blake
Life Member
<span style='font-size: 14pt'>Guys, this is lenghty! But if this doesn't get your blood boiling then I don't know what will. /forum/images/%%GRAEMLIN_URL%%/mad.gif /forum/images/%%GRAEMLIN_URL%%/mad.gif
As always your input is appreciated.</span>
Firearms Legislation In The 111th Congress
Gun Owners of America analysis of current House Bills:
H.R. 45:
This bill would require a license for handguns and semiautomatics,including those currently possessed. The applicant must be thumb printed and sign a certification that, effectively, the firearm will not be kept in a place where it would be available for the defense of the gun owner’s family. The applicant must also make available ALL of his psychiatric records, pass an exam, and pay a fee of up to $25. The license may be renewed after five years and may be revoked. Private sales would be outlawed, and reports to the attorney general of all transactions would be required, even when, as the bill allows, the AG determines that a state licensing system is sufficiently draconian to substitute for the federal license. With virtually no exceptions, ALL firearms transactions (involving semi-autos, handguns, longguns, etc.) would be subject to a Brady check. In addition, the bill would make it unlawful in nearly all cases to keep any loaded firearm for self-defense. A variety of “crimes by omission” (such as failure to report certain things) would be created. Criminal penalties of up to ten years and almost unlimited regulatory and inspection authority would be established.
H.R.45
Blair Holt's Firearm Licensing and Record of Sale Act of 2009 (Introduced in House)
SEC. 102. APPLICATION REQUIREMENTS.
(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; and
(10) the signature of the applicant.
(b) Regulations Governing Submission- The Attorney General shall promulgate
regulations specifying procedures for the submission of applications to the
Attorney General under this section, which regulations shall--
(1) provide for submission of the application through a licensed dealer or an
office or agency of the Federal Government designated by the Attorney General;
(2) require the applicant to provide a valid identification document (as defined
in section 1028(d)(2) of title 18, United States Code) of the applicant,
containing a photograph of the applicant, to the licensed dealer or to the
office or agency of the Federal Government, as applicable, at the time of
submission of the application to that dealer, office, or agency; and
(3) require that a completed application be forwarded to the Attorney General
not later than 48 hours after the application is submitted to the licensed
dealer or office or agency of the Federal Government, as applicable.
(c) Fees-
(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.
SEC. 103. ISSUANCE OF LICENSE.
(a) In General- The Attorney General shall issue a firearm license to an applicant
who has submitted an application that meets the requirements of section 102 of
this Act, if the Attorney General ascertains that the individual is not prohibited
by subsection (g) or (n) of section 922 of title 18, United States Code, from
receiving a firearm.
(b) Effect of Issuance to Prohibited Person- A firearm license issued under this
section shall be null and void if issued to a person who is prohibited by
subsection (g) or (n) of section 922 of title 18, United States Code, from
receiving a firearm.
(c) Form of License- A firearm license issued under this section shall be in the
form of a tamper-resistant card, and shall include--
(1) the photograph of the licensed individual submitted with the application;
(2) the address of the licensed individual;
(3) the date of birth of the licensed individual;
(4) a license number, unique to each licensed individual;
(5) the expiration date of the license, which shall be the date that is 5 years
after the initial anniversary of the date of birth of the licensed individual
following the date on which the license is issued (or in the case of a license
renewal, following the date on which the license is renewed under section 104);
(6) the signature of the licensed individual provided on the application, or a
facsimile of the application; and
(7) centered at the top of the license, capitalized, and in boldface type, the
following:
`FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.
SEC. 104. RENEWAL OF LICENSE.
(a) Application for Renewal-
(1) IN GENERAL- In order to renew a firearm license issued under this title, not
later than 30 days before the expiration date of the license, the licensed
individual shall submit to the Attorney General (in accordance with the
regulations promulgated under paragraph (3)), in a form approved by the Attorney
General, an application for renewal of the license.
(2) CONTENTS- An application submitted under paragraph (1) shall include--
(A) a current, passport-sized photograph of the applicant that provides a
clear, accurate likeness of the applicant;
(B) current proof of identity of the licensed individual; and
(C) the address of the licensed individual.
(3) REGULATIONS GOVERNING SUBMISSION- The Attorney General shall promulgate
regulations specifying procedures for the submission of applications under this
subsection.
(b) Issuance of Renewed License- Upon approval of an application submitted under
subsection (a) of this section, the Attorney General shall issue a renewed
license, which shall meet the requirements of section 103(c), except that the
license shall include the current photograph and address of the licensed
individual, as provided in the application submitted under this section, and the
expiration date of the renewed license, as provided in section 103(c)(5).
SEC. 105. REVOCATION OF LICENSE.
(a) In General- If an individual to whom a license has been issued under this
title subsequently becomes a person who is prohibited by subsection (g) or (n) of
section 922 of title 18, United States Code, from receiving a firearm--
(1) the license is revoked; and
(2) the individual shall promptly return the license to the Attorney General.
