Two Fed Bills

Discussion in 'National Laws, Bills and Politics' started by Malum Prohibitum, May 6, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    HR 1384 basically would allow sale of all firearms (not just the present rifles and shotguns) by a dealer to a nonresident if the transaction conformed to the laws of both states.

    HR 1415 is fairly complicated, but a quick read suggests it is meant to pressure states into putting more NICS data (particularly mental hospitalizations and misdemeanor DV convictions) into the NICS system.
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  3. Gunstar1

    Gunstar1 Administrator

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    Gun Law News is saying that these 2 and the ATF adjustment bill HR 5005, today were passed to the full Judiciary committee without amendment.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Wow, that link is really misleading in its summaries and synopsis.

    :|
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    HR 1415 is being sponsored by gun control proponents, and now the NRA has signed on board.

    Larry Craig, Idaho, NRA Board Member, has come out for it. Orrin Hatch, Utah, is supporting it.

    Read about it. http://www.gunowners.org/a093003.htm
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    . . . her ex-husband was killed and her son was injured on a Long Island Rail Road commuter train returning to Mineola, when a gunman, Colin Ferguson, opened fire on random passengers. McCarthy responded to the tragedy by launching a campaign against gun violence that eventually propelled her to Congress. She defeated Republican incumbent Dan Frisa, who had repeatedly voted against gun-control legislation, by 15 points.


    http://en.wikipedia.org/wiki/Carolyn_McCarthy
     
  8. Gunstar1

    Gunstar1 Administrator

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    I didn't read that part...
     
  9. Gunstar1

    Gunstar1 Administrator

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    Does it mention the fact that she platformed on the AWB to get elected when the firearm used on the train was a handgun? Which, as it is in Georgia, was already illegal to carry on the train?
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Pro-Gun Groups Disagree on Bill Improving Background Checks
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    Pro-Gun Groups Disagree on Bill Improving Background Checks
    By Susan Jones
    CNSNews.com Senior Editor
    August 30, 2006

    (CNSNews.com) - A Second Amendment group is warning gun owners that a "massive gun control bill" is now working its way through Congress -- and is surprisingly close to becoming law.

    Gun Owners of America also admits that it is the only national pro-gun group to oppose the "NICS Improvement Act of 2005" (H.R. 1415).

    Introduced by gun control advocate Rep. Carolyn McCarthy, H.R. 1415 is intended to improve the National Instant Criminal Background Check System (NICS), which screens would-be gun buyers for mental problems or criminal convictions that would bar them from buying guns.

    Most background checks are processed through NICS in seconds, but some are delayed if the FBI lacks complete, updated, and automated information from the states.

    The bill notes that approximately 24 million criminal records are not automated or not accessible to NICS; and another 16 million criminal records are not up to date. Some lack information on whether an arrested person was convicted or acquitted, for example.

    Many states have failed to computerize the necessary information and make it available to NICS in a "usable format," and that's what the McCarthy bill would address.

    But Gun Owners of America warns that the bill would give the states hundreds of millions of dollars to "further prop up the unconstitutional Brady Law." GOA argues that the federal government lacks the authority to conduct background checks on gun buyers under the Second and Tenth Amendments.

    Rep. McCarthy and Sen. Charles Schumer, both New York Democrats, first introduced this bill in 2002 after a double murder at a Long Island Catholic church. The gunman had passed an instant background check because the NICS did not have information about his mental health problems and a restraining order that should have prevented him from buying a gun.

    The bill passed the House in 2002, but was killed in the Senate.

    "There are many good pro-gun members on the committee who are being fed misinformation," Gun Owners of America said. "They're being told that this is a harmless bill that will simply make the Brady law work more efficiently."

    According to Gun Owners of America, the bill is "anything but harmless" because it will make available to the federal government millions of state records "that could include state tax returns, employment records, library records, DMV, hospital, mental health and some misdemeanor records -- all in the name of making sure you're not prohibited from owning a gun."

    GOA argues that the bill will allow for an enormous data dump from the states to the federal government -- "laying the infrastructure for even more gun control in the future."

