Gun Law Update: Gun-Rights Testing Planned, Part II
HR 45 — Gun Rights Licensing Test
Illinois congressman Bobby Rush, from Obama’s home state and with a voting record on gun ownership as bad as Obama’s, introduced a bill on the first day of the 111th Congress that shows what we can expect. If we don’t defeat this bill, and others expected to follow it, gun owners will lose guns and the industry will suffer harm beyond description.
Under HR 45, if you can’t pass a complex test written by the U.S. Attorney General (described in detail below), pay the tax, give up fingerprints and a biometric-capable photo of yourself (that can be turned into a digital facial-recognition number and used as a de facto national ID), every gun you own will become contraband and subject to confiscation, while you stand trial before imprisonment. You’d think Bobby, a former black panther, would know better.
Your rights will have an expiration date, and if you screw up and miss it, you’ll be in the same mess as people who can’t pass the test. Can you say “unconstitutional”? Do you think these “gun bigots” care?
Now that the Supreme Court has made it clear in the Heller case that government can’t ban guns, the Brady’s have stopped saying they want to ban guns. So the virtually treasonous Bobby Rush bill doesn’t ban guns, it bans gun owners, maybe by the millions. How many gun owners read poorly or don’t test well? How many can’t explain local, state and federal gun laws? They’d become prohibited possessors under HR 45. Are there any limits to what the AG can put on the test? The bill doesn’t mention any — it gives the AG a free hand to include anything.
Had enough? HR 45 has an innocent-looking line that says ’strike the second sentence of 18 USC 926(a)’. That’s the line that says the federal government cannot make a central registry of gun owners.
The anti-rights people have to repeal that line, because Bobby’s bill flat-out creates a central gun registry. Every gun owner must be registered to keep on possessing the guns they already own, and any transfer of any kind must be registered as well. The mark of the beast is upon us, to apply a metaphor.
See the bill for yourself (click “Bill Number” and enter “HR 45″):
http://thomas.loc.gov
Read the gun-ban list the antis have already published:
http://www.gunlaws.com/GunLawUpdate3.htm
Get a book on how you can be more effectively politically:
http://www.gunlaws.com/books3.htm
Here’s my detailed analysis of the bill, in plain English.
HR 45
The bill starts with a statement of purpose that says: ” because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce.” Basically, this eliminates the Tenth Amendment and the Interstate Commerce Clause. The Constitution can’t legally be amended by statute. Is that enough to seek Mr. Rush’s removal from office? I won’t bore you with the other “purposes” which are as bad or worse.
Only “qualifying firearms” are affected. That means any handgun, or any semi-auto firearm that has a removable magazine (what they call a ” detachable ammunition feeding device”).
After the bill becomes law (IF it becomes law), it’s illegal for you to have or get those firearms, even if you already own them, without a special federal license. There are grace periods up to two years to register yourself once the law is passed.
Do you see how clever this is? You cold-dead-fingers guys can keep your guns if you like, refuse to register yourselves, and then you’re subject to arrest on the spot. If you go anywhere with your guns — to the range, a store, a gunsmith, a friend’s house, hunting, competition — and you’re spotted, you go straight to jail. If you’re already on a list (can anyone say “carry permit” or “hunting license”?) and you don’t sign up, well, just connect those dots. Where does the cold-dead-fingers part come into play? I’ll bet the ranges will start requiring you to show your papers before you can hit the line.
To get the license you must “submit to the Attorney General” (they chose that phrase right by golly): a passport-type photo, identifying info, any name you have ever used or ever been known by (I have nicknames, pen names, stage names, omitting any presumably violates the statute) a thumbprint, certification that any firearms will be “safely” stored and out of possession of people under 18, authorization to give up any mental health records, and a certificate that you passed a government-run test.
The test must include knowledge of: safe storage, safe handling, use of firearms at home, the risks of firearms at home, local state and federal legal requirements for firearms, reporting requirements for firearms, and ANY other subjects the AG decides are appropriate. You date and sign the submission, making it perjury if your info is inaccurate.
I’m skipping some details on who can accept the form, time periods for filing it and similar red tape on this 4,600 word bill. The AG “shall” issue the license if you pass the test and do everything else, and also “shall” charge you a tax for the privilege of getting your rights licensed, up to $25 at present. This gets you a tamper-resistant photo ID card with your official number, address, date of birth, signature and the expiration date of your “rights” (about five years, it’s complicated). There’s a renewal procedure (it’s complicated) and no apparent limit on the renewal tax you will be charged (the AG gets power to control the details).
