Galloism
09-03-2009, 06:14
Now, I read through all this, and I fully admit I had trouble with it, but I picked out some things. Has anyone read this bill yet?
Linky~ (http://www.opencongress.org/bill/111-h45/text)
First of all, this bill applies to the following firearms:
‘(36) The term ‘qualifying firearm’--
‘(A) means--
‘(i) any handgun;
‘(ii) any semiautomatic firearm that can accept any detachable ammunition feeding device;
‘(B) does not include any antique.’.
So, not rifles or shotguns, but anything else.
Next:
(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;
(10) the signature of the applicant.
So, you have to provide your whole life, and take a test in order to own a gun (even one you already own). Next:
(c) Fees-
1
(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.
Up to $25 per year fee for maintaining all this data about you. Which, given a couple years, would be exactly $25 per year.
‘(bb) Unauthorized Sale or Transfer of a Qualifying Firearm- It shall be unlawful for any person to sell, deliver, or otherwise transfer a qualifying firearm to, or for, any person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, or to receive a qualifying firearm from a person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless, at the time and place of the transfer or receipt--
‘(1) the transferee presents to a licensed dealer a valid firearm license issued to the transferee--
‘(A) under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009; 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 established by the State in which the transfer or receipt occurs;
‘(2) the licensed dealer contacts the Attorney General or the head of the State agency that administers the certified system described in paragraph (1)(B), as applicable, and receives notice that the transferee has been issued a firearm license described in paragraph (1) and that the license remains valid;
‘(3) the licensed dealer records on a document (which, in the case of a sale, shall be the sales receipt) a tracking authorization number provided by the Attorney General or the head of the State agency, as applicable, as evidence that the licensed dealer has verified the validity of the license.’.
No such thing as a private gun sale anymore if this bill were to go through. You would always have to go through dealers. There will be significant cost pursuant to that.
‘(ff) Failure To Provide Notice of Change of Address- It shall be unlawful for any individual to whom a firearm license has been issued under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 to fail to report to the Attorney General a change in the address of that individual within 60 days of that change of address.’.
If you move, remember to update your firearm license. Don't forget that, or you can wind up in jail.
In order to ascertain compliance with this Act, the amendments made by this Act, and the regulations and orders issued under this Act, the Attorney General may, during regular business hours, enter any place in which firearms or firearm products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are so manufactured, stored, or held.
This seems to only apply to manufacturers and distributors, the way it's worded. If I'm wrong on that, please let me know so I can be more outraged. However, it still seems like it would run afoul of unreasonable search and seizure.
Ok, so here's what I picked out. Does anyone else find a problem with this bill? Does anyone have any problem with my comment on what I found in the bill? Hit me. I'm ready.
(By the way, this bill is likely to die in committee, at least I hope so, but I thought NSG should be aware.)
Linky~ (http://www.opencongress.org/bill/111-h45/text)
First of all, this bill applies to the following firearms:
‘(36) The term ‘qualifying firearm’--
‘(A) means--
‘(i) any handgun;
‘(ii) any semiautomatic firearm that can accept any detachable ammunition feeding device;
‘(B) does not include any antique.’.
So, not rifles or shotguns, but anything else.
Next:
(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;
(10) the signature of the applicant.
So, you have to provide your whole life, and take a test in order to own a gun (even one you already own). Next:
(c) Fees-
1
(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.
Up to $25 per year fee for maintaining all this data about you. Which, given a couple years, would be exactly $25 per year.
‘(bb) Unauthorized Sale or Transfer of a Qualifying Firearm- It shall be unlawful for any person to sell, deliver, or otherwise transfer a qualifying firearm to, or for, any person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, or to receive a qualifying firearm from a person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless, at the time and place of the transfer or receipt--
‘(1) the transferee presents to a licensed dealer a valid firearm license issued to the transferee--
‘(A) under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009; 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 established by the State in which the transfer or receipt occurs;
‘(2) the licensed dealer contacts the Attorney General or the head of the State agency that administers the certified system described in paragraph (1)(B), as applicable, and receives notice that the transferee has been issued a firearm license described in paragraph (1) and that the license remains valid;
‘(3) the licensed dealer records on a document (which, in the case of a sale, shall be the sales receipt) a tracking authorization number provided by the Attorney General or the head of the State agency, as applicable, as evidence that the licensed dealer has verified the validity of the license.’.
No such thing as a private gun sale anymore if this bill were to go through. You would always have to go through dealers. There will be significant cost pursuant to that.
‘(ff) Failure To Provide Notice of Change of Address- It shall be unlawful for any individual to whom a firearm license has been issued under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 to fail to report to the Attorney General a change in the address of that individual within 60 days of that change of address.’.
If you move, remember to update your firearm license. Don't forget that, or you can wind up in jail.
In order to ascertain compliance with this Act, the amendments made by this Act, and the regulations and orders issued under this Act, the Attorney General may, during regular business hours, enter any place in which firearms or firearm products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are so manufactured, stored, or held.
This seems to only apply to manufacturers and distributors, the way it's worded. If I'm wrong on that, please let me know so I can be more outraged. However, it still seems like it would run afoul of unreasonable search and seizure.
Ok, so here's what I picked out. Does anyone else find a problem with this bill? Does anyone have any problem with my comment on what I found in the bill? Hit me. I'm ready.
(By the way, this bill is likely to die in committee, at least I hope so, but I thought NSG should be aware.)