H.R. 45 - Blair Holt's Firearm Licensing and Record of Sale Act of 2009
Just the title alone tells you that it is something that shouldn't even be introduced, much less go any further then that.
Purpose: 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.A system of licensing for PURCHASERS, not people who want to carry, not for people who are otherwise prohibited but just simply purchasing a firearm would require a national license.
And isn't that "and for other purposes" chilling in its ambiguity?
(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
So, they are going to pass a law to keep criminals who are prohibited from buying firearms from buying firearms....something that the NCIS back ground check should and already does.
‘(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.’So, if I read that right -- "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"
There is much more...including of course a fee for this license.
And this little jewel toward the end
TITLE III--ADDITIONAL PROHIBITIONS
SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.
Section 922 of title 18, United States Code , as amended by sections 101 and 201 of this Act, is amended by adding at the end the following:‘(cc) Universal Background Check Requirement-
‘(1) REQUIREMENT- Except as provided in paragraph (2), it shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell, deliver, or otherwise transfer a firearm to any person other than such a licensee, unless the transfer is processed through a licensed dealer in accordance with subsection (t).
‘(2) EXCEPTION- Paragraph (1) shall not apply to the infrequent transfer of a firearm by gift, bequest, intestate succession or other means by an individual to a parent, child, grandparent, or grandchild of the individual, or to any loan of a firearm for any lawful purpose for not more than 30 days between persons who are personally known to each other.’
Guess who gets to decide what a lawful purpose is? It won't be us you can bet on that. Also notice that private sales are going to be outlawed....all transactions will have to be conducted through a licensed dealer with the accompanying background check.....another fee that adds to the cost of a firearm. So, that means many people who could have barely afforded a firearm before bill won't be able to after.
This section over rides Texas state law for child access
‘(gg) Child Access Prevention-
‘(1) DEFINITION OF CHILD- In this subsection, the term ‘child’ means an individual who has not attained the age of 18 year
‘(2) PROHIBITION AND PENALTIES- Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any 1 of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if--‘(3) EXCEPTIONS- Paragraph (2) shall not apply if--
‘(A) that person--
‘(i) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and
‘(ii) either--
‘(I) knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365 of this title) to, the child or any other person; or
‘(II) knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and
‘(B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other person.
‘(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;
‘(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;
‘(C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or‘(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.
So, most gun owners with families would now incur yet another cost or risk a federal crime. I'm all for safe storage and protect kids...but do we really need a FEDERAL Law for what is common sense?
So, again folks this is a call to contact our representatives to let them know what we think of this idea. I'm sure others have pointed out this bill before but another voice doesn't hurt.
You can use this link to find out who your representatives are and get their contact information.
Look for the "My Elected Officials" box on the left side of the page.
14 comments:
Is anything new with this bill? I know it was presented near the first day of the new congressional session, but I thought It had essentially been tabled.
Still it is somthing to keep an eye on.
Weer'd,
You may be right, just checked and it was referred to subcommittee on Feb. 9th.
Last Action: Feb 9, 2009: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
I am still going to contact the Congress critters. If nothing else they might realize that bills like this fall into the category of "bad things".
Yeah, Bob, or they might realize that you're reacting to something that as Weer'd pointed out has been tabled. Instead of "chilling in its ambiquity" I'd say you'r ejust looking for a fight.
And, speaking of looking for a fight, are you trying to say there's nothing new there. It seems to me it would accomplish some of the very things we need most, especially the universal background checks and the elimination of straw purchases.
Why would you oppose something like that? I say it's irresponsible of you to do so.
MikeB,
Straw purchases are illegal. Adding a universal background check for private transactions won't stop straw purchase.
If you think it will, show me in the process how it will stop them.
As for universal background checks, more people are killed by people choosing to drink and drive then by people choosing to use a firearm. If we don't require background checks on cars, it doesn't make sense to require them on firearms.
And with 270 MILLION firearms, how in the world are you going to insure compliance??
Do you know how many firearms my neighbor has? How many I have?
If you don't know that...how can you say whether or not I bought a firearm before the background check requirement or not?
For new firearms the government knows which I have or can find out. Remember the NCIS background checks are supposed to be destroyed after 1 day...but the FFL records are on permanent file.
Are you advocating the government go door to door, search people's homes for firearms?
That is what it would take to get universal background checks implemented.
Canada tried it and look at the "success" they've had:
Bill C-68 was passed in 1995. The Liberals can't count years any better than they can count money. Only the Liberals could claim the firearms program is a success while, according to academic studies, more than 400,000 firearms owners are still unlicenced and, according to the government's own import and export records, more than 8 million guns are still unregistered. The truth is that every shooting in Canada proves the federal firearms program has failed
http://gunowners.org/op0507.htm
Are you willing to undergo a background check to own a computer and a camera?
