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Dead Constitution
See other Dead Constitution Articles

Title: Firearms tracking act gives authorities access to your 'mental health records'
Source: WND
URL Source: http://www.wnd.com/index.php?fa=PAGE.view&pageId=112728
Published: Oct 13, 2009
Author: Chelsea Schilling
Post Date: 2009-10-13 10:47:26 by F.A. Hayek Fan
Keywords: None
Views: 91
Comments: 8

A firearms tracking bill has many bloggers up in arms over a federal requirement that would purportedly force gun owners to list their firearms on federal income tax returns.

But while the bill implements sweeping gun-control measures – including one that would prohibit citizens from owning a gun without a license – the income tax provision doesn't exist.

The Blair Holt Firearm Licensing and Record of Sale Act, or H.R. 45, was introduced Rep. Bobby Rush, D-Il., on Jan. 6. While the bill does not include stipulations about reporting guns on tax forms, it does contain numerous gun-control proposals that are drawing fierce criticism from gun-rights advocates.

If enacted, the bill would forbid any person from owning any handgun or semiautomatic firearm that accepts a detachable ammunition feeding device, not including antiques, without obtaining a license.

Under the legislation, a person who is seeking a firearm license must submit to the attorney general an application including the following information:

1) current passport-sized photo

2) name, address, date and birthplace

3) any other name the applicant has used

4) a clear thumbprint

5) a statement that the individual is not a person prohibited by federal or state law from obtaining a firearm

6) certification that the applicant will keep the firearm safely stored and out of the possession of minors

7) certificate showing applicant has passed a written firearms examination on the safe storage of firearms, safe handling of firearms, use of firearms in the home and risks associated with use, legal responsibilities of forearms owners and "any other subjects, as the Attorney General determines to be appropriate"

8) authorization to release "to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant"

9) the date on which the application was submitted

10) applicant signature

The bill makes it illegal for "any person to sell, deliver, or otherwise transfer a qualifying firearm [any handgun or semiautomatic firearm that accepts detachable ammunition feeding device, not including antiques] to, or for, any person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, or to receive a qualifying firearm from a person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector" without verifying that the transferee has a valid license. However, this requirement does not apply to "infrequent transfer of a firearm by gift, bequest, interstate succession or other means by an individual to a parent, child, grandparent, or grandchild of the individual, or to any loan of a firearm for any lawful purpose for not more than 30 days between persons who are personally known to each other."

Licensed dealers would be required submit to the attorney general or appropriate state authorities the following information within 14 days of a transfer of a qualifying firearm: 1) manufacturer, 2) model name or number 3) serial number 4) date of transfer 5) number of the transferee's valid firearm license 6) name and address of person who transferred the firearm.

Within nine months of the bill's passage, the attorney general would be required to establish and maintain a federal system to track sales, including all of the identifying information submitted during a transfer of ownership.

Under H.B. 45, it would be illegal to fail to report lost or stolen firearms or to fail to report change of address within 60 days of the change.

To ensure compliance with the act, the attorney general would be authorized, during regular business hours, to "enter any place in which firearms or firearm products are manufactured, stored or held, for distribution in commerce, and inspect those areas where the products are so manufactured, stored, or held."

The act does not apply to governmental authorities.

"This bill validates the concerns of sportsmen and gun owners about what … Congress and administration portend for Second Amendment rights," Lawrence G. Keane, senior vice-president/general counsel for the National Shooting Sports Foundation, told ESPN Outdoors.

Keane continued, "The U.S. Supreme Court definitively said in District of Columbia vs. Heller (2008) that the Second Amendment provides individual civil rights to law-abiding Americans to keep and bear arms. (They don't have to be in a militia to own and keep guns.) This bill, however, would treat those citizens who exercise their civil liberties like criminals."

National Rifle Association spokeswoman Rachel Parsons told ESPN the bill focuses primarily on guns as instruments as crime instead of penalizing the people who commit criminal acts. She said, under the bill, law-abiding citizens might become violators of the law.

"Several provisions in this bill would make compliance nearly impossible," she said. "For instance, the bill spells out that if a firearms license holder fails to notify the Attorney General of an address change within 60 days, that person would be subject to a 5 year prison term and a fine of up to $250,000."

She also condemned the licensing requirements in the bill.

"Any kind of bill that would require photographing and fingerprinting for simple possession of a firearm is fundamentally different in opinion from that which the NRA holds," she said. "Any law should target the criminal element, but this law would simply further burden law-abiding people."

The bill has been referred to the House Judiciary, Subcommittee on Crime, Terrorism and Homeland Security and does not have a single co-sponsor, leading many to believe passage is highly unlikely.

