Gun Bill Introduced in Congress

Discussion in 'National Laws, Bills and Politics' started by Malum Prohibitum, Jan 10, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The first gun bill of the new Congressional session - and it is pro-gun!

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    H.R. 73IH was just introduced to committee this week by Rep. Roscoe Bartlett of MD. So far no sponsors; but here is the legislation:
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    Citizens' Self-Defense Act of 2007 (Introduced in House)

    HR 73 IH


    110th CONGRESS

    1st Session

    H. R. 73
    To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.


    IN THE HOUSE OF REPRESENTATIVES

    January 4, 2007
    Mr. BARTLETT of Maryland introduced the following bill; which was referred to the Committee on the Judiciary


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    A BILL
    To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.


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

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `Citizens' Self-Defense Act of 2007'.

    SEC. 2. FINDINGS.

    The Congress finds the following:

    (1) Police cannot protect, and are not legally liable for failing to protect, individual citizens, as evidenced by the following:

    (A) The courts have consistently ruled that the police do not have an obligation to protect individuals, only the public in general. For example, in Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: `[C]ourts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community.'.

    (B) Former Florida Attorney General Jim Smith told Florida legislators that police responded to only 200,000 of 700,000 calls for help to Dade County authorities.

    (C) The United States Department of Justice found that, in 1989, there were 168,881 crimes of violence for which police had not responded within 1 hour.

    (2) Citizens frequently must use firearms to defend themselves, as evidenced by the following:

    (A) Every year, more than 2,400,000 people in the United States use a gun to defend themselves against criminals--or more than 6,500 people a day. This means that, each year, firearms are used 60 times more often to protect the lives of honest citizens than to take lives.

    (B) Of the 2,400,000 self-defense cases, more than 192,000 are by women defending themselves against sexual abuse.

    (C) Of the 2,400,000 times citizens use their guns to defend themselves every year, 92 percent merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8 percent of the time, does a citizen kill or wound his or her attacker.

    (3) Law-abiding citizens, seeking only to provide for their families' defense, are routinely prosecuted for brandishing or using a firearm in self-defense. For example:

    (A) In 1986, Don Bennett of Oak Park, Illinois, was shot at by 2 men who had just stolen $1,200 in cash and jewelry from his suburban Chicago service station. The police arrested Bennett for violating Oak Park's handgun ban. The police never caught the actual criminals.

    (B) Ronald Biggs, a resident of Goldsboro, North Carolina, was arrested for shooting an intruder in 1990. Four men broke into Biggs' residence one night, ransacked the home and then assaulted him with a baseball bat. When Biggs attempted to escape through the back door, the group chased him and Biggs turned and shot one of the assailants in the stomach. Biggs was arrested and charged with assault with a deadly weapon--a felony. His assailants were charged with misdemeanors.

    (C) Don Campbell of Port Huron, Michigan, was arrested, jailed, and criminally charged after he shot a criminal assailant in 1991. The thief had broken into Campbell's store and attacked him. The prosecutor plea-bargained with the assailant and planned to use him to testify against Campbell for felonious use of a firearm. Only after intense community pressure did the prosecutor finally drop the charges.

    (4) The courts have granted immunity from prosecution to police officers who use firearms in the line of duty. Similarly, law-abiding citizens who use firearms to protect themselves, their families, and their homes against violent felons should not be subject to lawsuits by the violent felons who sought to victimize them.

    SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT.

    (a) Reaffirmation of Right- A person not prohibited from receiving a firearm by Section 922(g) of title 18, United States Code, shall have the right to obtain firearms for security, and to use firearms--

    (1) in defense of self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury;

    (2) in defense of self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and

    (3) in defense of the person's home in the course of the commission of a felony by another person.

    (b) Firearm Defined- As used in subsection (a), the term `firearm' means--

    (1) a shotgun (as defined in section 921(a)(5) of title 18, United States Code);

    (2) a rifle (as defined in section 921(a)(7) of title 18, United States Code); or

    (3) a handgun (as defined in section 10 of Public Law 99-408).

    (c) Enforcement of Right-

    (1) IN GENERAL- A person whose right under subsection (a) is violated in any manner may bring an action in any United States district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate.

    (2) AUTHORITY TO AWARD A REASONABLE ATTORNEY'S FEE- In an action brought under paragraph (1), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs.

    (3) STATUTE OF LIMITATIONS- An action may not be brought under paragraph (1) after the 5-year period that begins with the date the violation described in paragraph (1) is discovered.
     
  2. foshizzle

    foshizzle New Member

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    I'm sure Conyers will fast track that one. :evil:

    At least if it comes up for a vote we can see how many of these so-called conservative democrats turn on a dime when their party nudges them.
     

  3. Macktee

    Macktee New Member

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    Yeah. Like that's ever gonna pass thru congress!

    Good intentions. Good bill. Not a snowball's chance in hell of ever becoming law. Primarily, because it makes sense!
     
  4. Foul

    Foul New Member

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    I'll be watching The voting this one VERY closely.
     
