More Kirk-Bloomberg Thinking.
We roll out our handy "RINO ban-ner" again since Mark Kirk is at it again!
Kirk unrolled H.R. 6664 which seeks to close the "firesale" loophole...
What is the firesale loophole?
Under current law, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issues Federal Firearms Licenses (FFLs) to qualifying gun dealers, which are required to conduct background checks on potential buyers. A license may be revoked if a dealer willfully violates the law or engages in criminal activity. But due to the fire sale loophole, after a license is revoked the dealer may legally sell excess inventory as a “private seller” without conducting any background checks.
Sounds sinister, right?
But it's a sham, folks.
Here's an analogy: imagine you own an Italian/pizza restaurant which has a bar. You get closed down for some violation, say a health code violation do to bad plumbing. Your friends know the real deal and know it isn't roaches or improper storage, but your competition takes over and there is no way you'll be able to get ahead.
So, you're left with all this food and liquor. What to do?
Being a smart entreprenuer, since it is close to football season you decide to throw non-stop weekend parties at your place and serve the leftovers (pasta and pizza) and beverages (beer, mainly - some harder stuff...).
Since it is your property and your house, you're able to do that.
This is almost exactly the same for many Gunstore owners - the BATFE has shut down numerous dealers on minor technicalities, such as clerical errors. If the owner decides to close the business, then they're left with a boat-load of inventory which they can sell face to face to law-abiding owners if they reside in a states that permits private sales.
This is what Kirk wants to assail - your right to broker your property as you see fit.
Don't believe me? Just check out what Supreme Court lawyer, David Hardy has to say about the BATFE (and Red's Trading Post in Idaho). To boot, the Inspector General is actually looking at the BATFE for possible abuses...
Posted 01:47PM Sep 02, 2008 by MCSA
