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Senate Judiciary Committee looks at Anti-Gun bills today

Discussion in 'Legal & Political Archive' started by GOG, Mar 7, 2013.

  1. GOG

    GOG State of Jefferson Well-Known Member

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    From Yahoo News today:

    WASHINGTON (Reuters) - President Barack Obama's fellow Democrats in the Senate have spread his gun-control proposals across four bills in an effort to get at least some of the less controversial measures - such as expanded background checks for gun buyers - passed into law.

    The Senate Judiciary Committee will vote as early as Thursday on the bills, which together amount to an acknowledgement by Democrats that a ban on military-style "assault" weapons is unlikely to clear Congress.

    The proposed ban on assault weapons makes up one of the four gun-control bills, all of which are likely to be approved by the Democrat-led Judiciary Committee and be considered by the full Senate, congressional aides said Tuesday.

    Senate Majority Leader Harry Reid, a Democrat from Nevada, will decide how to package the measures for a vote on the Senate floor.

    By breaking Obama's gun-control agenda into pieces, supporters hope to avoid having a less popular proposal such as the assault weapons ban contribute to the rejection of other proposals, aides said.

    The proposed ban, introduced by Democratic Senator Dianne Feinstein of California, has drawn opposition from Republicans and some Democrats. It will be the focus of a Judiciary Committee hearing on Wednesday.

    "We are taking a pragmatic approach that is designed to maximize our options," a senior Democratic aide said.

    The four bills now before the Judiciary Committee include one introduced by Democratic Senator Patrick Leahy of Vermont, the panel's chairman, that would crack down on illegal gun trafficking.

    Another bill, by California Senator Barbara Boxer, is designed to increase school safety.
    A bill, still being finalized, would call for "universal" background checks for all prospective gun buyers. Currently, only about 40 percent of buyers are screened for previous crimes or mental illness.

    Feinstein's proposal, targets assault weapons and high-capacity ammunition clips like those used in the December 14 massacre at a school in Newtown, Connecticut, that left 20 children and six adults dead - and inspired the current action on gun control.

    'NO WAY' ON ASSAULT WEAPONS BAN

    Wednesday's hearing is likely be the latest in a series of dramatic Capitol Hill hearings to reflect the passion surrounding the debate over gun control.
    Those scheduled to testify include the father of one of the students killed in Newtown, and a doctor who was in a local emergency room when victims of the shootings were brought in.
    Republican Senator Lindsey Graham of South Carolina said Democrats "are trying to create political theater" with the hearing, and that there is no way an assault weapons ban will become law.
    "It faces bipartisan opposition," he said.

    Even so, all four of the gun-control bills are widely expected to sent to the full Senate on party-line votes of 10-8, Senate aides said.

    But to clear procedural roadblocks from Republicans on the Senate floor, the measures will need 60 votes in the 100-member Senate, where Democrats and independents who support them account for 55 seats and Republicans hold 45.

    There have been calls from those in both parties for expanded background checks in an effort to keep firearms out of the hands of convicted criminals and the mentally ill.

    But a bipartisan deal has not yet been struck despite weeks of talks among four senators - Democrats Charles Schumer of New York and Joe Manchin of West Virginia and Republicans Tom Coburn of Oklahoma and Mark Kirk of Illinois.

    "It is the one thing we think can really pass, and we don't yet have an agreement on it," a Senate aide said.

    On Tuesday, Coburn said, "We're still talking."

    (Editing by David Lindsey and Cynthia Osterman)
     
  2. GOG

    GOG State of Jefferson Well-Known Member

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    From Yahoo News today as well:

    WASHINGTON (Reuters) - Less than three months after the Connecticut school massacre, members of a Senate committee on Thursday will cast the first votes in Congress on measures backed by President Barack Obama to tighten gun laws.

    The Democratic-controlled Senate Judiciary Committee is expected to approve the four bills that make up the gun-control package in votes over the next day or so.