(b) Administrative Action- Upon receipt by the Attorney General of notice that an
individual to whom a license has been issued under this title has become a person
described in subsection (a), the Attorney General shall ensure that the individual
promptly returns the license to the Attorney General.
TITLE II--RECORD OF SALE OR TRANSFER
SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.
Section 922 of title 18, United States Code, as amended by section 101 of this
Act, is amended by adding at the end the following:
`(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; and
`(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.'.
SEC. 202. FIREARM RECORDS.
(a) Submission of Sale or Transfer Reports- Not later than 14 days after the date
on which the transfer of qualifying firearm is processed by a licensed dealer
under section 922(bb) of title 18, United States Code (as added by section 201 of
this Act), the licensed dealer shall submit to the Attorney General (or, in the
case of a licensed dealer located in a State that has a State firearm licensing
and record of sale system certified under section 602 of this Act, to the head of
the State agency that administers that system) a report of that transfer, which
shall include information relating to--
(1) the manufacturer of the firearm;
(2) the model name or number of the firearm;
(3) the serial number of the firearm;
(4) the date on which the firearm was received by the transferee;
(5) the number of a valid firearm license issued to the transferee under title I
of this Act; and
(6) the name and address of the individual who transferred the firearm to the
transferee.
(b) Federal Record of Sale System- Not later than 9 months after the date of the
enactment of this Act, the Attorney General shall establish and maintain a Federal
record of sale system, which shall include the information included in each report
submitted to the Attorney General under subsection (a).
(c) Elimination of Prohibition on Establishment of System of Registration- Section
926(a) of title 18, United States Code, is amended by striking the second
sentence.
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.'.
SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.
Section 922 of title 18, United States Code, as amended by sections 101, 201, and
301 of this Act, is amended by adding at the end the following:
`(dd) Failure To Maintain or Permit Inspection of Records- It shall be unlawful
for a licensed manufacturer or a licensed dealer to fail to comply with section
202 of Blair Holt's Handgun Licensing and Record of Sale Act of 2009, or to
maintain such records or supply such information as the Attorney General may
require in order to ascertain compliance with such Act and the regulations and
orders issued under such Act.'.
SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301,
and 302 of this Act, is amended by adding at the end the following:
`(ee) Failure To Report Loss or Theft of Firearm- It shall be unlawful for any
person who owns a qualifying firearm to fail to report the loss or theft of the
firearm to the Attorney General within 72 hours after the loss or theft is
discovered.'.
SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301,
302, and 303 of this Act, is amended by adding at the end the following:
`(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.'.
SEC. 305. CHILD ACCESS PREVENTION.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301,
302, 303, and 304 of this Act, is amended by adding at the end the following:
`(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 years.
`(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--
`(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.
`(3) EXCEPTIONS- Paragraph (2) shall not apply if--
`(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.'.
TITLE IV--ENFORCEMENT
SEC. 401. CRIMINAL PENALTIES.
(a) Failure To Possess Firearm License; Failure To Comply With Qualifying Firearm
Sale or Transfer Requirements; Failure To Maintain or Permit Inspection of
Records- Section 924(a) of title 18, United States Code, is amended by adding at
the end the following:
`(8) Whoever knowingly violates subsection (aa), (bb), or (dd) of section 922
shall be fined under this title, imprisoned not more than 2 years, or both.'.
(b) Failure To Comply With Universal Background Checks; Failure To Timely Report
Loss or Theft of a Qualifying Firearm; Failure To Provide Notice of Change of
Address- Section 924(a)(5) of such title is amended by striking `(s) or (t)' and
inserting `(t), (cc), (ee), or (ff)'.
(c) Child Access Prevention- Section 924(a) of such title, as amended by
subsection (a) of this section, is amended by adding at the end the following:
`(9) Whoever violates section 105(a)(2) of Blair Holt's Handgun Licensing and
Record of Sale Act of 2009, knowingly or having reason to believe that the person
is prohibited by subsection (g) or (n) of section 922 of title 18, United States
Code, from receiving a firearm, shall be fined under this title, imprisoned not
more than 10 years, or both.
`(10) Whoever violates section 922(gg) shall be fined under this title, imprisoned
not more than 5 years, or both.'.
SEC. 402. REGULATIONS.
(a) In General- The Attorney General shall issue regulations governing the
licensing of possessors of qualifying firearms and the recorded sale of qualifying
firearms, consistent with this Act and the amendments made by this Act, as the
Attorney General determines to be reasonably necessary to reduce or prevent deaths
or injuries resulting from qualifying firearms, and to assist law enforcement in
the apprehension of owners or users of qualifying firearms used in criminal
activity.
(b) Maximum Interval Between Issuance of Proposed and Final Regulation- Not later
than 120 days after the date on which the Attorney General issues a proposed
regulation under subsection (a) with respect to a matter, the Attorney General
shall issue a final regulation with respect to the matter.
SEC. 403. INSPECTIONS.
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.
SEC.
--------------------------------------------------------------------------------
PM
Ron Wyllie
Southwest Iowa IBA Area Representative
rwyllie@iowawhitetail.com
