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Splake

Gun Bill H. R. 45

43 posts in this topic

I

111TH CONGRESS

1ST SESSION H. R. 45

To provide for the implementation of a system of licensing for purchasers

of certain firearms and for a record of sale system for those firearms,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 2009

Mr. RUSH introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To provide for the implementation of a system of licensing

for purchasers of certain firearms and for a record of

sale system for those firearms, and for other purposes.

1 Be it enacted by the Senate and House of Representa2

tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as ‘‘Blair

5 Holt’s Firearm Licensing and Record of Sale Act of

6 2009’’.

7 (B) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

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Sec. 3. Definitions.

TITLE I—LICENSING

Sec. 101. Licensing requirement.

Sec. 102. Application requirements.

Sec. 103. Issuance of license.

Sec. 104. Renewal of license.

Sec. 105. Revocation of license.

TITLE II—RECORD OF SALE OR TRANSFER

Sec. 201. Sale or transfer requirements for qualifying firearms.

Sec. 202. Firearm records.

TITLE III—ADDITIONAL PROHIBITIONS

Sec. 301. Universal background check requirement.

Sec. 302. Failure to maintain or permit inspection of records.

Sec. 303. Failure to report loss or theft of firearm.

Sec. 304. Failure to provide notice of change of address.

Sec. 305. Child access prevention.

TITLE IV—ENFORCEMENT

Sec. 401. Criminal penalties.

Sec. 402. Regulations.

Sec. 403. Inspections.

Sec. 404. Orders.

Sec. 405. Injunctive enforcement.

TITLE V—FIREARM INJURY INFORMATION AND RESEARCH

Sec. 501. Duties of the Attorney General.

TITLE VI—EFFECT ON STATE LAW

Sec. 601. Effect on State law.

Sec. 602. Certification of State firearm licensing systems and State firearm

record of sale systems.

TITLE VII—RELATIONSHIP TO OTHER LAW

Sec. 701. Subordination to Arms Export Control Act.

TITLE VIII—INAPPLICABILITY

Sec. 801. Inapplicability to governmental authorities.

TITLE IX—EFFECTIVE DATE

Sec. 901. Effective date of amendments.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

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1 (1) the manufacture, distribution, and importa2

tion of firearms is inherently commercial in nature;

3 (2) firearms regularly move in interstate com4

merce;

5 (3) to the extent that firearms trafficking is

6 intrastate in nature, it arises out of and is substan7

tially connected with a commercial transaction,

8 which, when viewed in the aggregate, substantially

9 affects interstate commerce;

10 (4) because the intrastate and interstate traf11

ficking of firearms are so commingled, full regula12

tion of interstate commerce requires the incidental

13 regulation of intrastate commerce;

14 (5) gun violence in the United States is associ15

ated with the majority of homicides, over half the

16 suicides, and two-thirds of non-fatal violent injuries;

17 and

18 (6) on the afternoon of May 10, 2007, Blair

19 Holt, a junior at Julian High School in Chicago, was

20 killed on a public bus riding home from school when

21 he used his body to shield a girl who was in the line

22 of fire after a young man boarded the bus and start23

ed shooting.

24 (B) SENSE OF THE CONGRESS.—It is the sense of

25 the Congress that—

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1 (1) firearms trafficking is prevalent and wide2

spread in and among the States, and it is usually

3 impossible to distinguish between intrastate traf4

ficking and interstate trafficking; and

5 (2) it is in the national interest and within the

6 role of the Federal Government to ensure that the

7 regulation of firearms is uniform among the States,

8 that law enforcement can quickly and effectively

9 trace firearms used in crime, and that firearms own10

ers know how to use and safely store their firearms.

11 © PURPOSES.—The purposes of this Act and the

12 amendments made by this Act are—

13 (1) to protect the public against the unreason14

able risk of injury and death associated with the un15

recorded sale or transfer of qualifying firearms to

16 criminals and youth;

17 (2) to ensure that owners of qualifying firearms

18 are knowledgeable in the safe use, handling, and

19 storage of those firearms;

20 (3) to restrict the availability of qualifying fire21

arms to criminals, youth, and other persons prohib22

ited by Federal law from receiving firearms; and

23 (4) to facilitate the tracing of qualifying fire24

arms used in crime by Federal and State law en25

forcement agencies.

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1 SEC. 3. DEFINITIONS.

2 (a) IN GENERAL.—In this Act:

3 (1) FIREARM; LICENSED DEALER; LICENSED

4 MANUFACTURER; STATE.—The terms ‘‘firearm’’, ‘‘li5

censed dealer’’, ‘‘licensed manufacturer’’, and

6 ‘‘State’’ have the meanings given those terms in sec7

tion 921(a) of title 18, United States Code.