    That will set up battles in the full Senate over a proposed ban on assault weapons and expanding background checks on prospective gun buyers.

    Wider background checks had been seen as having a good chance in Congress, but the effort has stumbled in recent days over a dispute about whether to keep records of private gun sales. Republicans fear such records would be a first step to a government register of gun owners.

    Republican Senator Tom Coburn of Oklahoma appeared more optimistic on Thursday about the possibility of reaching an agreement with Democrats on background checks.
    "I think we'll ultimately get there even though the outside groups aren't comfortable with it yet," Coburn said on MSNBC's "Morning Joe."

    The drive for gun-control laws has taken on a new urgency since the December shooting in which a gunman killed 20 children and six adults at a school in Newtown, Connecticut.

    It has become one of Obama's top domestic priorities, along with immigration reform and fixing a series of budget messes.
    But reviving an assault-weapons ban that expired in 2004 has almost no chance in Congress, with opposition from Republicans and some Democrats.

    The two parties are closer to agreement on the two lesser elements of the gun-control drive: cracking down on the illegal trafficking of firearms and bolstering school security.

    Prospects for the measure to combat unlawful gun trafficking improved on Monday when Senate Judiciary Committee Chairman Patrick Leahy, a Vermont Democrat, picked up four co-sponsors - two Republicans and two Democrats.
    The panel's top Republican, Senator Charles Grassley, said he might also back the measure, which would toughen statutes against "straw purchasers," people who profit from buying guns then selling them to those prohibited from owning firearms.
    "The practice of straw purchasing is used for one thing — to put firearms into the hands of those that are prohibited by law from having them. Many are then used to further violent crimes," Leahy said on Tuesday.

    Senator Barbara Boxer, a California Democrat, has gained bipartisan support for her measure to provide $40 million a year for 10 years in matching federal grants to schools to strengthen security.
    It would authorize the Justice Department to create a National Center for Campus Public Safety to serve as a clearing house for best practices and information.

    "Congress spends hundreds of millions a year to protect its members. It can certainly spend $40 million a year to protect our children," Boxer said on Monday.

    Democrats control the Senate Judiciary Committee 10-8 but they might need 60 votes to clear gun control legislation in the 100-member Senate where they have only a 55-45 majority.

    (Editing by Alistair Bell, David Brunnstrom and Vicki Allen)
     
  3. Kable

    Kable Lynnwood Active Member

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    Yeah I've been following this stuff and none of it is good. I just started reading the gun trafficking bill and it is total BS. There are a lot of parts to it but some that should scare us all is if you sell to anyone who is from another state that is gun trafficking and if you sell more than 2 guns and 1 goes to someone who shouldn't have it you are guilty of gun trafficking. As the law stands now you are not supposed to sell to someone you know or should know can't have a gun but this bill goes beyond and even if you don't know and wouldn't suspect that person to not be allowed to have a gun you would be guilty so essentially even without a separate universal background check bill you would start having to do all transactions through an FFL just to CYA
     
    GOG and (deleted member) like this.
  4. Kable

    Kable Lynnwood Active Member

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    Gun trafficking bill text... happy reading...



    HR 722 IH

    113th CONGRESS

    1st Session

    H. R. 722

    To combat illegal gun trafficking, and for other purposes.

    IN THE HOUSE OF REPRESENTATIVES

    February 14, 2013

    Mr. KING of New York (for himself, Mr. BISHOP of New York, Mr. MORAN, Mr. FARR, and Mr. RANGEL) introduced the following bill; which was referred to the Committee on the Judiciary

    A BILL

    To combat illegal gun trafficking, and for other purposes.

    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 ‘Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2013’.

    SEC. 2. ILLEGAL GUN TRAFFICKING.

