Obama Executive Order to Run Gunsmiths out of Business


On Friday, July 22, just as members of his party were gathering in Philadelphia to coronate Hillary Clinton as their presidential nominee, the Obama Administration once again released a sweeping gun control measure by executive fiat. This time the bad news came via the U.S. State Department’s Directorate of Defense Trade Controls (DDTC), which is primarily responsible for administering the Arms Export Control Act (AECA) and its implementing rules, the International Traffic in Arms Regulations (ITAR). The upshot is that DDTC is labeling commercial gunsmiths as “manufacturers” for performing relatively simple work such as threading a barrel or fabricating a small custom part for an older firearm. Under the AECA, “manufacturers” are required to register with DDTC at significant expense or risk onerous criminal penalties.

As with prior executive actions on guns, the administration released its dictate suddenly and without advance warning to or prior input from affected businesses, completely bypassing the normal formalities associated with a significant rulemaking. The guidance is also likely to result in more confusion than clarity and may significantly chill heretofore legal conduct associated with gunsmithing.

The AECA/ITAR require anybody who engages in the business of “manufacturing” a defense article to register with DDTC and pay a registration fee that for new applicants is currently $2,250 per year. These requirements apply, even if the business does not, and does not intend to, export any defense article. Moreover, under ITAR, “only one occasion of manufacturing … a defense article” is necessary for a commercial entity to be considered “engaged in the business” and therefore subject to the regime’s requirements.

DDTC’s new “guidance” only makes this situation worse by coming up with a confusing and counter-intuitive list of activities that it considers “gunsmithing” versus “manufacturing” (despite the fact that it insists it relies on the “ordinary, contemporary, common meaning” of those terms).

For example, DDTC generally labels procedures that involve cutting, drilling, or machining of an existing firearm in order to improve its accuracy or operation or to change its caliber as “manufacturing,” even if they do not create a new and distinct firearm. This includes threading a muzzle for a muzzle brake or blueprinting that requires machining of a barrel.   

The new rules will certainly not make the nation safer, they will simply drive some of these individuals out of business. And that, we can surmise, is the ultimate goal of this action.

Little by little the liberals such as Obama and Clinton intend to eliminate the protection of the 2nd amendment without having to bother with the will of the people, the judicial system, or the congress. Clinton has declared her intention to add a 25% sales tax on firearms, and you can bet that there will be many more executive orders to prevent citizens from owning guns. It is a very important factor to consider as we prep for the election in November.

Source: nraila.org



Share

601 Comments

Leave a Reply

Pin It on Pinterest