Gun Show Loophole exposed <<MOD WARNING ISSUED>>

The state, of course, has no standing to require a license for the basic exercise of a right.

 

requiring permits for political protests and other public gatherings ARE legal.

 

SCOTUS disagrees, as Heller allowed the handgun permit.

SCOTUS has also held that requiring permits for public political and other gatherings is legal.

 

Did motor vehicles go unregistered for over a century before the process was implemented?

The nation of Canada also possessed computers, and a far lower number of firearms to keep track of in its registry. It still could not make it work. How could the united states do better with one hundred times the number of firearms, none of which are presently registered?

 

The permits in question are for the use of the publicly accessible space under management of the city, not for the making the message delivered legal to speak.

It is about revenue generation, not about safety.

 

For use of property, not to exercise the right to parade.

 

You just admitted earlier that Heller didn't address licensing.

 

Time/place/manner restrictions and permits for use of public spaces are not licenses for the basic exercise of a right.
The state has no standing to require a license for the basic exercise of a right because rights do not originate with the state.

 

Heller was not about a permitting issue, heller was about DC requiring you to keep your firearm in inoperable or inaccessible condition.
Therefore, permitting was not before the Court.

 

Exactly. If its a business, defined as your primary motivation is for profit, then you need an FFL for even one transaction. If its not, then you don't.

 

i may have been wrong

 

... and a total ban on the ownership and possession of handguns.

100% correct.

 

one need not own an actual "business" in order to require an FFL

if you regularly sell guns for profit, even only a few guns, you need an FFL

 

I think I've made money on one gun sale.

 

Again, if its a business DEFINED AS YOUR PRIMARY MOTIVATION IS FOR PROFIT, then you need an FFL.

You don't need to form an entity to trigger your primary motivation or to be "engaged in the business".. Reading is fundamental Ronnie.

 

If its not your PRIMARY MOTIVATION it doesn't matter.
If your primary motivation is to add to your collection by raising funds for further purchases for your collection, say, you're golden Pony Boy

 

I'm just saying I wish I was making money...

 

it wasn't a frequent part of your regular affairs

 

Collecting can be a frequent part of your regular affairs and not trigger the "engaged in the business" part.
Therefore, it is a poor definition lending itself to inaccuracy. This is contraindicated when speaking of potential criminal violations.
Ergo, the more correct "primary motivation in sale is for profit" is to be used.

 

"Engaged in business" means, among other things, you get to collect sales taxes for the state/county, and have a license to do so.

 

Exactly how much profit must actually be gained from the private sale of a firearm to be considered as "engaged in the business" of selling a firearm? How much above the purchase price must the firearm in question go for, for it to be considered sufficient profit? Must firearms be sold at a loss of invested funds in order to remain legal?

 

None. The primary motivator must be for profit. If the primary motivator is to increase one's collection and further one's HOBBY by selling some of the collection to make for new additions, then you're good to go.
Its the motive that counts, the reason you're doing the sale in the first place.

 

Heller “agreed” that permitting and gun registration was “permissible.” How obvious can you get. Actually read it like I did, and I posted it. It was part if their argument, it was part if the majority opinion it is part of the argument for any future rulings. . You do know how constitutional law works ?

 

I just have a hard time getting past this part: "...the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement".

 

Irrelevant. Go to sleep.