Gun control bill filed in house - 01/06/09

This is a discussion on Gun control bill filed in house - 01/06/09 within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Read it and take action..... On January 6, 2009, Congressman Bobby Rush from Illinois introduced HR 45 to the 111th Congress. It is a sweeping ...

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    Member Array DaveT's Avatar
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    Gun control bill filed in house - 01/06/09

    Read it and take action.....

    On January 6, 2009, Congressman Bobby Rush from Illinois introduced HR 45 to the 111th Congress. It is a sweeping bill requiring registration of all firearms (except antiques) and Federal level licensing of all gun owners.

    Congressman Rush is the same Congressman from Illinois that was all over the media last week claiming that the U.S. Senate was racist because they did not seat Roland Burris.

    Due to length, this is in 2 parts:

    (Blair Holt was a kid killed on a bus with a firearm.)

    Part 1 of HR 45 Text:

    H.R.45
    Blair Holt's Firearm Licensing and Record of Sale Act of 2009 (Introduced in House)

    HR 45 IH

    111th CONGRESS

    1st Session

    H. R. 45
    To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.


    IN THE HOUSE OF REPRESENTATIVES

    January 6, 2009
    Mr. RUSH (Bobby Rush from Illinois) [/I] introduced the following bill; which was referred to the Committee on the Judiciary

    A BILL
    To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.


    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as `Blair Holt's Firearm Licensing and Record of Sale Act of 2009'.

    (b) Table of Contents- The table of contents for this Act is as follows:

    Sec. 1. Short title; table of contents.

    Sec. 2. Findings and purposes.

    Sec. 3. Definitions.

    TITLE I--LICENSING

    Sec. 101. Licensing requirement.

    Sec. 102. Application requirements.

    Sec. 103. Issuance of license.

    Sec. 104. Renewal of license.

    Sec. 105. Revocation of license.

    TITLE II--RECORD OF SALE OR TRANSFER

    Sec. 201. Sale or transfer requirements for qualifying firearms.

    Sec. 202. Firearm records.

    TITLE III--ADDITIONAL PROHIBITIONS

    Sec. 301. Universal background check requirement.

    Sec. 302. Failure to maintain or permit inspection of records.

    Sec. 303. Failure to report loss or theft of firearm.

    Sec. 304. Failure to provide notice of change of address.

    Sec. 305. Child access prevention.

    TITLE IV--ENFORCEMENT

    Sec. 401. Criminal penalties.

    Sec. 402. Regulations.

    Sec. 403. Inspections.

    Sec. 404. Orders.

    Sec. 405. Injunctive enforcement.

    TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

    Sec. 501. Duties of the Attorney General.

    TITLE VI--EFFECT ON STATE LAW

    Sec. 601. Effect on State law.

    Sec. 602. Certification of State firearm licensing systems and State firearm record of sale systems.

    TITLE VII--RELATIONSHIP TO OTHER LAW

    Sec. 701. Subordination to Arms Export Control Act.

    TITLE VIII--INAPPLICABILITY

    Sec. 801. Inapplicability to governmental authorities.

    TITLE IX--EFFECTIVE DATE

    Sec. 901. Effective date of amendments.

    SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings- Congress finds that--

    (1) the manufacture, distribution, and importation of firearms is inherently commercial in nature;

    (2) firearms regularly move in interstate commerce;

    (3) to the extent that firearms trafficking is intrastate in nature, it arises out of and is substantially connected with a commercial transaction, which, when viewed in the aggregate, substantially affects interstate commerce;

    (4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce;

    (5) gun violence in the United States is associated with the majority of homicides, over half the suicides, and two-thirds of non-fatal violent injuries; and

    (6) on the afternoon of May 10, 2007, Blair Holt, a junior at Julian High School in Chicago, was killed on a public bus riding home from school when he used his body to shield a girl who was in the line of fire after a young man boarded the bus and started shooting.

    (b) Sense of the Congress- It is the sense of the Congress that--

    (1) firearms trafficking is prevalent and widespread in and among the States, and it is usually impossible to distinguish between intrastate trafficking and interstate trafficking; and

    (2) it is in the national interest and within the role of the Federal Government to ensure that the regulation of firearms is uniform among the States, that law enforcement can quickly and effectively trace firearms used in crime, and that firearms owners know how to use and safely store their firearms.