  5. Macktee

    Macktee New Member

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    You can save youself the time and trouble. We already know it'll never get out of committee.
     
  6. Foul

    Foul New Member

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    You could very well be right. But I still like to know how the people in my district who claim to represent "me" vote on such issues. More fuel to the fire come reelection time since I can prove my allegations of traitorous voting records.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    From a post at THR:
    All information as of January 17, 2007:

    RKBA BILLS IN HOUSE

    1. Citizens' Self-Defense Act of 2007 (Introduced in House) H.R.73. - Sponsor: Roscoe Bartlett - MD

    Allows people to sue in civil court for civil rights violation if they can legally own firearms under federal law; but are denied right to use firearms in self-defense by local law.

    GUN CONTROL BILLS IN HOUSE:

    1 . Child Gun Safety and Gun Access Prevention Act of 2007 (Introduced in House) H.R.256 - Sponsor: Sheila Jackson-Lee - TX

    Basically, this bill requires all firearms be sold with a gun lock. If a child (less than 18) uses a firearm and it does not have a gun lock, the owner is held liable for both civil and criminal charges (3 years imprisonment). The bill also adds a requirement that anyone under 18 cannot attend a gun show without an adult guardian present.

    2 . Domestic Violence Victim Protection Act (Introduced in House) H.R.203 - Sponsor: Stephen Rothman - NJ

    Allows officers on scene to question regarding weapons and confiscate weapons if they have probable cause to believe there was an act of domestic violence

    3 . Gun Show Loophole Closing Act of 2007 (Introduced in House) H.R.96. - Sponsor: Mike Castle - DE

    Very lengthy act, best you read it; but basically attempts to close the "loophole" where private sales are allowed at "gun shows". Defines both gun shows and "loophole" very broadly.

    4 . SAVE Act (Introduced in House) H.R.354 - Sponsor: Carolyn McCarthy - NY

    Enhanced reporting requirements for violations of gun-free school zones act

    5. NICS Improvement Act of 2007 (Introduced in House) H.R.297 - Sponsor: Carolyn McCarthy - NY

    Gives states money to computerize mental health and domestic violence records so that they may be included in the NICS database.


    GUN CONTROL BILLS IN SENATE

    1. Anti-Gun Trafficking Penalties Enhancement Act of 2007 (Introduced in Senate) S.77 - Sponsor: Chuck Schumer - NY

    Allows anti-gun groups to use firearms trace data obtained by ATF. Requires law enforcement to report all stolen firearms to the feds. Removes section of 1986 FOPA limiting ATF to one warrantless inspection of FFLs per year. Increases penalties for illegal firearms trafficking to 20 years in prison (from 10 years)

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    For those keeping track at home, that is 1 RKBA bill (Rep) and 6 Gun Control bills (5 Dem, 1 Rep). The RKBA bill has been proposed every year since 1999 and never left committee even with the Republicans in power. We'll see how the new committee chaired by strong gun control supporter John Conyers does with the other bills.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The only one in the Senate is by Chuck Schumer. If you do not know what he looks like, here is a picture:


    [​IMG]

    :lol:
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Remember, the Democrats are being "cautious" and are not going to push an anti-gun agenda . . . :roll:
     
  10. jgullock

    jgullock Active Member

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    Someone should have shown him he was holding that weapon improperly (backwards). :twisted:
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I ran across this treasonous writing on the internet. Somebody ought to investigate this wacko.



    His name is Alex something or other. Anybody know if him?
     
  12. ber950

    ber950 Active Member

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    My guess would be Hamilton. If you want to get in trouble go around quoting the founding fathers. :wink:
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, Alex something or other signed it as "Publius."

    The Department of Homeland Security can probably still find out who this mysterious and dangerous subversive is.
     
  14. Rammstein

    Rammstein New Member

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    Ah the Federalist papers.

    Always a good read.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    This link includes a bill to make a federal law banning toy guns!
     
  16. Tinkerhell

    Tinkerhell Active Member

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    :-s

    :-k Does that mean if I point my index finger at someone with my thumb sticking up & my other fingers curled in and go "BANG" that I will be in violation of the law one day?.... best go ahead & cut everyone's index finger off so that won't be a concern.

    Maybe Ms Cliton can add that to her platform.
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    "Alex" or "Publius" or whatever his name is, cannot stop himself, I guess. I stumbled upon another threatening statement by him.

    . . . but if circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in discipline and use of arms, who stand ready to defend their rights . . .
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The former one was in "28," and this is in "29." I am beginning to suspect that there may be more of these subversive pamphlets, and I have even heard rumors that there are two others participating in writing them. THis absolutely must be investigated by Homeland Security.
     
  19. Rammstein

    Rammstein New Member

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    MP, refresh my memory...

    Didn't this "Alex" fellow argue against an enumeration of rights in the constitution? And if memory serves me that was in the 84th paper.

    Surely, we can't trust a man who would not want a bill of rights.

    8)