    Section 924 of title 18, United States Code, is amended by adding at the end the following:

    ‘(q) Whoever, in or affecting interstate or foreign commerce in violation of subsection (a)(1)(A), (a)(3), (a)(6), (b)(2), (b)(3), (b)(5), (d), (g), (i), (j), (k), (m), or (n) of section 922 or subsection (c) or (h) of this section--

    ‘(1) offers for sale, transfer, or barter 2 or more firearms, at least 2 of which are handguns, semiautomatic assault weapons, short-barreled shotguns, short-barreled rifles, or machineguns; and

    ‘(2) at least 1 of the firearms--

    ‘(A) is transported, received, or possessed by the person, and--

    ‘(i) is stolen; or

    ‘(ii) has had the importer’s or manufacturer’s serial number removed, obliterated, or altered; or

    ‘(B) is offered by the person for sale, transfer, or barter to another person who--

    ‘(i) is prohibited from possessing a firearm under subsection (g) or (n) of section 922;

    ‘(ii) is prohibited by State law from possessing a firearm;

    ‘(iii) has not attained 18 years of age, except as otherwise allowed under Federal or State law;

    ‘(iv) is in a school zone; or

    ‘(v) has travelled from any State into any other State, and acquires or attempts to acquire the firearm otherwise in violation of Federal or State law,

    shall be fined under this title, imprisoned not more than 20 years, or both.’.

    SEC. 3. EXPANSION OF PROJECT SAFE NEIGHBORHOODS.

    Section 104 of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273) is amended--

    (1) in subsection (a), by inserting ‘, illegal gun trafficking,’ after ‘violence’; and

    (2) in subsection (b), by striking ‘2002’ and inserting ‘2013’.

    SEC. 4. REPORT TO THE CONGRESS.

    Beginning in calendar year 2013, the Attorney General shall submit biennially to the Congress a written report, covering the preceding 2 years, which specifies--

    (1) the State of origin for each firearm, used in a crime, that was traced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the State in which the firearm was recovered;

    (2) the total number of firearms so traced, by manufacturer, model, and type of firearm;

    (3) the name of Federal firearms licensees who have had more than 5 firearms, used in a crime, traced back to them in a single year; and

    (4) the number of prosecutions for each individual offense under sections 922, 923, and 924 of title 18, United States Code.

    SEC. 5. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING THE COMMISSION OF A FELONY.

    Section 924 of title 18, United States Code, as amended by section 2 of this Act, is amended by adding at the end the following:

    ‘(r) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding 1 year, receives, possesses, conceals, barters, sells, or disposes of any stolen firearm or stolen ammunition, in or affecting interstate or foreign commerce, whether or not the person is aware that the firearm or ammunition is stolen, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years.’.

    SEC. 6. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE.

    (a) Availability- The Federal Bureau of Investigation shall make available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives the National Crime Information Center Gun File for the purpose of enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to access the file while completing a crime gun trace.

    (b) Use- The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall conduct a search of the National Crime Information Center Stolen Gun File with respect to each firearm submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for tracing.

    (c) Notification Regarding Stolen Firearms- If a law enforcement agency requests the Bureau of Alcohol, Tobacco, Firearms, and Explosives to trace a firearm, and the National Crime Information Center Stolen Gun File indicates that the firearm is stolen, then the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the law enforcement agency of that information and provide the law enforcement agency with any available information regarding the owner of the firearm.

    (d) Return of Stolen Firearms Possessed by BATFE- If the Bureau of Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which the National Crime Information Center Stolen Gun File indicates is stolen, the Bureau shall return the firearm to the person who reported the firearm stolen, when the Bureau determines that--

    (1) the firearm is no longer needed for Federal, State, or local criminal investigation or evidentiary purposes; and

    (2) the person is entitled to possess the firearm.

    (e) National Instant Stolen Gun Check System-

    (1) ESTABLISHMENT- Within 2 years after the date of the enactment of this Act, the Attorney General shall establish a national instant stolen gun check system that any licensee may contact, by telephone or other electronic means, for information to be supplied immediately on whether a firearm to be received by the licensee is stolen.

