be ridiculous, and how will you enforce it? If there’s no paperwork trail, how would you know when people are selling one or two guns to their neighbor?” Dacey said.

Dacey also noted that getting a federal license could take over three months and entail a complex process involving fingerprints, photographs and a visit by ATF agents. 

The guidance says determining whether someone is “engaged in the business” of dealing requires looking at “the specific facts and circumstances of your activities.”

“As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed,” the guidance says.

However, the document also notes the courts have deemed people dealers in some cases even if they only sell a couple guns.

“Note that while quantity and frequency of sales are relevant indicators, 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 were also present,” the guidance says.

In a conference call with Attorney General Loretta Lynch and White House Press Secretary Josh  Earnest, senior adviser Valerie Jarrett sought to clarify, but risked making the confusion even greater.

“ATF will make clear that whether you are ‘engaged in the business’ depends on the facts and circumstances,” Jarrett said, according to The Washington Free Beacon. “On factors such as: whether you represent yourself as a dealer, such as making business cards or taking credit card statements. Whether you sell firearms shortly after they’re acquired or whether you buy or sell in the original packaging.”

On the question of the number of guns sold, Lynch said: “It can be as few as one or two depending upon the circumstances under which the person sells the gun.” 

Adding to the questions, the background check provision rests in the murky realm of agency “guidelines,” which carry less weight than formally issued federal regulations and can easily be rescinded.

Republicans blasted the new guidance as a form of intimidation that would only target law-abiding citizens.

“[Obama] knows full well that the law already says that people who make their living selling firearms must be licensed, regardless of venue,” said House Speaker Paul Ryan, R-Wis., in a statement. “Still, rather than focus on criminals and terrorists, he goes after the most law-abiding of citizens. His words and actions amount to a form of intimidation that undermines liberty.”

After Obama’s soon-to-be-Golden Globe-Nominated Performance, Rush Limbaugh made the following observations on his Nationally-Syndicated Radio Program…

I’m just sitting here thinking, CNN’s interviewing a gun owner, and where do you think the gun owner’s store is?  Georgia. (imitating Southern accent) “Yes, they’re gonna go find gun shops in the South and they gonna talk to gun shop owners in the South.”  Now, you might be thinking, “Rush, CNN is in Georgia.  It would makes sense they’d find them there.”  They are also in New York.  But they sent somebody out to find a gun shop in Georgia.  It fulfills the image that they have of Second Amendment supporters and gun enthusiasts, hunters and so forth, a bunch of hayseeds. 

You know, Obama, I mentioned this, he had a tear. He cried at the end of his show today in the White House.  And he said (imitating Obama), “I think, you know, I got nothing to prove.  I’m in my last year, and I really don’t — I don’t know why, uh, we have to impugn people’s motives.  I don’t know why we have to.”  Well, sir, I tell you, your motive is all that matters, because your motive tells us the why, obviously.  The motive is what’s crucial here.  The motive tells us how serious you are about this.  The motive and the objective are all we need to know. 

You know, they’ve tried this with alcohol, as you well know. Mothers Against Drunk Drivers, they’ve tried to penalize, punish bartenders and bars for selling adult beverages to people who later had accidents or a DUI.  Don’t think that they’re not gonna go to doctors here.  You know, folks, who do you think might be, as far as the left is concerned, a prime target for somebody a family member could claim is mentally ill or a doctor could decide is unstable or not all there?  How about veterans returning from the theater of combat?  I mean, as far as many Americans are concerned, they’re all upset. 

How many movies have there been portraying returning veterans as incapable of adjusting to peacetime, posttraumatic stress disorder.  I would wager that many Americans think that your average returning soldier from Afghanistan, Iraq, anywhere where there are hostilities comes back and cannot cope for some reason or other.  Insomnia, flashbacks, undiagnosed and diagnosed PTSD.  And, by definition, these returning vets need medical treatment, and so they go to doctors.  And now doctors are required to call the FBI, report to the FBI about any patients that might appear to be upset, mentally unstable, maladjusted, whatever term you want to use. 

And many of these veterans of course have firearms, do they not?  They have been trained in their usage.  The very people who are most familiar, trained and proficient with these weapons would be among the prime targets for having their guns taken away from them simply on the basis that they’re not mentally competent to possess them anymore.  And all it might take with Obama’s new regulations here is their doctor calling the FBI and saying, “Staff sergeant so-and-so Kowalsky just left my office, and I don’t know, FBI, I’m very, very concerned about the mental state of staff sergeant Kowalsky.” 