    "H.R. 1415, perhaps the most massive expansion of gun control since the Brady bill passed in 1993, is not a bill that should be supported by pro-gun conservatives," GOA said. It warns that the bill's strongest supporters include anti-gun lawmakers and gun control groups.

    "If you don't act quickly, your representative will hear only voices of support for this monstrosity," Gun Owners of America said.

    Okay with NRA

    The National Rifle Association takes a less ominous view of the bill.

    "This bill...would improve availability of criminal history and other records for conducting background checks on firearm buyers," says an analysis on the NRA's Institute for Legislative Action website.

    The NRA said the bill, among other things, also prohibits the FBI from charging a user fee for background checks on gun buyers.

    The NRA agrees that NICS records are inadequate -- and it notes that inaccurate or incomplete records can delay firearm purchases and result in "wrongful denials" of law-abiding gun-buyers.

    "This bill would help fix those problems," the NRA-ILA said. "Importantly," the NRA noted, H.R. 1415 also requires removal of records that are incorrect or irrelevant in determining a person's eligibility to buy a firearm.

    For instance, if a person was at one time committed to a mental institution, but was later found not to be mentally ill, that record should be removed from instant check databases, the NRA said.

    The bill requires federal agencies and states to provide "all relevant records" to the FBI for use in the NICS system.According to the NRA, "This would generally include records of convicted felons, fugitives from justice, persons convicted of misdemeanor crimes of domestic violence, and persons subject to domestic restraining orders, as well as federal records of illegal aliens."

    It also includes records of people who have been adjudicated mentally defective or committed to a mental institution.

    H.R. 1415 passed of a House crime subcommittee in May and is slated to come before the full Judiciary Committee in September.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    SUMMARY OF THE PREVIOUS POST


    GOA's concerns:

    Quote:
    According to Gun Owners of America, the bill is "anything but harmless" because it will make available to the federal government millions of state records "that could include state tax returns, employment records, library records, DMV, hospital, mental health and some misdemeanor records -- all in the name of making sure you're not prohibited from owning a gun."


    OR the NRA view:

    Quote:
    The bill requires federal agencies and states to provide "all relevant records" to the FBI for use in the NICS system. According to the NRA, "This would generally include records of convicted felons, fugitives from justice, persons convicted of misdemeanor crimes of domestic violence, and persons subject to domestic restraining orders, as well as federal records of illegal aliens."


    Like Fox News:
    We report - you decide.

    :D
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    GOA points out that 31 of the 32 sponsors are rated "F" by the GOA and one is rated "D".

    :shock:

    The NRA and the NSSF supoprt it, though . . .
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    More on HR 1384. I have not heard much about it, but it is introduced by a Georgia Representative, and it looks like a good bill.


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    H.R. 1384: The Firearms Commerce Modernization Act


    H.R. 1384, introduced by Rep. Phil Gingrey (R-Ga.), would remove several antiquated and unnecessary restrictions imposed on interstate firearms business since 1968:

    Virtually all interstate transfers directly between private citizens are banned; so are nearly all interstate handgun sales by licensed dealers.
    Firearms dealers may only do business at their licensed premises or (since 1986) at gun shows in their own state.
    Dealers may not even transfer firearms to one another face to face, away from their business premises.

    These restrictions originated with the Gun Control Act of 1968, which only allowed licensed dealers to sell rifles and shotguns to residents of a different state under a lengthy series of conditions. First, the buyer`s state had to have a law allowing such transactions.[1] Second, the transaction had to comply with the state law in both the buyer`s and seller`s states. Third, the dealer had to notify the chief law enforcement officer in the buyer`s state, and wait for evidence that the officer had received the notification. Finally, the dealer had to wait seven days after receiving the notice before completing the transfer.

    These restrictions were supposed to prevent buyers from evading the few "background checks" available at the time, which were mostly carried out via state laws requiring local police chiefs to issue firearms permits.