After all, as you should know, child porn is a horrendous crime that needs to be stopped, right?
Are you willing to register every computer you own, go to Best Buy and transfer it when you want to give it to one of your kids...paying $25 for the "privilege"?
Lastly, anytime the government "regulates a right" it becomes a privilege they can and will deny.
For example, "gay marriage".
Heh, Bob do you actually think MikeB will present SUBSTANCE?
Has he ever?
Will he ever?
I know what I'd bet on!
Weer'd,
I don't expect MikeB to present anything of substance.
I want to show that repeatedly, on just about every subject, that MikeB DIDN'T present anything of substance.
One of the factors in my decision to support the Right to Keep and Bear Arms was seeing how many times pro-rights people responded with facts, information versus how many times the Anti-freedom crowd responded with personal attacks, off topic issues, "feelings" that should have the force of law.
So, No I don't expect it. I count on it. I count on people learning about the RKBA to see that, to start questioning what MikeB is trying to hide.
universal background checks
So you don't have any problem with dangerous people walking the streets as long as they allegedly can't procure a firearm. All righty then, just so we know where you're coming from.
Pistolero,
Great point about dangerous people walking the streets.
I can think of half a dozen or more ways that a person could walk around with a concealed weapon and NOT OWN A FIREARM.
From pipe bombs to flame throwers; from switchblades to acid sprays....the inanimate object isn't dangerous. The person is.
9/11 terrorists used box cutters, Oklahoma City scum used fertilizer and fuel oil; MikeB - going to have background checks for those items?
Thank ya, Bob. Yep, I have yet to get a satisfactory answer as to why these allegedly dangerous people don't deserve to be locked up.
not to mention that none of the dangerous people who walk the streets WITH GUNS give one shit about a law banning private sales. Private sales are already a felony for them.
They're not buying their guns through legal means, and they're going to keep buying, selling, stealing, and trading guns on the black market EXACTLY like they do currently.
On the other hand, if you ban private sales and then use the ATF, regulatory fees etc. to shut down as many FFL's as possible you can reduce legal, civilian gun ownership.
Remember Obama's proposal to ban all FFL's within 5 miles of a school or park. Ban private sales, then do something like that and you've made it so most of the country can't legally buy guns.
Straw purchases are already illegal. All commercial firearm sales are legally required to have background checks executed on them, and the purchaser must pass the check.
Why would you mislead people like that? I say it is irresponsible of you to do so.
FWIW: Many States have had purchaser cards for years, such as the Illinois FOID that you need even for ammo purchase or to use a public range, and I don't see Illinois as a peaceful paradise, nor Massachusetts etc...
Screw them. I have a machine shop and I know how to use it if it comes down to brass tacks. I don't need a license to be a manufacturer if I'm not engaged in Interstate Commerce and only producing firearms for personal use. There's past precedent for that on non-NFA firearms. On top of that, if I leave about 20% of the finish work to the purchaser of a kit, he can build his own firearm without starting from raw metal. Also has court precedent. Then we enter the realm of black powder and many black powder handguns and revolvers are equal to, or more powerful than many modern smokeless powder firearms. Usually less than 5 shots are fired in a gunfight with a criminal anyway, so carrying an old .44 Remington or .45 Colt cowboy percussion gun gives you essentially the same defensive firepower as if you were carrying a .45ACP...
I don't have any kids and tend to leave loaded guns laying around too.
They can BITE ME. My rights exist because I was born with them, not because they were granted to me. I may die protecting those rights against an overgrasping governmental agency, but they're my rights until I'm dead. If I end up dead due to such machination and the general lack of ability to get a fair trial in the Fed system regarding firearms beauroRATS, I don't intend to go to the grave alone.
For reference, it's already being DONE by people in my birth state of Montana (as well as elsewhere) who have also just passed a law that the GOVERNOR SIGNED that states that firearms manufactured in Montana for Montanans are NOT UNDER FEDERAL REGULATION AS IT IS NOT INTERSTATE COMMERCE. Texas has passed a similar bill. Even barring that, a person is lawfully eligible to build their own firearm without a manufacturer's license if it is for personal use and never sold, although it may be inherited by a non-prohibited person heir at time of death.
People have been building arms since people existed. You can put together a functional machine shop for under 3k. Many still have the knowledge to start from scratch. The same people that are adamant that the fed gov piss off and find somebody better to pester.
They gonna come confiscate my library of plan drawings and book related to gunsmithing unless I buy one of their ID cards too? Didn't think so.
HR 45 is a dead letter.
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