9 House Gun Control Bills, with translations

9 House Gun Control Bills, with translations

This is a discussion on 9 House Gun Control Bills, with translations within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Preface This is a cross-post from M4C. Right now I'm looking at... 9 bills: HR 21 - Universal background checks, plus AG authority to deny ...

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Thread: 9 House Gun Control Bills, with translations

  1. #1
    VIP Member Array BAC's Avatar
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    9 House Gun Control Bills, with translations

    Preface

    This is a cross-post from M4C.

    Right now I'm looking at... 9 bills:

    HR 21 - Universal background checks, plus AG authority to deny purchases or license issuance.
    HR 34 - firearm registration. As in all of them. (absolute ******* abuse of the already-criminal commerce clause)
    HR 65 - To prevent children's access to firearms.
    HR 227 - Buyback program.
    HR 90 - Enhances hate crimes, plus grant issuance program, plus funding for LEOs (sorta).
    HR 142 - Prohibits mail-order ammo buying, requires face-to-face, requires reporting for large quantity sales (1000 rounds or more)
    HR 321 - Relates to HR 227; instructions for the IRS on how to dole out money. It's the most honest bill, actually.
    HR 141 - Requires NICS checks at all transactions at gun shows. And sets guidelines on who can run them.
    HR 137 - Makes sure everyone who should be banned from buying via NICS is actually in the NICS, and that they get an NICS done when trying to buy.



    I just got done taking some notes on the first one (HR 21), and might have time to do more if the weekend's nice to me. I'll post it up in a sec, link to it, and hopefully do the same for the rest as I get to them. I understand time is of the essence for these things but coffee does wear off after a while.

    If anyone else feels like putting up some notes/translations for bills I haven't got to yet, I'm sure the community would appreciate it. If anyone wants to correct me on mine, fire away. I'm not always the most lucid at 3:30am.
    RIP, Jeff Dorr: 1964 - July 17, 2009. You will be missed.


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  2. #2
    VIP Member Array BAC's Avatar
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    HR 21
    "To provide for the greater safety in the use of firearms."

    NRA Members' Gun Safety Act of 2013




    Requiring a Background Check for Every Firearm Sale
    Pages 1-15

    "The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms."

    There is a lot of legalese in this section. The first part of substance says it is unlawful for an "unlicensed transferor" (a non-FFL) to transfer a firearm to an unlicensed transferee unless done so through an existing FFL, through a law enforcement agency, or if a person has a permit that states a background check has been done within the last 5 years and demonstrates they can legally receive/possess/etc. a firearm. Such a permit would be issued by an FFL or LEO and, when used as part of the above transaction, would have to be verified by an FFL or LEO.

    Funny enough, the exceptions section (g) on page 12 still permits unlicensed transfers if it's a gift between immediate family members (defined as "spouses, parents, children, siblings, grandparents, and grandchildren."), if the owner dies and the firearms are transfered to an executor or admin of an estate (or trustee) in a will, or the transfer is temporary to someone who can legally possess firearms that believes possession of the firearm is necessary to prevent imminent death or great bodily harm to themselves. Interesting, no?



    Background Checks for Gun Shop Employees
    Pages 15-19

    The first section makes it illegal to "possess or transfer a firearm or ammunition in the course of employment with the licensed dealer, unless the licensed dealer has received from the Attorney General a notice that the Attorney General has determined that receipt of a firearm by the employee would not be unlawful." This either precludes gun shop employees from touching ammunition or firearms without the express permission of the AG, or duplicates existing law concerning who may lawfully possess firearms while adding an ammunition clause.

    The second section addresses the employer, repeating the first section basically word for word.

    The third section states that "the Attorney General may temporarily waive the applicability of [both preceding sections]" to an employee with that the employer has already submitted the information described in the next section (literally stated as "name and other identifying information") but that the Attorney General can't respond to in a timely manner.

    The fourth section states that the Attorney General must determine, using the above information, whether it would be unlawful for a person under Federal and local law for that person to possess a firearm. If it is determined that receipt of a firearm by the employee would not be unlawful, the Attorney General issues a letter of clearance for that employee. If it WOULD be unlawful, the AG must let the employer know, tell them why, tell them how the disability may be relieved, and how the determination may be appealed.

    It goes on to the usual silliness amending and adding to various other laws and codes to say that falsification of information is still, in fact, illegal.



    Prevention of Terrorists from Obtaining Firearms or Explosives
    Pages 19-34

    Sec. 301. "Granting the Attorney General the authority to deny the sale, deliver, or transfer of a firearm or the issuance of a firearms or explosives license or permit to dangerous terrorists." I'm curious if that language means someone can argue that they are a non-dangerous terrorist...

