HB 952 Handguns; license to carry; certain restrictions on

Discussion in 'Previous Bills' started by Gunstar1, Dec 26, 2005.

  1. Gunstar1

    Gunstar1 Administrator

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  2. seajay

    seajay Active Member

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    It looks as though this would again qualify the GFL in place of a NICS when purchashing a firearm.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    These are additional restrictions on firearms licenses and also makes it harder to get a renewal license!

    The following would be ineligible from obtaining a license that currently are not:

    Adds those indicted of felonies as ineligible (whereas now it is only those convicted);

    Adds unlawful users of drugs or addicts (whereas now it it only those convicted);

    Adds those adjudicated "mental defectives" and those committed to a mental institution (whereas now it is only those hospitalized within last five years);

    Adds illegal immigrants and legal immigrants visiting on visa except in certain circumstances, such as "officials of a foreign government";

    Adds those discharged from armed services dishonorably;

    Adds those who have renounced their citizenship;

    Adds anyone subject to a domestic violence restraining order;

    Adds anyone convicted of a misdemeanor crime of "domestic violence;" and

    makes the process for renewal of licenses the same as the initial application for a license - fingerprinting, long wait, and all . . .
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Effects


    Please take the following test:


    (1) You are indicted of a felony by an overzealous prosecutor but subsequently found not guilty by a jury of your peers. If HB 952 were to become law, and you apply for a firearms license in twenty years, will you be denied or approved?


    (2) The probate judge receives word from the local sheriff that he thinks you are a "doper" but he has been unable to arrest you so far, although he did arrest your teenage son and your live in girlfriend on drug charges. HB 952 becomes law, and you apply for a license. Are you approved or denied?

    Bonus question : 2(b) What is the intent of adding users and addicts if the current law already proscribes those convicted of any drug offense? What is the standard of proof required? Explain.

    (3) You were a suicidal little maniac as a teenager because you had a sexually and physical abusive set of foster parents after your real parents died in a car crash (not that this is easy to believe given DFACS wonderful track record). You get older, go into the military, do some growing up, and convert to Christianity. You live and exemplary life, and now, at the age of seventy, your neighborhood is going downhill. You fear taking walks and apply for a firearms license. Some "available information shows" that you were, in fact, committed briefly to a mental institution back when you were a suicidal little maniac. Is your application approved or denied?


    (4) Your wife takes out a restraining order against you because she is afraid, and, after all, you own guns. You apply for your renewal license. Result?

    Because of the bonus question, more than 100 points are available.
     
  5. seajay

    seajay Active Member

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    Ok so maybe I should go back and read the whole thing? I only saw the part where they did a NICS check for renewal and set time lines for revoking if you are convicted.
     
  6. Gunstar1

    Gunstar1 Administrator

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    This is a poorly thought out bill. I am not sure the author read or understood the law before submitting this.
    Such as in Georgia almost every "domestic violence" crime is at the least a forcible misdemeanor. I think stalking and criminal trespass on a current or past family member are the ones that are not a forcable misdemeanor.

    Lets look first at the first change:
    Ok that adds those that have not been convicted, just accused of a felony to the list. Well it would if the paragraph (2) right before it did not do the same thing:
    So the first change actually makes things more confusing, it does not change the law as it is now.

    Second change:
    Which I can only guess means that is for people that a DA cannot convict. The conviction deck is already stacked against you.
    I guess for those that they just can't "convict" with legal evidence can just be added to the list as well. I guess that poppy seed muffin you ate on the way to work could qualify you.


    The rest:
    Removes the 5 year limit on mental hospitalization before acceptance, to denied for life.

    Denial to pretty much all aliens in Georgia, legal or illegal except for foreign LEO's and foreign dignitaries.

    Denial to dishonorable discharge, regardless of reason for the dishonor.

    Anyone who denounced their citizenship.

    Anyone under a restraining order for domestic violence, as long as the person was notified of the court date to appear.

    Removes the 5 year limit after free of all restrictions and supervision on a forcible misdemeanor conviction that was "domestic violence", to denied for life.

    The $24 GCIC fee must be paid for a renewal.