8 (2) QUALIFYING FIREARM.—The term ‘‘quali9

fying firearm’’ has the meaning given the term in

10 section 921(a) of title 18, United States Code, as

11 amended by subsection (B) of this section.

12 (B) AMENDMENT TO TITLE 18, UNITED STATES

13 CODE.—Section 921(a) of title 18, United States Code,

14 is amended by adding at the end the following:

15 ‘‘(36) The term ‘qualifying firearm’—

16 ‘‘(A) means—

17 ‘‘(i) any handgun; or

18 ‘‘(ii) any semiautomatic firearm that

19 can accept any detachable ammunition

20 feeding device; and

21 ‘‘(B) does not include any antique.’’.

22 TITLE I—LICENSING

23 SEC. 101. LICENSING REQUIREMENT.

24 Section 922 of title 18, United States Code, is

25 amended by adding at the end the following:

26 ‘‘(aa) FIREARM LICENSING REQUIREMENT.—

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‘‘(1) IN 1 GENERAL.—It shall be unlawful for any

2 person other than a licensed importer, licensed man3

ufacturer, licensed dealer, or licensed collector to

4 possess a qualifying firearm on or after the applica5

ble date, unless that person has been issued a fire6

arm license—

7 ‘‘(A) under title I of Blair Holt’s Firearm

8 Licensing and Record of Sale Act of 2009,

9 which license has not been invalidated or re10

voked under that title; or

11 ‘‘(B) pursuant to a State firearm licensing

12 and record of sale system certified under sec13

tion 602 of Blair Holt’s Firearm Licensing and

14 Record of Sale Act of 2009, which license has

15 not been invalidated or revoked under State

16 law.

17 ‘‘(2) APPLICABLE DATE.—In this subsection,

18 the term ‘applicable date’ means—

19 ‘‘(A) with respect to a qualifying firearm

20 that is acquired by the person before the date

21 of the enactment of Blair Holt’s Firearm Li22

censing and Record of Sale Act of 2009, 2

23 years after such date of enactment; and

24 ‘‘(B) with respect to a qualifying firearm

25 that is acquired by the person on or after the

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1 date of the enactment of Blair Holt’s Firearm

2 Licensing and Record of Sale Act of 2009, 1

3 year after such date of enactment.’’.

4 SEC. 102. APPLICATION REQUIREMENTS.

5 (a) IN GENERAL.—In order to be issued a firearm

6 license under this title, an individual shall submit to the

7 Attorney General (in accordance with the regulations pro8

mulgated under subsection (B)) an application, which shall

9 include—

10 (1) a current, passport-sized photograph of the

11 applicant that provides a clear, accurate likeness of

12 the applicant;

13 (2) the name, address, and date and place of

14 birth of the applicant;

15 (3) any other name that the applicant has ever

16 used or by which the applicant has ever been known;

17 (4) a clear thumb print of the applicant, which

18 shall be made when, and in the presence of the enti19

ty to whom, the application is submitted;

20 (5) with respect to each category of person pro21

hibited by Federal law, or by the law of the State

22 of residence of the applicant, from obtaining a fire23

arm, a statement that the individual is not a person

24 prohibited from obtaining a firearm;

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1 (6) a certification by the applicant that the ap2

plicant will keep any firearm owned by the applicant

3 safely stored and out of the possession of persons

4 who have not attained 18 years of age;

5 (7) a certificate attesting to the completion at

6 the time of application of a written firearms exam7

ination, which shall test the knowledge and ability of

8 the applicant regarding—

9 (A) the safe storage of firearms, particu10

larly in the vicinity of persons who have not at11

tained 18 years of age;

12 (B) the safe handling of firearms;

13 © the use of firearms in the home and

14 the risks associated with such use;

15 (D) the legal responsibilities of firearms

16 owners, including Federal, State, and local laws

17 relating to requirements for the possession and

18 storage of firearms, and relating to reporting

19 requirements with respect to firearms; and

20 (E) any other subjects, as the Attorney

21 General determines to be appropriate;

22 (8) an authorization by the applicant to release

23 to the Attorney General or an authorized representa24

tive of the Attorney General any mental health

25 records pertaining to the applicant;

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1 (9) the date on which the application was sub2

mitted; and

3 (10) the signature of the applicant.

4 (B) REGULATIONS GOVERNING SUBMISSION.—The

5 Attorney General shall promulgate regulations specifying

6 procedures for the submission of applications to the Attor7

ney General under this section, which regulations shall—

8 (1) provide for submission of the application

9 through a licensed dealer or an office or agency of

10 the Federal Government designated by the Attorney

11 General;

12 (2) require the applicant to provide a valid

13 identification document (as defined in section

14 1028(d)(2) of title 18, United States Code) of the

15 applicant, containing a photograph of the applicant,

16 to the licensed dealer or to the office or agency of

17 the Federal Government, as applicable, at the time

18 of submission of the application to that dealer, of19

fice, or agency; and

20 (3) require that a completed application be for21

warded to the Attorney General not later than 48

22 hours after the application is submitted to the li23

censed dealer or office or agency of the Federal Gov24

ernment, as applicable.