    (c) Purposes- The purposes of this Act and the amendments made by this Act are--

    (1) to protect the public against the unreasonable risk of injury and death associated with the unrecorded sale or transfer of qualifying firearms to criminals and youth;

    (2) to ensure that owners of qualifying firearms are knowledgeable in the safe use, handling, and storage of those firearms;

    (3) to restrict the availability of qualifying firearms to criminals, youth, and other persons prohibited by Federal law from receiving firearms; and

    (4) to facilitate the tracing of qualifying firearms used in crime by Federal and State law enforcement agencies.

    SEC. 3. DEFINITIONS.

    (a) In General- In this Act:

    (1) FIREARM; LICENSED DEALER; LICENSED MANUFACTURER; STATE- The terms `firearm', `licensed dealer', `licensed manufacturer', and `State' have the meanings given those terms in section 921(a) of title 18, United States Code.

    (2) QUALIFYING FIREARM- The term `qualifying firearm' has the meaning given the term in section 921(a) of title 18, United States Code, as amended by subsection (b) of this section.

    (b) Amendment to Title 18, United States Code- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

    `(36) The term `qualifying firearm'--

    `(A) means--

    `(i) any handgun; or

    `(ii) any semiautomatic firearm that can accept any detachable ammunition feeding device;
    and

    `(B) does not include any antique.'.

    TITLE I--LICENSING

    SEC. 101. LICENSING REQUIREMENT.

    Section 922 of title 18, United States Code, is amended by adding at the end the following:

    `(aa) Firearm Licensing Requirement-

    `(1) IN GENERAL- It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the applicable date, unless that person has been issued a firearm license--

    `(A) under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, which license has not been invalidated or revoked under that title; or

    `(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, which license has not been invalidated or revoked under State law.

    `(2) APPLICABLE DATE- In this subsection, the term `applicable date' means--

    `(A) with respect to a qualifying firearm that is acquired by the person before the date of the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, 2 years after such date of enactment; and

    `(B) with respect to a qualifying firearm that is acquired by the person on or after the date of the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, 1 year after such date of enactment.'.

    Contd. in next post......

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    Member Array DaveT's Avatar
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    Part 2 of HR 45 text:

    SEC. 102. APPLICATION REQUIREMENTS.

    (a) In General- In order to be issued a firearm license under this title, an individual shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include--

    (1) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;

    (2) the name, address, and date and place of birth of the applicant;

    (3) any other name that the applicant has ever used or by which the applicant has ever been known;

    (4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;

    (5) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;

    (6) a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;

    (7) a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding--

    (A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;

    (B) the safe handling of firearms;

    (C) the use of firearms in the home and the risks associated with such use;

    (D) the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and

    (E) any other subjects, as the Attorney General determines to be appropriate;

    (8) an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;

    (9) the date on which the application was submitted; and

    (10) the signature of the applicant.

    (b) Regulations Governing Submission- The Attorney General shall promulgate regulations specifying procedures for the submission of applications to the Attorney General under this section, which regulations shall--

    (1) provide for submission of the application through a licensed dealer or an office or agency of the Federal Government designated by the Attorney General;

    (2) require the applicant to provide a valid identification document (as defined in section 1028(d)(2) of title 18, United States Code) of the applicant, containing a photograph of the applicant, to the licensed dealer or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that dealer, office, or agency; and

    (3) require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the licensed dealer or office or agency of the Federal Government, as applicable.

    (c) Fees-

    (1) IN GENERAL- The Attorney General shall charge and collect from each applicant for a license under this title a fee in an amount determined in accordance with paragraph (2).

    (2) FEE AMOUNT- The amount of the fee collected under this subsection shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subsection during a fiscal year is sufficient to cover the costs of carrying out this title during that fiscal year, except that such amount shall not exceed $25.

    SEC. 103. ISSUANCE OF LICENSE.

    (a) In General- The Attorney General shall issue a firearm license to an applicant who has submitted an application that meets the requirements of section 102 of this Act, if the Attorney General ascertains that the individual is not prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.

    (b) Effect of Issuance to Prohibited Person- A firearm license issued under this section shall be null and void if issued to a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.