    This gives the AG authority to deny the transfer of a firearm if the AG determines that the transferee is "known (or appropriately suspected" to be or have been engaged in conduct constituting, in preperation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has reasonable belief that the prospective transferee may use a firearm in connection with terrorism." The next section says the same for firearm permits.

    *'Terrorism' means 'international terrorism' as defined in Section 2331(1) and 'domestic terrorism' as defined in Section 2331(5).
    **'Material support' means 'material support or resources' within the meaning of section 2339A or 2339B.

    (This is one of the few times referencing other laws within a bill is helpful.)

    The rest of the section is just describes how to put the AG's determinations into the NICS. It is overly complicated and boring to read.



    Reporting of Lost or Stolen Firearms to State or Local Police
    Page 34

    Amends Section 923(g)(6) of title 18 USC to add the following:
    "Each person who owns or possesses a firearm shall report the theft or loss of the firearm, within 48 hours after the theft or loss is discovered, to the appropriate local authorities."



    Section 926D. Concealed firearms permits
    Pages 34-37
    (a) In General - Each state that allows residents of the State to carry concealed firearms in or affecting interstate or foreign commerce shall -
    ......(1) establish a process to issue permits to residents of the state to carry concealed firearms in or affecting interstate or foreign commerce; and
    ......(2) require that each resident of the State seeking to carry a concealed firearm in or affecting interstate or foreign commerce in the State obtain a permit through the process established under paragraph (1).
    (b) Requirements - In establishing a process to issue permits to carry concealed firearms under subsection (a), a State shall -
    ......(1) ensure that a local law enforcement agency participates in the process; and
    ......(2) at a minimum, require that an applicant for a permit to carry a concealed firearm in or affecting interstate commerce -
    ............(A) be a legal resident of the United States;
    ............(B) be not less than 21 years of age;
    ............(C) demonstrate good cause for requesting a concealed firearm permit;
    ............(D) demonstrate that the applicant is worth of the public trust to carry a concealed firearm in public;
    ............(E) complete a firearm safety training course certified by the State; and
    ............(F) not have been convicted of a crime of violence.
    Section C starts by stating (paraphrased) "If a state has a process of issuing licenses outside of a law enforcement agency," a law enforcement agency must still approve the license applicant and both the agency and non-LE issuer keep records on the applicant. I'm not sure why it calls the section "Reporting", as nobody reports anything in the section.
    RIP, Jeff Dorr: 1964 - July 17, 2009. You will be missed.


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  3. #3
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    Harry Reid is afraid he cannot deliver enough votes in the Senate. He also wants to protect his Democrat senators up for re-election in 2014 from backlash. Therefor a Bill will not arrive on the Senate Floor for vote unless Harry has a slam-dunk passage in his hands.

    To follow my logic, why would a representative ever vote for a Bill unless for symbolic purposes only? So..........we'll see a lot of posturing and whining and the like, but the fat lady ain't even in the theater yet, let alone warming up.

    Having said that, now is NOT the time to relax and stop pestering your Congress Critters. Now is the time. There's just no reason to get too worked up over Bills YET.

    HR 21 may be the Trojan Horse though.
    All that other crap may just be the stalking horse.

    Here's a great read:
    The Real Prize of Gun Control

    I'm not always the most lucid at 3:30am.
    COFFEE! More COFFEE!
    Last edited by Rock and Glock; January 25th, 2013 at 10:13 PM.
    ppkheat likes this.


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    Member Array Eighthtee's Avatar
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    Thank you for taking the time to put all this together.

    Bob

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    Thanks for putting this together.

    HR 34 is incredibility repressive on a number of different levels.

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    Even though I do not have a conceptual problem with a universal background check, HR 21 is larded with so much other garbage I already contacted my Reps via PopVox and told them I oppose it. Among the other crap in HR 21 is the use of the infamously incorrect, secret terrorist list maintained by the Attorney General as part of the background check. Also, the bill creates a new federal requirement to report all lost/stolen guns. No effiing way on either of these two points

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    Don't stop the phone calls and emails to the legislators.......in fact call 'em again.

    Squeaky wheels get the grease.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

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    Re: 9 House Gun Control Bills, with translations

    The "concealed carry permit" section has my brain boggled. I understand the federal government only has power to govern state activity if it affects interstate commerce. In this manner, are they trying to make cc permits a federally regulated issuance by inputting "affecting interstate or foreign commerce" anywhere they want?

    If this is the case, could they not do this to EVERY law?

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