25 © FEES.—

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(1) IN 1 GENERAL.—The Attorney General shall

2 charge and collect from each applicant for a license

3 under this title a fee in an amount determined in ac4

cordance with paragraph (2).

5 (2) FEE AMOUNT.—The amount of the fee col6

lected under this subsection shall be not less than

7 the amount determined by the Attorney General to

8 be necessary to ensure that the total amount of all

9 fees collected under this subsection during a fiscal

10 year is sufficient to cover the costs of carrying out

11 this title during that fiscal year, except that such

12 amount shall not exceed $25.

13 SEC. 103. ISSUANCE OF LICENSE.

14 (a) IN GENERAL.—The Attorney General shall issue

15 a firearm license to an applicant who has submitted an

16 application that meets the requirements of section 102 of

17 this Act, if the Attorney General ascertains that the indi18

vidual is not prohibited by subsection (g) or (n) of section

19 922 of title 18, United States Code, from receiving a fire20

arm.

21 (B) EFFECT OF ISSUANCE TO PROHIBITED PER22

SON.—A firearm license issued under this section shall be

23 null and void if issued to a person who is prohibited by

24 subsection (g) or (n) of section 922 of title 18, United

25 States Code, from receiving a firearm.

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© FORM OF 1 LICENSE.—A firearm license issued

2 under this section shall be in the form of a tamper-resist3

ant card, and shall include—

4 (1) the photograph of the licensed individual

5 submitted with the application;

6 (2) the address of the licensed individual;

7 (3) the date of birth of the licensed individual;

8 (4) a license number, unique to each licensed

9 individual;

10 (5) the expiration date of the license, which

11 shall be the date that is 5 years after the initial an12

niversary of the date of birth of the licensed indi13

vidual following the date on which the license is

14 issued (or in the case of a license renewal, following

15 the date on which the license is renewed under sec16

tion 104);

17 (6) the signature of the licensed individual pro18

vided on the application, or a facsimile of the appli19

cation; and

20 (7) centered at the top of the license, capital21

ized, and in boldface type, the following:

22 ‘‘FIREARM LICENSE—NOT VALID FOR ANY

23 OTHER PURPOSE’’.

24 SEC. 104. RENEWAL OF LICENSE.

25 (a) APPLICATION FOR RENEWAL.—

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(1) IN 1 GENERAL.—In order to renew a firearm

2 license issued under this title, not later than 30 days

3 before the expiration date of the license, the licensed

4 individual shall submit to the Attorney General (in

5 accordance with the regulations promulgated under

6 paragraph (3)), in a form approved by the Attorney

7 General, an application for renewal of the license.

8 (2) CONTENTS.—An application submitted

9 under paragraph (1) shall include—

10 (A) a current, passport-sized photograph of

11 the applicant that provides a clear, accurate

12 likeness of the applicant;

13 (B) current proof of identity of the li14

censed individual; and

15 © the address of the licensed individual.

16 (3) REGULATIONS GOVERNING SUBMISSION.—

17 The Attorney General shall promulgate regulations

18 specifying procedures for the submission of applica19

tions under this subsection.

20 (B) ISSUANCE OF RENEWED LICENSE.—Upon ap21

proval of an application submitted under subsection (a)

22 of this section, the Attorney General shall issue a renewed

23 license, which shall meet the requirements of section

24 103©, except that the license shall include the current

25 photograph and address of the licensed individual, as pro-

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1 vided in the application submitted under this section, and

2 the expiration date of the renewed license, as provided in

3 section 103©(5).

4 SEC. 105. REVOCATION OF LICENSE.

5 (a) IN GENERAL.—If an individual to whom a license

6 has been issued under this title subsequently becomes a

7 person who is prohibited by subsection (g) or (n) of section

8 922 of title 18, United States Code, from receiving a fire9

arm—

10 (1) the license is revoked; and

11 (2) the individual shall promptly return the li12

cense to the Attorney General.

13 (B) ADMINISTRATIVE ACTION.—Upon receipt by the

14 Attorney General of notice that an individual to whom a

15 license has been issued under this title has become a per16

son described in subsection (a), the Attorney General shall

17 ensure that the individual promptly returns the license to

18 the Attorney General.

19 TITLE II—RECORD OF SALE OR

20 TRANSFER

21 SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALI22

FYING FIREARMS.

