While universal background checks are pushed as a response to the El Paso and Dayton shooting attacks, it should be remembered that such checks are unenforceable without a gun registry.
In other words, once such checks are in place, it is only a matter of time before lawmakers — in one party or the other — suggest a loose registration scheme. They will most likely do this in the days after the first mass public attack that occurs once universal background checks are the law of the land. Breitbart
H.R.8 specifically prohibits establishment of a national gun registry. But, it establishes the de facto process to gather the data which will reside in the dealer’s bound books forever. When a dealer goes out of business, their records are sent to ATF. Scanning and OCR technology can convert all dealer records they have, or care to photocopy during dealer inspections, into digital databases in short order. That may not occur right away, but only a fool thinks the gun grabbers will not push for a national gun registry as the next step when their plans fail to stop criminals and crazy people.
Calendar No. 29
H. R. 8
To require a background check for every firearm sale.
To require a background check for every firearm sale.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Bipartisan Background Checks Act of 2019”.
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.
Section 922 of title 18, United States Code, is amended—
(1) by striking subsection (s);
(2) by redesignating subsection (t) as subsection (s); and
“(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.
“(C) 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.
“(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;
“(C) 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;
“(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;
“(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.
“(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1).
“(C) 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).
“(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.”.
(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”.
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.
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.
ERPOs open up a Pandora’s Box of ways for cunning lawyers and conniving family members to exploit gun owners.
Red flag ERPO bills have been written so broadly on two fronts that in some instances, people are given near-endless possibilities by which to use the legal system to persecute gun owners.
Some ERPO bills restrict those who can report “high risk” individuals to family and law-enforcement, whereas some laws would expand the list to allow just about anybody to accuse.
The list of what violations you can be reported for is all over the place. If you drank beer one night, and someone took that the wrong way or thought you were out of control, they could take that to court. If someone was in your house and felt your guns were not stored properly, it could be grounds for a report. If you made a comment to someone or seemed depressed, virtually raising any type of “mental health” red flag could end with you battling for your Second Amendment rights in court.