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NewsJanuary 8, 2016

Editor's note: A look at political claims that don't tell the full story. WASHINGTON -- President Barack Obama's proposals to tighten gun control rules may not accomplish his goal of keeping guns out of the hands of would-be criminals and those who aren't legally allowed to buy a weapon. In short, that's because the conditions he is changing are murkier than he made them out to be...

By ALICIA A. CALDWELL ~ Associated Press
President Barack Obama
President Barack Obama

Editor's note: A look at political claims that don't tell the full story.

WASHINGTON -- President Barack Obama's proposals to tighten gun control rules may not accomplish his goal of keeping guns out of the hands of would-be criminals and those who aren't legally allowed to buy a weapon. In short, that's because the conditions he is changing are murkier than he made them out to be.

Some of Obama's comments and how they compare with the facts:

Obama: "A violent felon can buy the exact same weapon over the Internet with no background check, no questions asked."

The facts: It's not that straightforward. Federally licensed gun dealers are required by law to conduct background checks for gun purchases no matter where the sale takes place -- in a store, at a gun show or online. While private gun sales can be conducted over the Internet, if the sale involves people in different states, a licensed gun dealer in the state where the gun is going still has to be involved in the transfer.

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Regardless of the seller, it is illegal for convicted felons to buy or possess guns unless they have had their rights restored.

Obama: "We're going to require firearms dealers to report more lost or stolen guns on a timely basis."

The facts: The effect of this is unclear because the government already requires gun dealers to report all lost or stolen guns within 48 hours of discovering they are missing.

Obama: "Anybody in the business of selling firearms must get a license and conduct background checks, or be subject to criminal prosecutions. It doesn't matter whether you're doing it over the Internet or at a gun show. It's not where you do it, but what you do."

The facts: "In the business" is the key condition for coming under this requirement, and the definition may have a lot of wiggle room. Federal law defines people who "repetitively buy and sell firearms with the principal motive of making a profit" as being "engaged in the business" of selling guns and requires them to be licensed. The license process includes a $200 application fee and a criminal background check. People who occasionally sell guns from their personal collections don't have to apply.

The law does not specify how many guns a person has to sell to be considered "engaged in the business" of selling guns, and neither did Obama. His new guidance defines a dealer as one whose "principal motive" is profit.

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