23 Section 922 of title 18, United States Code, as

24 amended by section 101 of this Act, is amended by adding

25 at the end the following:

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‘‘(bb) UNAUTHORIZED SALE OR TRANSFER 1 OF A

2 QUALIFYING FIREARM.—It shall be unlawful for any per3

son to sell, deliver, or otherwise transfer a qualifying fire4

arm to, or for, any person who is not a licensed importer,

5 licensed manufacturer, licensed dealer, or licensed col6

lector, or to receive a qualifying firearm from a person

7 who is not a licensed importer, licensed manufacturer, li8

censed dealer, or licensed collector, unless, at the time and

9 place of the transfer or receipt—

10 ‘‘(1) the transferee presents to a licensed dealer

11 a valid firearm license issued to the transferee—

12 ‘‘(A) under title I of Blair Holt’s Firearm

13 Licensing and Record of Sale Act of 2009; or

14 ‘‘(B) pursuant to a State firearm licensing

15 and record of sale system certified under sec16

tion 602 of Blair Holt’s Firearm Licensing and

17 Record of Sale Act of 2009 established by the

18 State in which the transfer or receipt occurs;

19 ‘‘(2) the licensed dealer contacts the Attorney

20 General or the head of the State agency that admin21

isters the certified system described in paragraph

22 (1)(B), as applicable, and receives notice that the

23 transferee has been issued a firearm license de24

scribed in paragraph (1) and that the license re25

mains valid; and

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1 ‘‘(3) the licensed dealer records on a document

2 (which, in the case of a sale, shall be the sales re3

ceipt) a tracking authorization number provided by

4 the Attorney General or the head of the State agen5

cy, as applicable, as evidence that the licensed dealer

6 has verified the validity of the license.’’.

7 SEC. 202. FIREARM RECORDS.

8 (a) SUBMISSION OF SALE OR TRANSFER REPORTS.—

9 Not later than 14 days after the date on which the trans10

fer of qualifying firearm is processed by a licensed dealer

11 under section 922(bb) of title 18, United States Code (as

12 added by section 201 of this Act), the licensed dealer shall

13 submit to the Attorney General (or, in the case of a li14

censed dealer located in a State that has a State firearm

15 licensing and record of sale system certified under section

16 602 of this Act, to the head of the State agency that ad17

ministers that system) a report of that transfer, which

18 shall include information relating to—

19 (1) the manufacturer of the firearm;

20 (2) the model name or number of the firearm;

21 (3) the serial number of the firearm;

22 (4) the date on which the firearm was received

23 by the transferee;

24 (5) the number of a valid firearm license issued

25 to the transferee under title I of this Act; and

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1 (6) the name and address of the individual who

2 transferred the firearm to the transferee.

3 (B) FEDERAL RECORD OF SALE SYSTEM.—Not later

4 than 9 months after the date of the enactment of this Act,

5 the Attorney General shall establish and maintain a Fed6

eral record of sale system, which shall include the informa7

tion included in each report submitted to the Attorney

8 General under subsection (a).

9 © ELIMINATION OF PROHIBITION ON ESTABLISH10

MENT OF SYSTEM OF REGISTRATION.—Section 926(a) of

11 title 18, United States Code, is amended by striking the

12 second sentence.

13 TITLE III—ADDITIONAL

14 PROHIBITIONS

15 SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIRE16

MENT.

17 Section 922 of title 18, United States Code, as

18 amended by sections 101 and 201 of this Act, is amended

19 by adding at the end the following:

20 ‘‘(cc) UNIVERSAL BACKGROUND CHECK REQUIRE21

MENT.—

22 ‘‘(1) REQUIREMENT.—Except as provided in

23 paragraph (2), it shall be unlawful for any person

24 other than a licensed importer, licensed manufac25

turer, licensed dealer, or licensed collector to sell, de-

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1 liver, or otherwise transfer a firearm to any person

2 other than such a licensee, unless the transfer is

3 processed through a licensed dealer in accordance

4 with subsection (t).

5 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

6 apply to the infrequent transfer of a firearm by gift,

7 bequest, intestate succession or other means by an

8 individual to a parent, child, grandparent, or grand9

child of the individual, or to any loan of a firearm

10 for any lawful purpose for not more than 30 days

11 between persons who are personally known to each

12 other.’’.

13 SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION

14 OF RECORDS.

15 Section 922 of title 18, United States Code, as

16 amended by sections 101, 201, and 301 of this Act, is

17 amended by adding at the end the following:

18 ‘‘(dd) FAILURE TO MAINTAIN OR PERMIT INSPEC19

TION OF RECORDS.—It shall be unlawful for a licensed

20 manufacturer or a licensed dealer to fail to comply with

21 section 202 of Blair Holt’s Handgun Licensing and

22 Record of Sale Act of 2009, or to maintain such records

23 or supply such information as the Attorney General may

24 require in order to ascertain compliance with such Act and

25 the regulations and orders issued under such Act.’’.

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1 SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIRE2

ARM.