    (2) INSTANT CHECK OF STATUS OF FIREARMS TO BE TRANSFERRED TO CERTAIN FEDERAL FIREARMS LICENSEES BY NON-LICENSEES- If the national instant stolen gun check system is contacted by a licensee for information on whether a firearm to be received by the licensee is stolen, the system shall, as soon as is practicable--

    (A) conduct a search of the National Crime Information Center Stolen Gun File for information about the firearm; and

    (B) inform the licensee whether the information available to the system indicates that the firearm is stolen.

    (3) NOTIFICATION OF LICENSEES- On establishment of the national instant stolen gun check system under this subsection, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system.

    (4) PERMANENT RETENTION OF RECORDS- The national instant stolen gun check system shall create and maintain permanently a record of each contact of the system, and all information provided to or by the system during the contact.

    (5) DEFINITIONS- In this section:

    (A) LICENSEE- The term ‘licensee’ means a licensed dealer (as defined in section 921(a)(11) of title 18, United States Code), licensed importer (as defined in section 921(a)(9) of such title), or licensed manufacturer (as defined in section 921(a)(10) of such title).

    (B) FIREARM- The term ‘firearm’ has the meaning given in section 921(a)(3) of title 18, United States Code.

    (f) Federal Firearms Licensee Required To Contact National Instant Stolen Gun Check System Before Receiving Firearm From Non-Licensee-

    (1) IN GENERAL- Section 922(s) of title 18, United States Code, is amended to read as follows:

    ‘(s)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 6(e)(3) of the Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2013 that the national instant stolen gun check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not receive a firearm from any person who is not licensed under this chapter, unless--

    ‘(A) the licensee has verified the identity of the person by examining a valid identification document (as defined in section 1028(d) of this title) of the person that satisfies the requirements of section 202 of the REAL ID Act of 2005;

    ‘(B) the licensee has contacted the national instant stolen gun check system established under subsection (e) of such section 6, and provided the system with--

    ‘(i) the name and address of the person;

    ‘(ii) a description of the identification document referred to in subparagraph (A) of this paragraph, including the number appearing on the document; and

    ‘(iii) the name of the manufacturer, and the caliber and serial number, of the firearm; and

    ‘(C)(i) the system has provided the licensee with a unique identification number; or

    ‘(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the firearm is stolen.

    ‘(2) If the system determines that the information available to the system does not indicate that the firearm is stolen, the system shall--

    ‘(A) assign a unique identification number to the transaction; and

    ‘(B) provide the licensee with the number.

    ‘(3) If the system notifies the licensee that the information available to the system indicates that the firearm is stolen, the licensee shall contact the Bureau of Alcohol, Tobacco, Firearms, and Explosives or another law enforcement agency having jurisdiction over possession of stolen firearms in the dealer’s location and shall comply with the instructions of any such agency concerning the disposition of the firearm, the gathering of information relating to the offeror of the firearm, and other assistance in the removal of the firearm from the stream of commerce.

    ‘(4) If the licensee knowingly receives the firearm from the person and knowingly fails to comply with paragraph (1) with respect to the receipt and, at the time of the receipt, the system was operating and information was available to the system indicating that the firearm was stolen, the Attorney General may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000.

    ‘(5)(A) This subsection shall not be interpreted to limit any exercise of authority under subsection (d)(1)(C) or (e) of section 923.

    ‘(B) In the event of a conflict between the provisions of this subsection and a rule or regulation issued under section 923(j), the provisions of this subsection shall control.’.

    (2) RECORDKEEPING REQUIREMENT- Section 923(g)(1)(A) of such title is amended by inserting after the 1st sentence the following: ‘In the case of the receipt of a firearm pursuant to section 922(s), in addition to the requirements of such regulations, the importer, manufacturer, or dealer shall retain a record of the information described in section 922(s)(1)(B), a copy of the identification document referred to in section 922(s)(1)(A), and a record of the unique identification number provided to the licensee pursuant to section 922(s)(1)(C), with respect to the transaction.’.

