and FBI; potentially reaches into your home
Senator Lautenberg at a press conference introducing legislation
to close the "gun show loophole." He was joined at the event by
Sens. Jack Reed (D-RI) and Dianne Feinstein (D-CA); Paul Helmke,
President of the Brady Campaign to Prevent Gun Violence; Sue
Else, President of National Network to End Domestic Violence;
and victims and family members of the Virginia Tech tragedy.
Photo courtesy of Sen. Frank Lauternberg.
The language for S. 843, Senator Frank Lautenberg’s bill to close the mythical “gun show loophole,” is now available on THOMAS (Library of Congress) and, despite naysayers’ doubts, it is every bit as bad as expected. For reasons stipulated below, this is almost certainly the first gun bill Democrats will try to move.
CONTENTS OF THE BILL
As I predicted, S. 843 is nearly identical to S. 2577, Lautenberg’s gun show bill of the last (110th) Congress. It is a massive gun registration and licensing scheme which, in reality stretches beyond gun shows.
Here are the specifics, with referring proposed statutes:
- Gun show promoters must register with the Attorney General (AG): Within the bill, however, are absolutely no restrictions on the AG with regard registration requirements or fees. If you have any doubts about how AG Eric Holder will construe such requirements, click HERE. [Sec. 932(a)(1)&(2)]
- You are a “vendor” and subject to registration if you wish to sell even a single firearm: The promoter must obtain from you a government ID and retain a photo and a ledger signed by you for “such period of time and in such form as the Attorney General shall require…” (Read that: Permanently). “That’s not so bad,” you say, “After all, it isn’t as though the government is registering me.” No? Well how about this one:
“…the Attorney General may enter during business hours the place of business of any gun show promoter and any place where a gun show is held for the purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. Such entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show promoters and licensees conducting business at the gun show and shall not require a showing of reasonable cause or a warrant.” [Sec. 932(b)(1)&(2), Sec. 923(g)(1)] [Emphasis added]
- All gun sales would be registered, and not just be the computerized National Instant Check System (NICS), but directly to the Attorney General. Sec. 932(e)(1) & (2) require licensed gun dealers to keep separate bound records and forms for each transaction. Although the report doesn’t include the name of the buyer, his or her name could be easily retrieved using the firearm serial number … which, again, can be obtained at any time by the AG. Moreover, if you have the gall to buy more than one handgun in five days, the dealer must report you not only to the AG but to your state of residence by the close of business on the same day. [Sec. 932(e)(4) & (5)]
- S. 843 extends beyond gun shows: The key here is language which applies the law “if any part of a firearm transaction takes place at a gun show.” Translated, if you run into a friend and say, “Nice Perazzi, Harry. How much are you asking? Only $10,000?” you are required to register the transaction if you later buy the shotgun, even if the transaction takes place in your home.
- Penalties: Don’t worry, gentle readers. If you violate any of these laws, intentionally or accidentally, you are only subject to two years imprisonment (five for repeat offenses). The gun show promoter and licensed dealer, on the other hand, may be imprisoned for five years or even ten years for “serious recordkeeping violations.” Makes you want to be a gun dealer, doesn’t it?
CONSTITUTIONALITY
One canny reader of Thursday's piece on S. 843 asked how such a bill could possibly be constitutional. The answer lies in Article I, Section 8, under which Congress may “...regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes...” Guns move in interstate commerce, and federal gun laws are frequently justified under various, tortured interpretations of this clause.
THIS IS THE BILL THEY WILL MOVE
As fellow examiner Kurt Hofmann expressed it, S, 843 is “low hanging fruit.” Other gun control proposals, such as a ban on semi-automatic firearms, have drawn intense opposition. Democratic leadership is avoiding them until the time is right. A “gun show” bill, on the other hand, seems “reasonable” to uninformed voters. Their intentions are telegraphed by the fact Lautenberg has signed on eleven powerful Democrats as sponsors.
The rest is up to you: If you do nothing, Reid, Pelosi et al. will move this bill. If they succeed, Democrats will be emboldened, and will follow shortly thereafter with a semi-auto ban. This is precisely what they did in the 1990s, when they first ran the Brady Act, following it closely with the so-called” assault weapon” ban.
IMMEDIATE ACTION REQUIRED
S. 843 has been assigned to the Senate Judiciary Committee, chaired by Sen. Patrick Leahy (D-VT). Immediately contact members of the committee and deliver the message, loud and clear, that you will not tolerate this or any other gun control bill from the 111th Congress. It is particularly important that you contact your senator if he or she is on the committee.
To contact other members of the Judiciary Committee:
The 19 members of the Judiciary Committee are listed in the link above. Congressional legislators often use e-mail contact forms in an attempt to ignore input from outside their district. If you are not in the legislator’s district, first try to find a direct e-mail. Failing that, a fax or phone call is best. Since mail processing safeguards were applied to Congress in the early 2001, mail may be slow to arrive.
www.fpaulvalone.com
For legislative information, go to:
www.GRNC.org
Check out other Gun Rights Examiners:
- Atlanta: Restaurant with anti-gun policy saved by a gun
- Austin: Questions persist about Paul Helmke, Brady Campaign
- Boston: The Educated Patriot: Unintended Consequences
- Charlotte: Lautenberg gun show bill is greatest threat in Congress
- Cleveland: Ohio State Parks volunteer coordinator says legal ccw may be considered 'threat or act of violence'
- DC: Milwaukee police chief Ed Flynn borrows a page from Bull Connors' playbook
- Denver: An insight about the liberal mind
- Los Angeles: Liberal Anger, broken homes and gun control
- Milwaukee: J.B. Vanhollen says open carry is legal in WI!