3 Section 922 of title 18, United States Code, as

4 amended by sections 101, 201, 301, and 302 of this Act,

5 is amended by adding at the end the following:

6 ‘‘(ee) FAILURE TO REPORT LOSS OR THEFT OF

7 FIREARM.—It shall be unlawful for any person who owns

8 a qualifying firearm to fail to report the loss or theft of

9 the firearm to the Attorney General within 72 hours after

10 the loss or theft is discovered.’’.

11 SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF AD12

DRESS.

13 Section 922 of title 18, United States Code, as

14 amended by sections 101, 201, 301, 302, and 303 of this

15 Act, is amended by adding at the end the following:

16 ‘‘(ff) FAILURE TO PROVIDE NOTICE OF CHANGE OF

17 ADDRESS.—It shall be unlawful for any individual to

18 whom a firearm license has been issued under title I of

19 Blair Holt’s Firearm Licensing and Record of Sale Act

20 of 2009 to fail to report to the Attorney General a change

21 in the address of that individual within 60 days of that

22 change of address.’’.

23 SEC. 305. CHILD ACCESS PREVENTION.

24 Section 922 of title 18, United States Code, as

25 amended by sections 101, 201, 301, 302, 303, and 304

26 of this Act, is amended by adding at the end the following:

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‘‘(gg) CHILD ACCESS 1 PREVENTION.—

2 ‘‘(1) DEFINITION OF CHILD.—In this sub3

section, the term ‘child’ means an individual who has

4 not attained the age of 18 years.

5 ‘‘(2) PROHIBITION AND PENALTIES.—Except as

6 provided in paragraph (3), it shall be unlawful for

7 any person to keep a loaded firearm, or an unloaded

8 firearm and ammunition for the firearm, any 1 of

9 which has been shipped or transported in interstate

10 or foreign commerce, within any premises that is

11 under the custody or control of that person, if—

12 ‘‘(A) that person—

13 ‘‘(i) knows, or recklessly disregards

14 the risk, that a child is capable of gaining

15 access to the firearm; and

16 ‘‘(ii) either—

17 ‘‘(I) knows, or recklessly dis18

regards the risk, that a child will use

19 the firearm to cause the death of, or

20 serious bodily injury (as defined in

21 section 1365 of this title) to, the child

22 or any other person; or

23 ‘‘(II) knows, or reasonably should

24 know, that possession of the firearm

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1 by a child is unlawful under Federal

2 or State law; and

3 ‘‘(B) a child uses the firearm and the use

4 of that firearm causes the death of, or serious

5 bodily injury to, the child or any other person.

6 ‘‘(3) EXCEPTIONS.—Paragraph (2) shall not

7 apply if—

8 ‘‘(A) at the time the child obtained access,

9 the firearm was secured with a secure gun stor10

age or safety device;

11 ‘‘(B) the person is a peace officer, a mem12

ber of the Armed Forces, or a member of the

13 National Guard, and the child obtains the fire14

arm during, or incidental to, the performance of

15 the official duties of the person in that capacity;

16 ‘‘© the child uses the firearm in a lawful

17 act of self-defense or defense of 1 or more other

18 persons; or

19 ‘‘(D) the person has no reasonable expecta20

tion, based on objective facts and cir21

cumstances, that a child is likely to be present

22 on the premises on which the firearm is kept.’’.

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1 TITLE IV—ENFORCEMENT

2 SEC. 401. CRIMINAL PENALTIES.

3 (a) FAILURE TO POSSESS FIREARM LICENSE; FAIL4

URE TO COMPLY WITH QUALIFYING FIREARM SALE OR

5 TRANSFER REQUIREMENTS; FAILURE TO MAINTAIN OR

6 PERMIT INSPECTION OF RECORDS.—Section 924(a) of

7 title 18, United States Code, is amended by adding at the

8 end the following:

9 ‘‘(8) Whoever knowingly violates subsection (aa),

10 (bb), or (dd) of section 922 shall be fined under this title,

11 imprisoned not more than 2 years, or both.’’.

12 (B) FAILURE TO COMPLY WITH UNIVERSAL BACK13

GROUND CHECKS; FAILURE TO TIMELY REPORT LOSS OR

14 THEFT OF A QUALIFYING FIREARM; FAILURE TO PRO15

VIDE NOTICE OF CHANGE OF ADDRESS.—Section

16 924(a)(5) of such title is amended by striking ‘‘(s) or (t)’’

17 and inserting ‘‘(t), (cc), (ee), or (ff)’’.

18 © CHILD ACCESS PREVENTION.—Section 924(a) of

19 such title, as amended by subsection (a) of this section,

20 is amended by adding at the end the following:

21 ‘‘(9) Whoever violates section 105(a)(2) of Blair

22 Holt’s Handgun Licensing and Record of Sale Act of

23 2009, knowingly or having reason to believe that the per24

son is prohibited by subsection (g) or (n) of section 922

25 of title 18, United States Code, from receiving a firearm,

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22

•HR 45 IH

1 shall be fined under this title, imprisoned not more than

2 10 years, or both.