“Thank you, Doctor,” says the FBI, “we appreciate your call.  Leave it to us.  We’ll take it from here.”  Liberal members of your family who know that you have a gun and don’t particularly like it, might they now have avenues.  And you think the doctor might not cooperate.  Well, how many doctors can no longer afford malpractice insurance simply because of Obamacare?  And do you think the doctor is ever going to claim that any member of a minority group is unstable?  Can you imagine a doctor reporting, what’s her name, the prosecuting attorney in Baltimore, what’s her name?  Mosby, Marilyn Mosby goes to the doctor.  She’s obviously unstable. She goes to the doctor, do you think the doctor would report to the FBI that the DA was just here, and I don’t know, she doesn’t seem right. Or that Mahmoud Sahib Skyhook was just here, and Mahmoud didn’t seem to be all that right to me, you think that’s gonna happen? 

No, it isn’t, because the doctor is not gonna be accused of bigotry or religious prejudice or racial prejudice. So guess who’s gonna get reported on here?  At least the odds are.  And Obama’s crying.  “I have nothing to prove.  I’m in my last year.  I’m just doing what I think is right.”  Well, these leftists, folks, Obama’s quest to transform the country is not gonna end with him leaving office.  He’s not just gonna sit around idly in his post presidential days and watch people dismantle what he’s done.  He’s gonna try to preserve it.  We haven’t seen anything yet. 

I’m telling you, the next 12 months and then the aftermath when Obama’s out of office he’s still gonna have his media cadre on his side, whoever the incoming president is, Trump, Cruz, whoever it is, is gonna have Obama on their case and the media every day. And if there’s just the slightest shred of evidence that anything they’re doing is unraveling what Obama did, look out.  Don’t doubt me.  In fact, make a note of the prediction.  

The Executive Director of the National Rifle Association’s Institute for Legislative Action, Chris W. Cox, released the following statement on Tuesday concerning President Barack Obama’s Executive Gun Control Order:

Once again, President Obama has chosen to engage in political rhetoric, instead of offering meaningful solutions to our nation’s pressing problems.  Today’s event also represents an ongoing attempt to distract attention away from his lack of a coherent strategy to keep the American people safe from terrorist attack.

The American people do not need more emotional, condescending lectures that are completely devoid of facts.  The men and women of the National Rifle Association take a back seat to no one when it comes to keeping our communities safe.  But the fact is that President Obama’s proposals would not have prevented any of the horrific events he mentioned.  The timing of this announcement, in the eighth and final year of his presidency, demonstrates not only political exploitation but a fundamental lack of seriousness. 

The proposed executive actions are ripe for abuse by the Obama Administration, which has made no secret of its contempt for the Second Amendment.  The NRA will continue to fight to protect the fundamental, individual Right to Keep and Bear Arms as guaranteed under our Constitution.  We will not allow law-abiding gun owners to be harassed or intimidated for engaging in lawful, constitutionally-protected activity – nor will we allow them to become scapegoats for President Obama’s failed policies.

I thought, that when Obama ascended to the Throne of the Regime, that he was supposed to “heal the sick, raise the dead, make the oceans rise and fall, and restore our divided country”?

Instead, Obama’s tenure in office will leave in his wake an America more divided than ever before, thanks to his Domestic Policy, consisting of the Rhetoric of Class Warfare and Racial Animus, and his advocacy of the failed Marxist Economic Theory of Socialism, in a nation which runs on the engines of Capitalism.

Yesterday’s non sequitur of a response to the horrific massacre of American Citizens by Radical Islamic Terrorists in San Bernadino, restricting the rights of law-abiding citizens to own guns, was just another serving of cake to us unwashed masses by “King Louis Obama”…punctuated by his phony tear as the cherry on top of his cake of ineffectual leadership.

And, you know, the kicker? Per Gallup, only 2% of Americans even consider Gun Control to be an important National Issue!

Back in 2010, I wrote a series of articles titled “The Great Disconnect: The Whole Ugly Truth About Barack Hussein Obama”.

Just call me Nostradamus.

Until He Comes,

KJ