    (c) Form of License- A firearm license issued under this section shall be in the form of a tamper-resistant card, and shall include--

    (1) the photograph of the licensed individual submitted with the application;

    (2) the address of the licensed individual;

    (3) the date of birth of the licensed individual;

    (4) a license number, unique to each licensed individual;

    (5) the expiration date of the license, which shall be the date that is 5 years after the initial anniversary of the date of birth of the licensed individual following the date on which the license is issued (or in the case of a license renewal, following the date on which the license is renewed under section 104);

    (6) the signature of the licensed individual provided on the application, or a facsimile of the application; and

    (7) centered at the top of the license, capitalized, and in boldface type, the following:

    `FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.

    THOMAS Home | Contact | Accessibility | Legal | USA.gov

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    Distinguished Member Array Guardian's Avatar
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    This bill will go no where. Anyone from Illinois has lost their bargaining power with recent events. We must be aware and keep our eyes open though.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

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    History will show that registration is the first step towards confiscation.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Senior Member Array Roadrunner's Avatar
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    Quote Originally Posted by HotGuns View Post
    History will show that registration is the first step towards confiscation.
    It already has.
    - Kurt
    “Freedom is the sure possession of those alone who have the courage to defend it.” ~Pericles of Athens
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    Sounds like a Nation wide FOID card to me.

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    Does the FOID card required in IL expire?

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    ...this is just the beginning boys n' girls.
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    Why do I have the feeling that very few people are even caring about what's going on now?
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    Member Array concealed's Avatar
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    I care and write letters and emails quite often. Just sent letters to the Governor of Virginia regarding Obama and concealed carry, and another regarding a recent piece of legislation in front of Virginia for CC in restaurants serving alcohol.

    We as a group must encourage others to do the same. In other threads on here, people seem resigned that our voice will do nothing. Encouragement and activism should be spread, not pessimism and despair. This could be made easier here with prewritten letters that could be mailed or copied into emails. Also could be included is addresses of key individuals or organizations that need to be contacted. For some folks, they will not take the effort. So maybe if this forum can supply as much of the information as it can provide, then others will be encouraged to do same. Threads have been posted about this, but they seem to go nowhere.

    Yes I realize the NRA has a nice link to legislatures, but we need on here, and it should not be limited to legislatures!

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    VIP Member Array AllAmerican's Avatar
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    I shall write my legislators abut this bill. Just a note to everyone here and Ill probably post it in a few otherthreads over time, we need to not only focus on gun related bills but also other issues that move us. I wouldnt want my legislators to think I was a one issue freak or something.

    Write them, tell them whats what and make sure they know they need to act appropriately

    EDIT:I mailed my legislators using the very easy links through NRA-ILA
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    Ex Member Array Roscoe's Avatar
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    Keep the pressure on, email/contact your Senators and Representatives irregardless of their political affiliation (democrat or republican) and tell them you object to even to slightest gun control measures being passed in the Obama term, further tell them that in 1992 the democrats passed the sweeping Assault Weapons ban and in the next election democrats lost control of the House of Representatives and the Senate as well as Tom Foley losing his Long time seat as well as his Speaker of the Houseship. lol. We booted out the GC supporters! Tell them that gun control is a losing issue and you cannot support anyone that backs this issue, they will take notice if they get enough emails, "get er done!"
    Further, write your congressmen and tell them not to approve Eric Holder as U.S. Atty. General for the Obama administration.
    I hope Obama will allow us to continue to carry concealed, I further hope that Obama and his yet to be appointed Atty. General Eric Holder designate will not confiscate our firearms, Holder was asst. to Janet Reno in the Bush admin. His motto is; "he has never seen a gun control law he didn't like."
    Be matter of fact and do not threaten, insult, or cuss, be nice and to the point!

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    I'm already pretty upset that I have to have my handguns associated with my name. This is unacceptable. Letters are on their way.
    -Ryan

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    Quote Originally Posted by Builder58 View Post
    Does the FOID card required in IL expire?
    Every 5 years...
    Magazine <> clip - know the difference

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    Senior Member Array Tyler11B's Avatar
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    geez..... ive wrote letters to my governor, and senator about this
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