3 ‘‘(10) Whoever violates section 922(gg) shall be fined

4 under this title, imprisoned not more than 5 years, or

5 both.’’.

6 SEC. 402. REGULATIONS.

7 (a) IN GENERAL.—The Attorney General shall issue

8 regulations governing the licensing of possessors of quali9

fying firearms and the recorded sale of qualifying fire10

arms, consistent with this Act and the amendments made

11 by this Act, as the Attorney General determines to be rea12

sonably necessary to reduce or prevent deaths or injuries

13 resulting from qualifying firearms, and to assist law en14

forcement in the apprehension of owners or users of quali15

fying firearms used in criminal activity.

16 (B) MAXIMUM INTERVAL BETWEEN ISSUANCE OF

17 PROPOSED AND FINAL REGULATION.—Not later than 120

18 days after the date on which the Attorney General issues

19 a proposed regulation under subsection (a) with respect

20 to a matter, the Attorney General shall issue a final regu21

lation with respect to the matter.

22 SEC. 403. INSPECTIONS.

23 In order to ascertain compliance with this Act, the

24 amendments made by this Act, and the regulations and

25 orders issued under this Act, the Attorney General may,

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23

•HR 45 IH

1 during regular business hours, enter any place in which

2 firearms or firearm products are manufactured, stored, or

3 held, for distribution in commerce, and inspect those areas

4 where the products are so manufactured, stored, or held.

5 SEC. 404. ORDERS.

6 The Attorney General may issue an order prohibiting

7 the sale or transfer of any firearm that the Attorney Gen8

eral finds has been transferred or distributed in violation

9 of this Act, an amendment made by this Act, or a regula10

tion issued under this Act.

11 SEC. 405. INJUNCTIVE ENFORCEMENT.

12 The Attorney General may bring an action to restrain

13 any violation of this Act or an amendment made by this

14 Act in the district court of the United States for any dis15

trict in which the violation has occurred, or in which the

16 defendant is found or transacts business.

17 TITLE V—FIREARM INJURY

18 INFORMATION AND RESEARCH

19 SEC. 501. DUTIES OF THE ATTORNEY GENERAL.

20 (a) IN GENERAL.—The Attorney General shall—

21 (1) establish and maintain a firearm injury in22

formation clearinghouse to collect, investigate, ana23

lyze, and disseminate data and information relating

24 to the causes and prevention of death and injury as25

sociated with firearms;

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24

•HR 45 IH

1 (2) conduct continuing studies and investiga2

tions of firearm-related deaths and injuries; and

3 (3) collect and maintain current production and

4 sales figures for each licensed manufacturer.

5 (B) AVAILABILITY OF INFORMATION.—Periodically,

6 but not less frequently than annually, the Attorney Gen7

eral shall report to the Congress and make available to

8 the public a report on the activities of the Attorney Gen9

eral under subsection (a).

10 TITLE VI—EFFECT ON STATE

11 LAW

12 SEC. 601. EFFECT ON STATE LAW.

13 (a) IN GENERAL.—This Act and the amendments

14 made by this Act may not be construed to preempt any

15 provision of the law of any State or political subdivision

16 of that State, or prevent a State or political subdivision

17 of that State from enacting any provision of law regulating

18 or prohibiting conduct with respect to firearms, except to

19 the extent that the provision of law is inconsistent with

20 any provision of this Act or an amendment made by this

21 Act, and then only to the extent of the inconsistency.

22 (B) RULE OF INTERPRETATION.—A provision of

23 State law is not inconsistent with this Act or an amend24

ment made by this Act if the provision imposes a regula25

tion or prohibition of greater scope or a penalty of greater

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25

•HR 45 IH

1 severity than a corresponding prohibition or penalty im2

posed by this Act or an amendment made by this Act.

3 SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING

4 SYSTEMS AND STATE FIREARM RECORD OF

5 SALE SYSTEMS.

6 Upon a written request of the chief executive officer

7 of a State, the Attorney General may certify—

8 (1) a firearm licensing system established by a

9 State, if State law requires the system to satisfy the

10 requirements applicable to the Federal firearm li11

censing system established under title I; or

12 (2) a firearm record of sale system established

13 by a State, if State law requires the head of the

14 State agency that administers the system to submit

15 to the Federal firearm record of sale system estab16

lished under section 202(B) a copy of each report

17 submitted to the head of the agency under section

18 202(a), within 7 days after receipt of the report.

19 TITLE VII—RELATIONSHIP TO

20 OTHER LAW

21 SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL

22 ACT.

23 In the event of any conflict between any provision of

24 this Act or an amendment made by this Act, and any pro25

vision of the Arms Export Control Act (22 U.S.C. 2751),

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26

•HR 45 IH

1 the provision of the Arms Export Control Act shall con2

trol.