Keane said the legislation is far too far-reaching and repressive to become law.

"If this bill passes, Democrats would likely lose (control of) their chamber in upcoming mid-term elections (2010)," he said. "The leadership in the House knows that."

In April, a group of more than 450 gun-rights advocates sent a letter signed by more than 3,000 people to lawmakers in condemnation of H.R. 45.

"We are tired of our rights being denigrated and destroyed," it said. "[A]ny politician who votes for this bill or any bill of this type will be noted, and voted against when they come up for re-election."

The letter noted that more than 200,000 existing gun laws "do nothing to stop or curtail criminals." It states that history and statistics both prove that such bills are destructive to the citizenry.

"If this bills' purpose is to truly 'protect the public against the unreasonable risk of injury and death' then the Congress should realize that the only threats to the public are from a criminal element that this bill … will not address, and from the government itself."

"With guns, we are 'citizens,'" the letter concludes. "Without them, we are 'subjects.'"

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#1. To: Hayek Fan (#0)

It's about time for the resistance to go hot.

Iran Truth Now!

Lod  posted on  2009-10-13   10:54:04 ET  Reply   Trace   Private Reply  


#2. To: Lod (#1)

It's about time for the resistance to go hot.

That won't happen as long as the American sheeple have access to cable TV and video consoles. Only a small minority of people are paying attention and out of that small minority, my guess is that most of them agree with the direction we are going. Those not paying attention won't wake up until it's too late.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- Elliott Jackalope

F.A. Hayek Fan  posted on  2009-10-13   10:58:19 ET  Reply   Trace   Private Reply  


#3. To: Hayek Fan (#0)

If enacted, the bill would forbid any person from owning any handgun or semiautomatic firearm that accepts a detachable ammunition feeding device, not including antiques, without obtaining a license.

Bite me.

Under H.B. 45, it would be illegal to fail to report lost or stolen firearms or to fail to report change of address within 60 days of the change.

Bite me.

Under the legislation, a person who is seeking a firearm license must submit to the attorney general an application including the following information:

Bite me.

Lots of bills have come down the road like this. It's worth keeping an eye on. Many of these types of draconian bills die in committee or fail to gain sufficient sponsorship. Watch this one carefully.

If it ever gets close to even being voted on, we need to let these dirt balls know in clear, unambiguous language, that we will not obey, and further, that we will reject any attempts to compel us to obey.

MapQuest really needs to start their directions on #5. Pretty sure I know how to get out of my neighborhood.

SonOfLiberty  posted on  2009-10-13   11:01:05 ET  Reply   Trace   Private Reply  


#4. To: SonOfLiberty (#3) (Edited)

I don't care what laws they pass. I will not comply and neither will tens of millions of other gun owners.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- Elliott Jackalope

F.A. Hayek Fan  posted on  2009-10-13   11:03:18 ET  Reply   Trace   Private Reply  


#5. To: Hayek Fan (#4)

It's like they want violence. They're pushing so goddamned hard doing exactly what they know actual constitutionally minded Americans will revolt against.

We'll see where this bill goes. I suspect that it will fade away. And I hope I'm right on this one.

MapQuest really needs to start their directions on #5. Pretty sure I know how to get out of my neighborhood.

SonOfLiberty  posted on  2009-10-13   11:06:55 ET  Reply   Trace   Private Reply  


#6. To: SonOfLiberty (#5)

It's like they want violence. They're pushing so goddamned hard doing exactly what they know actual constitutionally minded Americans will revolt against.

It seems every year that goes by the two party fraud gets more and more brazen and obvious. Hell, can you blame them? Look at what happened after eight years of Republicrats governing like Democans. The majority of the incumbents were reelected. They have come to the obvious conclusion that no matter what they do, the American people will not abandon them.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- Elliott Jackalope

F.A. Hayek Fan  posted on  2009-10-13   11:12:00 ET  Reply   Trace   Private Reply  


#7. To: Hayek Fan (#0)

Too bad for them I've long since encoded my Johnny Rebel songs in MP3 format.

The western world’s first parliament, called the Althing, was established in Iceland. It has convened every year without exception since 911 AD.

Prefrontal Vortex  posted on  2009-10-13   11:20:56 ET  Reply   Trace   Private Reply  


#8. To: SonOfLiberty. all shooters here (#5)

It's like they want violence. They're pushing so goddamned hard doing exactly what they know actual constitutionally minded Americans will revolt against.

We'll see where this bill goes. I suspect that it will fade away. And I hope I'm right on this one.

Amen to that.

Iran Truth Now!

Lod  posted on  2009-10-13   11:33:33 ET  Reply   Trace   Private Reply  


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