The license can be revoked for cause of course, and the AG “shall” make sure you give it up if it’s revoked.
Once this thing is in place, it’s illegal to transfer or receive any affected firearm (all handguns and any semi-auto with a magazine) without the license. Transfers can only be made to or from a licensed dealer, who has to jump through hoops and file papers, and has 14 days to get that done (a waiting period on the dealer’s shoulders), to get government approvals and authorization numbers.
The dealer must send the feds the gun name and/or model number, maker, serial number, your license number, name, address and transfer date, which the feds must store in a “Federal Record of Sale System,” a permanent national gun registry.
This needs to be said verbatim: “(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.” That sentence says the feds can’t register the firearms Americans own:
“No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act [1986] may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.” The Bobby Rush bill says kiss that sentence and its extremely crucial protections goodbye.
There are a few small exceptions for an undefined “infrequent” firearm gift, bequest or intestate succession among parents, their kids and grandparents and grandkids, and also for lending a firearm ” for any lawful purpose for not more than 30 days between persons who are personally known to each other.” Sloppy language in this part of the bill bans the transfer of any firearm (not just “qualifying” firearms) between anyone without going through the hoops.
If you lose a handgun or magazine-fed semi-auto, or if one is stolen from you — you’ve broken the law if you don’t report that to the AG within 72 hours.
If you own such guns, change your address and don’t notify the AG within 60 days — you’ve committed a crime. In other words, they track you non-stop or you’re subject to arrest. No victim, no harm, no foul, no evil, just government placing you in jail for failure to comply. Bobby Rush thinks this is good law, a legitimate use of government.
If you keep in your home a loaded firearm, or an unloaded firearm and ammo for it, and a person under 18 gets it and harms someone with it — you’ve committed a crime. There are some flimsy exceptions (like you know or should reasonably know federal and state gun law for kids) and of course, all the “proper” authorities — federal, state, local, military, elected, appointed, even employees of government on the job are exempted — twice. Bobby Rush says OK for thee but not for me, tee hee.
Lengthy penalty sections include two-, five- and ten-year sentences and fines for paperwork violations, possession violations, transfer violations, child-access violations, safe-storage violations and of course, failure to pass the test if you still keep your guns.
The bill ends with sweeping powers for the Attorney General that could be interpreted to mean almost anything, so the details I’ve described might be little more than a smokescreen! For instance: “The Attorney General may issue an order prohibiting the sale or transfer of any firearm that the Attorney General finds has been transferred or distributed in violation of this Act, an amendment made by this Act, or a regulation issued under this Act.”
There’s plenty of that in here, plus endless inspection powers, injunctive powers and even, “shall issue regulations… as the Attorney General determines to be reasonably necessary to reduce or prevent deaths or injuries resulting from qualifying firearms…” Is the AG someone we can trust? Or is it someone with utter contempt for the right to keep and bear arms? If it’s Eric Holder, Obama’s nominee, we get a guy who told the Supreme Court that a total gun ban in your own home is just fine and doesn’t violate the Bill of Rights.
Oh, and one final kick in the ribs. Federalism, the idea that states have powers the feds don’t, could get in the way. So the bill makes it clear that “…this Act may not be construed to preempt any provision of the law of any State or political subdivision of that State… except to the extent that the provision of law is inconsistent with any provision of this Act or an amendment made by this Act…” I am not making this up. The hubris and audacity of this bill’s author is monumental. My lawyer friends will tell me that legal mumbo-jumbo has become SOP, as the feds usurp any remaining crumbs of your state’s legitimate powers.
Maybe you’ve noticed that virtually none of this addresses criminals or crimes. Innocent gun owners are the target. This is about controlling the public and its private constitutionally protected property. Criminals are guaranteed to ignore the entire plan, and in fact, criminals CANNOT apply, since they can’t possess firearms in the first place. Even if criminals could apply, they’re protected from incriminating themselves by the Fifth Amendment, so they never would apply.
The bill of course makes no mention of this. That’s my job. And people tell me I’m paranoid, that gun bans are just a delusional fantasy of the wacko fringe. What does that say about Bobby Rush from Illinois, the perpetrator of this travesty. He and every co-sponsor he can find should be removed from office. Wherever he appears, people should rise and turn their backs on him as a gesture of disgrace.
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Stumble It!
tHE CRIMMINALS OF THIS COUNTRY MUST LOVE bobby rush .IF THIS ATROSITY PASSES WE WILL HAVE GIVEN THEM THE GOLDEN KEY THEYVE LONG AWAITED .