    In the 1980s, the Congress revisited these restrictions during the debate over the Firearms Owners` Protection Act (FOPA). As the Senate Judiciary Committee`s report on FOPA put it, the 1968 interstate sales provisions were "so cumbersome that they [were] rarely used."[2] When the Congress passed FOPA in 1986, it did away with the state authorization, notification and waiting period requirements. Federal law now allows dealers to make interstate rifle and shotgun sales, as long as (a) the buyer meets in person with the dealer, and (b) the transaction complies with the laws of both the buyer`s and the seller`s states.[3]

    Since 1998, however, all people buying firearms from dealers in the U.S. have been subject to computerized background checks under the FBI`s National Instant Criminal Background Check System (NICS), either by the dealer contacting NICS (directly or through a state "point of contact" agency) or by the buyer presenting a state firearms permit issued after a NICS check. Any of these systems are far more advanced than anything available in 1968.

    H.R. 1384 is a common sense measure that takes advantage of these technological improvements to further reduce restrictions on law-abiding citizens. Under H.R. 1384:

    Individuals could buy handguns, as well as rifles or shotguns, from licensed dealers in another state, subject to the background check requirement. The buyer and dealer would still have to meet in person and comply with the laws of both states.

    Example 1: A buyer from Texas visits a gun store in Oklahoma and wants to buy a handgun. Neither Texas nor Oklahoma have any special state permit or other purchase requirements; dealers in both states contact the FBI directly for NICS checks. The Oklahoma dealer could make the sale to the Texan exactly as he could to an Oklahoman, by contacting the FBI for a NICS check. (This is the same procedure an Oklahoma store would currently use to sell a long gun to a Texan.)

    Example 2: A buyer from Nebraska visits a gun store in Wyoming and sees a handgun he wants to add to his collection. Nebraska requires a handgun buyer to have a "certificate" issued by his local sheriff or police chief after a background check. Wyoming has no state permit requirement, but the dealer still has to request a NICS check by contacting the FBI. The dealer would have to make sure the buyer has the Nebraska certificate, and also contact NICS.
    Dealers could engage in their business at gun shows in other states, but would have to comply with the laws in the state where the gun show takes place.

    Example 3: A dealer from Arkansas exhibits at a gun show in Illinois. Illinois requires all gun buyers to present a Firearms Owners` ID (FOID) card, and requires all dealers to contact the Illinois State police to request a background check on the buyer. Illinois also has a 24-hour waiting period for long guns, and a 72-hour waiting period for handguns. Before transferring any firearm at the show, the Arkansas dealer would have to review the buyer`s FOID card, contact the Illinois State Police for the background check, and wait the appropriate period of time based on the type of gun involved.

    Some state laws may be so complex that they would prevent interstate transactions. The 1984 committee report on FOPA recognized this problem, noting "where a dealer feels uncertain about the requirements of the law of the state of the purchaser`s residence, he may "decline to make a sale to such person."[4] H.R. 1384 does not override the laws of any state.

    Finally, H.R. 1384 would reduce theft and loss of firearms during shipment between dealers. BATFE`s longstanding interpretation of the Gun Control Act generally forbids licensed dealers from transferring firearms directly to other licensed dealers, face to face, away from their licensed premises.[5] Even though the dealers have already had a thorough background check, under the current interpretation, dealers who agree on a sale are forced to return to their business premises and ship firearms to each other by common carrier, which always involves some risk of theft or loss. H.R. 1384 would allow a face-to-face exchange instead.

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    [1] At least 31 states passed such laws. Though the laws are now obsolete, 30 states still have them on the books.

    [2] S. Rep. No. 98-583, at 10 (1984). There was no report on FOPA in 1986; the report is on an earlier version that included the same language.

    [3] 18 U.S.C. "922(b)(3." Dealers are presumed to have knowledge of state laws; the Bureau of Alcohol, Tobacco, Firearms and Explosives also provides dealers with an annual guidebook.

    [4] S. Rep. No. 98-583, at 11.

    [5] See, e.g., letter from Bradley A. Buckles, Director, Bureau of Alcohol, Tobacco and Firearms, to Rep. Jim Kolbe (Sept. 28, 2000). The only exception, due to a 1996 amendment to the Gun Control Act, is for "curios or relics" firearms "of special interest to collectors" due to their age, rarity, or historical importance. 18 U.S.C. "923(j); 27 C.F.R." 478.11.


    Posted: 5/24/2006

    http://www.nraila.org/Issues/FactShe...ad.aspx?ID=199