- Minneapolis: Milwaukee Police Chief Flynn is bordering on irresponsible
- National: 'Transforming concern into action' endangers lawful gun owners
- Seattle: Milwaukee, WI police chief setting stage for confrontation
- St. Louis: Oath Keepers: Napolitano's 'right wing extremists'?
- Wisconsin: JB Van Hollen open carry opinion
Comments
As a pro-gun control person, I fail to see how these provisions are bad. Guns can still be purchased. Would someone explain to me why these are problematic? I'm asking as someone who is not trying to provoke anything but wants to learn more about those who don't favor bills such as this. Thank you.
I don't know what your complaining about, this bill looks great to me. The less psychos running around with semi-autos in this country, the better.
Well spoon, consider me a psycho. If such as this ever passes,I will consider it a declaration of war on the American citizen. I know not what other citizens may do, but I will tell you what I have always done when someone has attacked me or my family or my rights. I fight back. And I don't mean I write harsh letters.
So spoon, tell me when you are ready to show up and enforce this kind of crap at my house. If you are not, you should not be willing to send others.
Psycho, I don't think that fits me. It may fit you. Despite its popular use, "psychotic" or "psychopath" do not mean evil mental aberrations nor evil persons. "Psychotic" simply means someone who has had a break with reality. Someone who cannot recognize reality, different from "neurotic" which means one sees reality but misinterprets it.
The word you should have used is sociopath. But in your present state of psychosis I can understand how reality is eluding you.
You will not like the reality of trying to force your will against our rights. Think about it sweetheart.
Why registration of transactions via gun shows is bad: Registration is the necessary prelude to confiscation. You can't have the latter without the former. It has been demonstrated not only in other countries, but in California and the city of New York.
Anyone who thinks Lautenberg or his successors will stop at registering private gun sales at gun shows is, at best, naive. It is an incremental approach to the confiscation of firearms. Nothing more, nothing less. -- FPV
Jay, as another poster stated, these are precursors to confiscation of privately held firearms. There is no law enforcement gain inherent in the proposal, it is purely and simply to extend the registration of firearms and their owners. Criminals obtain firearms at gunshows to the order of between 1 and 3 percent. It is alreadly illegal to do so for them. This legislation is addressed at law-abiding people only, for the purpose of future regulation/confiscation.
The point of living in the United States is enjoying our liberty. As the constitution says, we have rights granted to us by the creator.
The federal government exists only to expand its powers and intervention in the lives of the people. Thats called 'job security'.
Please, do not buy their marketing. Analyze it. You shouldn't need ANYONE to tell you why this is bad legislation, Jay. Do you believe that Americans are strong, logical, and capable of making good decisions the majority of the time?
Perhaps you don't see it that way. I actually can't honestly say I do either. But I know why this is the case; like a spoiled child, Americans have been able to stop using their minds and just enjoy fattening themselves like gluttons, living explicitly for the pursuit of pleasure and material wealth.
Unfortunately, years of chasing “The Good Life” and living “The American Dream” have dulled our collective senses.
We expect public schools to prepare our children like automatic tax funded babysitters and child raisers.
We work jobs we don't really enjoy so we can have a little extra weekend money.
We do everything BUT read about our founding fathers. They're mentioned, but shouldn't such revolutionary, brilliant individuals be discussed on a regular basis? They had very good reasons for framing the constitution the way they did. It was the optimal way to run a country. Unfortunately, there are no safeguards against people becoming mentally sloth-like and easily manipulated. You can't replace good parenting and logical reasoning with public schools and the media's encourage reactionary decision making.
All it takes is for a few members of our government to recklessly stir people into a panic, and then offer a 'solution' that ensures their tenure as a career politician. The media makes more money when this happens as well.
There are no boogie men under your bed. There are bad people in the world, but they are outnumbered. Bad things happen to good people, that is life.
But the type of people who will support gun control are reactionary, emotional, and blind to the realities of life. They will support any legislation the corrupt federal and state governments propose for the purpose of expanding their power and creating more job security, all in the name of “protecting families, and children”.
Corrupt politicians and their supporters are cowards of the highest caliber. Politicians hide behind families, religion, and children. Their supporters are afraid to think for themselves. Do not support gun control. While you're at it, do not support - A N Y - control. There are a few people who do believe in liberty still. Its never too late to swallow pride, learn about the concept of liberty and start working toward making our lives less complicated by gov't intervention.
Everyone wants to live at the expense of the state; unfortunately, too few realize that the state lives at the expense of everyone.
Some of you people are insane if you think this bill will stem the flow of ILLEGAL firearms . People who go to gun shows and purchase a firearm are 99.999 % legal to own the firearm . Federal checks are made in 99.99% of the purchases . You can buy a firearm on the street in any city in less than 30 minutes if you want one ILLEGALLY.Many of the psycos running around with semi-autos are probable elected representatives in the US government .
In 2007, Senator Barack Obama stood up for a gun owner.
He endorsed Alderman Dorothy Tillman in the Democratic primary. Tillman not only owns a gun but, according to eyewitnesses, even brandished one during a ward redistricting hearing in 1991. She is also infamous for refusing to be served by white waiters. A real charmer.
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