Hooo-Ahhh to Concerned Jarhead. We have to live to our oath. In uniform or civilian clothes, we are the warriors that are no less than our brothers of past, the minute man. We are armed because we were trained to be. We will stay armed no matter what clothes we wear or what vocation we are in. It is the American way and the way we will stay. My real name is not listed here, nor will it EVER be on some registry to own the tools I need to keep the oath I took. I am just here. I am just me. I am armed and I am American. You can sleep well at night knowing the Jarhead, myself and thousand others like us are awake at night to ward off enemy wether they be foreign or domestic. It has been instilled in us and we can’t change who or what we are. We won’t be changed. We can’t be changed. We are everwhere and we are the private protectors. Don’t think we will be disarmed or “registered”. We are what you made us to be ………. FREE. God bless America.
People like me are what keeps people like them from sleeping easy. I will support and defend the Constitution, not the gun banners and liberals. You keep the change.
When are the people of this great country going to stand up and say enough is a enough. Remember our veterans fought for our freedom . A hell of alot of the vet’s gave their all. So come on AMERICA lets stand up and stop this bill that threatens our rights and heritage.
FEB.25,09
Isn’t it amazing the same time these clowns are debating a joke of a stimulus package they bring this Bill up, me thinks it might be because when this non stimulus package blows up in their face we may all grab our guns and head to Washington. I don’t know Just saying something don’t smell right here. We better fight to keep our guns because we may need them.
I picked this bill up from the GOA (Gun Owners of America ) website the other day. I sent messages to my state representative and both senators, all of whom are liberal gun banners (except Lieberman – he's Jewish, sympathetic to just causes, and am not sure which side of this line he stands on) advising them to abandon trying to further limit the right of law-abiding gun owners – we vote! – and instead make very harsh penalties for violent felons, particularly those who use guns in the commission of a crime. I then sent copies to NRA-ILA and GOA, and plan to keep writing. The analysis in the OP is right on, from my reading of the bill.
Spread the word and write your congressional reps to let them know how strongly you feel. I do not advise anarchy or revolt, but to work within the process to get your points across. Join the NRA and GOA – every member in their ranks gives them that much more political power to get things done.
We need to start getting the media on our side. We need the NRA and other groups that we pay to protect us to start being more proactive in the media. We need to have them send the media stories about people defending them selves to the media in a manner that the people who don't know or understand guns will sympathize with.
If this never gets accomplished consider your children slaves or fugitives.
There is only one way to control this government: cut off their money supply. This land is like a train going downhill, piled heavier and higher with the weight of horrible and meaningless anti-liberty laws. The only way to turn that inerta-heavy train is to de-rail it. The only way to do that is by peaceful organized anarchy. Don't send the taxers the money they need to control your freedom. Decide to arbitrarily fund the Feds with 5% (we decide) of our income. Think of all the real jobs that would be created by getting rid of the tax infrastructure! Derail this train!
Political suicide for the democratic party. It this bill passes, I will not comply. The Tree of Liberty may need refreshing, as Mr. Jefferson suggested.
no way no how ARE THESE SOB'S GETTING MY GUNS OR TAX MONEY
What does one do with a small minded person. You cannot argue with them and you can't kill them, the best you can do is try to ignore the stupid s… o. b……
The mere fact that this bill is floated with ambiguous and impossible to regulate weak wording implicates the source. This is not well thought out and will invariably drive the wrong behaviors inclusing incitement of honest law abiding citizens to break the law to protect themselves from the criminals of whom this will not apply. Another dillusional liberal ideal that has proven not to work in other societies.
look for an end to the free internet under the disguise of “protecting our children.”
remember, it’s for your own good… and the good of the whole…
They banned guns in Australia and the UK. All crime stats up..a bunch. I was good enough to tote an M-16 and other weaponry in the army in Vietnam. Sometimes you just have to draw the line. Plus, I live in Texas. We don't need federal anything!
Quit ENABLING the government people. As long as you keep PROPPING THEM UP, they will keep beating YOU. I am THROUGH donating to food banks and shelters, that is “enabling” this government. Why should I “run interference” for those who caused this mess? The BUSH Friends and Family have made FORTUNES off this corruption/war/fiasco, let THEM donate. Otherwise, let the people get hungry, MAD and Hungry
'When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.' Thomas Jefferson
REVOLUTION is the Solution!!!
'God forbid we should ever be twenty years without such a rebellion…. And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms…. The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.' – Thomas Jefferson, in letter to William S. Smith, 1787
Let's let Illinois succeed. They haven't produced anything political of worth, EVER.
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