3 TITLE VIII—INAPPLICABILITY

4 SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORI5

TIES.

6 This Act and the amendments made by this Act shall

7 not apply to any department or agency of the United

8 States, of a State, or of a political subdivision of a State,

9 or to any official conduct of any officer or employee of

10 such a department or agency.

11 TITLE IX—EFFECTIVE DATE

12 SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

13 The amendments made by this Act shall take effect

14 1 year after the date of the enactment of this Act.

Æ

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WOW why not post the encyclopedia!

I think certain firearms are not needed,Who needs Ma duce? 20-50 round magazenes?

I didnt read this WAAAAAAAAAAAAAY TOO LONG

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I agree sparce!! My brain is way to small to process any of that. Anyone willing to "dumb this one down" for me, if there's something of concern there. Thanks in advance.

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the way i understand it you have to apply for a liscence to be able to purchase a firearm with a detachable magazine to the attorney general. they do a backround check, if you qualify they issue a liscence for $25 fee good for 5 years.

some other stuff in there you'll have to take a safety class, promise to keep away from children and you can loan firearm out to friends/family for a max of 30 days then has to be returned to liscenced owner, liscence holder is liable for crime or death, legal transfer of a resale blah blah blah

now get out of the way, theres going to be a rush of criminals seeking applications. pain in the [PoorWordUsage] for law the abiding citizen to keep liberals happy.

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What does this part mean?

Quote:
HR 45 IH

‘‘(1) IN 1 GENERAL.—It shall be unlawful for any

2 person other than a licensed importer, licensed man3

ufacturer, licensed dealer, or licensed collector to

4 possess a qualifying firearm on or after the applica5

ble date, unless that person has been issued a fire6

arm license—

7 ‘‘(A) under title I of Blair Holt’s Firearm

8 Licensing and Record of Sale Act of 2009,

9 which license has not been invalidated or re10

voked under that title; or

11 ‘‘(B) pursuant to a State firearm licensing

12 and record of sale system certified under sec13

tion 602 of Blair Holt’s Firearm Licensing and

14 Record of Sale Act of 2009, which license has

15 not been invalidated or revoked under State

16 law.

Bob

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Never going to pass. Too much restriction and additional government cost to happen.

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I agree, it won't happen. I think that this kind of legislation gets proposed all the time...might not make it out of committee.

A lot depends on interpretation of 'qualifying firearm'.

Interesting though that they are now trying to use the commerce clause to trump the 2nd amendment.

I'm gonna have a closer look at this later...not enough time on my lunch break to do a reasonable analysis.

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WOW, I read through the majority of the bill. Here's some highlights.

1. Requires a license for any semiautomatic gun with a clip, and any handgun.

2. Government will charge you $25 for this.

3. You will have to renew this license when the government says so. I did not see a timeframe.

4. If you sell a gun, you must transfer title of this gun to the new person, only if I am a dealer. The way I read it, there is no person to person sales without a dealer involved.

5. If you move, you must notify the government or they will get you.

6. Failure to follow this and you can be fined, or jailed for up to 5 years.

7. The government can enter anywhere guns are manufactured or held during normal business hours to verify these requirements are met. So much for unlawful search and seisure.

8. A certification by the owner that the gun will not be used or in the vicininty of someone under 18 years of age. It says "Safely stored, and out of the possession of persons who have not attained 18 years of age"

Does this mean that if I give my son a new Remington 1100 to shoot trap with me, I am punishable by fine or jail?

I have to say this sounds like a bad idea. It also sounds like it can not be enforced or tracked without many, many, people working on it. Maybe this is Obamma's way of stimulating the economy smile

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Doctors vs Guns

(A) The number of physicians in the U.S. is 700,000

(B) Accidental deaths caused by Physicians per year are 120,000.

© Accidental deaths per physician is 0.l7l. Source: Courtesy of U.S. Dept of Health and Human Services.

Now think about this: Guns

(A) The number of gun owners in the U.S. is 80,000,000. (Yes that's 80 million)

(B) The number of accidental gun deaths per year, all age groups, is 1,500.

© The number of accidental deaths per gun owner is .000188. Statistics courtesy of FBI.

So, statistically, doctors are approximately 9,000 times more dangerous than gun owners.

Remember, 'Guns don't kill people, doctors do.'

FACT: NOT EVERYONE HAS A GUN, BUT ALMOST EVERYONE HAS AT LEAST ONE DOCTOR.

Please alert your friends to this alarming threat.

We must ban doctors before this gets completely out of hand!!!!!