    SEC. 7. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A FELONY.

    Section 924 of title 18, United States Code, as amended by sections 2 and 5 of this Act, is amended by adding at the end the following:

    ‘(s) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding 1 year, transports, possesses, or receives, in or affecting interstate or foreign commerce, a firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered, regardless of whether or not the person is aware of the removal, obliteration, or alteration, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years.’.

    SEC. 8. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.

    Section 924(c)(1)(A) of title 18, United States Code, is amended--

    (1) in clause (i), by inserting ‘, or if the firearm was stolen or had the manufacturer’s serial number removed, obliterated, or altered, not less than 7 years’ after ‘years’;

    (2) in clause (ii), by inserting ‘, or if the firearm was stolen or had the manufacturer’s serial number removed, obliterated, or altered, not less than 9 years’ after ‘years’; and

    (3) in clause (iii), by inserting ‘, or if the firearm was stolen or had the manufacturer’s serial number removed, obliterated, or altered, not less than 12 years’ after ‘years’.
     
  5. GOG

    GOG State of Jefferson Well-Known Member

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    Yup, only the Feds can "traffic" in guns like Fast & Furious".
     
  6. Kevinkris

    Kevinkris Aloha Well-Known Member

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    the only thing that would be illegal under this bill that isnt already illegal is having a gun in a school zone. so now driving through a school zone with a CHL and a weapon will be gun trafficking. kinda harsh if you ask me. not to mention they already have ready access to information for stolen guns, why make a whole new system?
     
  7. osterr1999

    osterr1999 Silverton, OR Active Member

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    Only if you are selling it in a school zone.
     
  8. Kable

    Kable Lynnwood Active Member

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    If you'll notice they are creating a database for stolen guns and all FFLs Will have to check guns they receive against that database, what's wrong with that? The part further down that says all checks are to be kept on record so basically it's creating a gun registry. If they manage to also pass universal background checks then all gun sells will basically go through an FFL so every gun going forward will be in a database with all the owners info. We must fight just as hard against this bill as others
     
  9. jefe

    jefe Portland Active Member

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    i think pressure needs to be applied to the anti-gun politicians in the federal congress and the state congresses to clarify their position on "mentally ill." currently, only those who were ADJUDICATED by a court of law (with due process) as "mentally deficient" or "dangerous" and/or "committed" to an institution are not able to purchase or own firearms. every ant-gun gripe about the mentally ill and background checks doesn't mention ADJUDICATION at all, and sounds as though anti-gun bills and universal checks seek to label anyone "restricted" or "prohibited" without the due process of the law.

    if we want to take them down, we need to pressure for an explanation for what exactly is meant by "mental illness" and as to whether or not a person's natural born RIGHT will be taken away with legal defense, a judge, jury, experts, APPEAL, etc. this is dangerous, and if my assumption is correct, it will set a standard for the infringement/negation of other rights as well--without DUE PROCESS. also, unless i'm mistaken, those CRIMINALS who perpetrated recent shootings either did pass or would've passed background checks because they weren't ADJUDICATED as prohibited--which is a reason for my speculation about the government seeking to restrict a citizen's 2A right without due process.

    this issue needs to be brought out to the forefront: anti-gun politicians are seeking to circumvent the law, and seek the power to do away with a citizen's RIGHTS without due process of the law (which requires proof of a crime committed, or that a person is a "danger" to society).
     
  10. Kelzebubba

    Kelzebubba Fort Worth, TX/USA Public Outhouse Active Member

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    I think anyone who wants to set limits on the 2A is mentally ill. Do you like my definition?
     
    timac, jefe, chariot13 and 5 others like this.
  11. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    Yes
     
  12. Dave Workman

    Dave Workman Western Washington Bronze Supporter Bronze Supporter

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  13. GOG

    GOG State of Jefferson Well-Known Member

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