This bill has gone through many changes since it was first introduced.
I do not condone ANY restrictive law to start with.
My view is enforce current laws and clarify current laws that are poorly written.
And pass NO LAW that restricts my 2A rights at all.
But this does have a chance of getting through the Senate at this time and the Democraps are pushing hard on this with a campaign to vilify those that are Pro 2A.
That being said.
For now the Senate has resisted the bill heavily but things are changing.
I have BOLDED the lines that have changed or I have concern with.
I placed this and Blocked in my comment.
Here is the latest text of this:
H. R. 8
To require a background check for every firearm sale.
IN THE SENATE OF THE UNITED STATES
February 28, 2019
Received; read the first time
March 4, 2019
Read the second time and placed on the calendar
To require a background check for every firearm sale.
[Every firearm sale Yet the bill has exceptions that contridict this line. I DONT TRUST CONGRESS TO NOT FALL BACK ON THIS LINE]
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 “Bipartisan Background Checks Act of 2019”.
SEC. 2. Purpose.
The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms.
SEC. 3. Firearms transfers.
Section 922 of title 18, United States Code, is amended—
(1) by striking subsection (s);
(2) by redesignating subsection (t) as subsection (s); and
(3) by inserting after subsection (s), as redesignated, the following:
“(t) (1) (A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s).
“(B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.
“© If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.
“(2) Paragraph (1) shall not apply to—
“(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;
“(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law;
“© a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;
“(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse;
[I like this provision but it places the transferor in a precarious position of proving they had no reason to believe that the receiver had ill intent]
“(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or
“(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively—
“(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting;
“(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor—
“(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and
“(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or
“(iii) while in the presence of the transferor.
[This provision also places the transferor in a precarious position of proving they had no reason to believe that the receiver had ill intent]
“(3) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
[This allows the AG to write regulations that can be open to interpretation too broadly. An anti-gun AG could really restrict gun rights with this if so inclined]
“(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1).
“© Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers.
“(D) Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (1).
[This section could allow those licensees to charge whatever they like and some unscrupulous persons could take advantage of this easily ]
“(E) Regulations promulgated under this paragraph shall include, in the case of a background check conducted by the national instant criminal background check system in response to a contact from a licensed importer, licensed manufacturer, or licensed dealer, which background check indicates that the receipt of a firearm by a person would violate subsection (g)(5), a requirement that the system notify U.S. Immigration and Customs Enforcement.
“(4) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.”.
[What the hell does this say? I am concerned that this says no transfers can take place unless the licencee can show proof they gave the reciever the notice. How the hell are they going to prove that? Video it?]
SEC. 4. Technical and conforming amendments.
(a) Section 922.—Section 922(y)(2) of title 18, United States Code, is amended in the matter preceding subparagraph (A) by striking “, (g)(5)(B), and (s)(3)(B)(v)(II)” and inserting “and (g)(5)(B)”.
(b) Consolidated and Further Continuing Appropriations Act, 2012.—Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by striking “subsection 922(t)” each place it appears and inserting “subsection (s) or (t) of section 922”.
SEC. 5. Rule of construction.
Nothing in this Act, or any amendment made by this Act, shall be construed to—
(1) authorize the establishment, directly or indirectly, of a national firearms registry; or
(2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act.
[So a state like CaliforkU can pass a more restrictive law restricting the states citizens such as stating no firearms in the state regardless of the background check? ]
SEC. 6. Effective date.
The amendments made by this Act shall take effect 210 days after the date of the enactment of this Act.
Passed the House of Representatives February 27, 2019.
Comments and your concerns?