Out of concern for the public at large, I withheld the statistics on lawyers for fear the shock would cause people to panic and seek medical attention! grin

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LOL thats a good one Sandmannd. Its all true and that is what is so great about it. I really hope that people see the point. If someone wants to hurt a person its gonna happen guns or not. It would be just as easy to use a knife or a shovel or a bow and arrow or a spear...the list can go on. Its only a weapon if its used that way, otherwise its a tool just like anything else. Criminals will still be on the prowl either way.

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I’m just going to highlight a few gems that I noticed within this. First:

6 SEC. 402. REGULATIONS.

7 (a) IN GENERAL.—The Attorney General shall issue

8 regulations governing the licensing of possessors of quali9

fying firearms and the recorded sale of qualifying fire10

arms, consistent with this Act and the amendments made

11 by this Act, as the Attorney General determines to be rea12

sonably necessary to reduce or prevent deaths or injuries

13 resulting from qualifying firearms, and to assist law en14

forcement in the apprehension of owners or users of quali15

fying firearms used in criminal activity.

This would seem to give the AG some broad latitude in issuing the licenses, and determining qualifications (or disqualification) for obtaining said license.

The next one:

5 (B) AVAILABILITY OF INFORMATION.—Periodically,

6 but not less frequently than annually, the Attorney Gen7

eral shall report to the Congress and make available to

8 the public a report on the activities of the Attorney Gen9

eral under subsection (a).

So…the AG has to file a public report…does anyone really think that this would be anything more than a public list of anyone who has been issued a license? Just in case you thought the PATRIOT Act couldn’t be topped as a violation of privacy…

And, of course, the feds continue to think that somehow they have priority over the states in regulating such matters:

SEC. 601. EFFECT ON STATE LAW.

13 (a) IN GENERAL.—This Act and the amendments

14 made by this Act may not be construed to preempt any

15 provision of the law of any State or political subdivision

16 of that State, or prevent a State or political subdivision

17 of that State from enacting any provision of law regulating

18 or prohibiting conduct with respect to firearms, except to

19 the extent that the provision of law is inconsistent with

20 any provision of this Act or an amendment made by this

21 Act, and then only to the extent of the inconsistency.

22 (B) RULE OF INTERPRETATION.—A provision of

23 State law is not inconsistent with this Act or an amend24

ment made by this Act if the provision imposes a regula25

tion or prohibition of greater scope or a penalty of greater

severity than a corresponding prohibition or penalty im2

posed by this Act or an amendment made by this Act.

Which, of course, they do not. At least according to the Constitution. But then, why would the Federal Government start to comply with the Constitution now?

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Here is kind of a condensed explanation.

What H.R. 45 Does

The legislation has three main components.

1. Increasing requirements for firearms purchases.

2. Creating a national firearms registry overseen by the Federal Government.

3. Stiffen penalties for bookkeeping errors related to the Federal Firearms Database formed in section 2.

To purchase a firearm a person would be required to pass a written firearms examination, release all health records -- including mental heath records -- to the Attorney General's office, and submit to a two-day waiting period, as well as pay an "appropriate" fee of $25 per firearm.

Additionally, every firearm sale would be recorded in a database, which would track the serial number, make, model and identity of the owner. The legislation would also make all private sales of firearms illegal, and a felony offense.

In addition to these regulations, the legislation includes excessive regulations and penalties for bureaucratic missteps from simple failures to report address changes to failure to report stolen weapons.

Provisions of H.R. 45 include:

# Requires passing a written examination to purchase a firearm.

# Releases medical records -- including confidential mental health records -- to the Attorney General for Government review.

# Requires a two-day waiting period on all firearms purchases.

# Institutes a fee of $25 or more on all firearm purchases.

# Creates a national database with all firearms and firearms owners registered by serial number with the Federal Government.

# A Federal ban on all private firearms sales.

# Increases in penalties for clerical errors related to this national firearms registry.

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100 says if it passes...I will no longer be a law abiding citizen.

X2!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Awe come on it's just another well intended bill, Yeah it may not be exactly what you want, but it may help. Can't we just give it a try, just like dedicated funding....

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Just another piece of trash legislation that the sponsors know has no chance but works great to appease their constituents and make it seem like our elected officials are actually doing something.

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Just another piece of trash legislation that the sponsors know has no chance but works great to appease their constituents and make it seem like our elected officials are actually doing something.

Another thing that happens is that the NRA gets more money from guys like me. I don't just sit back and whine and wonder when stuff like this comes up. A strong reaction is called for.

When Wayne LaPierre and his posse need help, millions answer the call.

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And the take home message is that this law would have zero effect on criminals. Instead it creates criminals from normally law abiding people.

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And the take home message is that this law would have zero effect on criminals. Instead it creates criminals from normally law abiding people.

Exactly. Not to mention it will cost a fortune to execute too.

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There are portions of this bill that I am in agreement with. The intent of some of the wording is to take away the gun show and private collectors loopholes. However, this bill in it's entirety is rubbish.

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