    Fingerprints must be processed by the GCIC, a computer based search using the Sheriff's GCIC link during renewal is not allowed. (which is why renewals take far less time, your fingerprints and name are on file, so they already know you are who you say you are)

    The only thing I think is a good idea is the very last part added:
     
  7. jrm

    jrm Sledgehammer

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    I have not done a one-for-one comparison yet, but it appears to me that the new restrictions are designed to make a GFL an acceptable substitute for the NICS. The BATFE told the GBI that the GFL no longer would be acceptable because a state firearms license is not acceptable if it allows issuance to a license to someone who has a federal disability from obtaining a firearm.

    The federal yellow form you have to fill out to buy a gun has the list of disabilities (you know, all the boxes you check "no" to). If memory serves me, the proposed GA bill just mirrors that check list. For example, federal law (and hence, the yellow form) prohibit the sale of a gun to someone who is under indictment or accusation for a felony. So, in order for the GFL to qualify as an alternative to the NICS, you can't get a GFL if you are under indictment for a felony. Likewise, a renewal cannot be any less restrictive than a new issuance.

    Are the additional restrictions on the GFL worth it? The answer to that probably varies from individual to individual.
     
  8. Gunstar1

    Gunstar1 Administrator

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    JRM, you do have a point and I did do a quick comparison and you are correct, but it is very poorly written. I have thought about it for a little bit and here is what I have come up with:

    Add a line to paragraph (b) Licensing exceptions. No license shall be granted to:
    (6) Any person prohibited by federal law from purchasing a firearm.

    And insert a few words in paragraph (c)(3)
    From what I understand that would get NICS exemption back and it is not confusing. It also does not add an extra month and $24 to the price of the renewal.
     
  9. jrm

    jrm Sledgehammer

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    I looked at AZ's law, as a an AZ CCW still qualifies as an exemption from the NICS check. AZ prohibits issue of CCWs to people under indictment for felonies and people with mental illness or previous confinement for mental illness. AZ requires fingerprints for the first renewal of the CCW, but not for subsequent renewals (I don't undersand that one). Finally, the AZ CCW is suspended by operation of law if the holder is arrested or indicted for a felony.

    I don't think we want to use AZ as a model.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I think the link with the list of approved stated is one of the posts that disappeared . . .
     
  11. jrm

    jrm Sledgehammer

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    Here are AR's requirements (the ATF's web site lists AR as currently qualifying):

    § 5-73-309. License--Requirements

    The Director of the Department of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant:


    (1)(A)(i)(a) Is a citizen of the United States; and

    (b) Is a resident of the state and has been a resident continuously for twelve (12) months or longer immediately preceding the filing of the application.


    No fingerprints are taken for renewals (at least the statute doesn't say so), but a new background check is performed. Also, like AZ, licenses are suspended if the holder is arrested for "a crime requiring suspension."
    (ii) Provided, this shall not apply to any:

    (a) Retired city, county, state, or federal law enforcement officers; or

    (b) Active duty military personnel who submit documentation of their active duty status;

    (B) Is twenty-one (21) years of age or older;

    (C) Does not suffer from a mental or physical infirmity which prevents the safe handling of a handgun and has not threatened or attempted suicide;

    (D)(i) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for same and had firearms possession rights restored; and



    (ii) Is not subject to any federal, state or local law which makes it unlawful to receive, possess or transport any firearm, and has had his or her background checked through the Federal Bureau of Investigation's National Instant Criminal Background Check System;

    (E)(i) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired.

    (ii) It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the provisions of the Uniform Controlled Substances Act, § 5-64- 101 et seq., or similar laws of any other state or the United States relating to controlled substances within the three-year period immediately preceding the date on which the application is submitted;

    (F)(i) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired.

    (ii) It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to
    the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

    (G) Desires a legal means to carry a concealed handgun to defend himself;

    (H) Has not been adjudicated mentally incompetent;

    (I) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility;

    (J) Is not a fugitive from justice;

    (K) Has satisfactorily completed a training course as prescribed and approved by the director; and

    (L) Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution; or

    (2) Is a person who has a valid license to carry a concealed handgun issued by another state and the director determines that:

    (A) The eligibility requirements to obtain a license to carry a concealed handgun imposed by the other state are at least as rigorous as the eligibility requirements imposed by this section; and

    (B) The other state provides reciprocal licensing privileges to a person who holds a license issued under this subchapter and who has applied for a license to carry a concealed handgun in the other state.
     
  12. Gunstar1

    Gunstar1 Administrator

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