[Ed. – More on the “how and whether we define person-to-person sales as gun dealing” question. Leaving this open-ended, for ATF to try to somehow “define,” is the opposite of the “rule of law.”]
Napolitano pointed out the most significant thing that Obama will attempt to do is create a new crime.
He then went on to elaborate on that crime by saying, “If you sell as few as two guns, or transfer, as a gift, as few as two guns, you are a dealer and you, therefore, need a federal license.” …
“If you transfer the guns, as a gift, without a federal license, you can be prosecuted,” Napolitano added. “Why is that troublesome? Because Congress, three times, rejected that proposal.”
“So, he is attempting to rewrite laws,” the judge pointed out. “Look, if he doesn’t like the gun laws, he can argue to people to get your representatives to change them, but he can’t change them on his own.”