H.R. 8

Gila

Reps. Brian Fitzpatrick from Pennsylvania; Peter King from New York; Brian Mast of Florida; Chris Smith of New Jersey; and Fred Upton of Michigan, all Republicans, have signed on to cosponsor H.R. 8, the latest gun control bill moving through the House.

http://www.gopusa.com/five-republicans-join-democrats-for-useless-gun-control/

tennmike

That is one nasty bill, too.

https://www.congress.gov/bill/116th-congress/house-bill/8/text

A BILL

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,

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.

“(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.

“(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, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren;

“(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, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm;

“(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.

“(3) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.

“(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).

“(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.”.

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.

SEC. 6. Effective date.

The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.

earlyagain

Its too bad criteria can't be required for all proposed gun control legislation to pass an acid test by bipartisan congressional committee where supporters have to demonstrate how it would have prevented past tragedies.

coolgunguy

earlyagain said:

Its too bad criteria can't be required for all proposed gun control legislation to pass an acid test by bipartisan congressional committee where supporters have to demonstrate how it would have prevented past tragedies.

They don't care if it would have prevented past tragedies.  Their agenda has no room for past tragedies, apart from using them to further the agenda.  

CHIRO1989

I would like 1st cousins to be added to the list of relatives that can be gifted if this crap passes.

earlyagain

I'd rather see HR8 twice removed.😋

CaliFFL

A lot of people will suddenly become "domestic partners".  

Gila

If I was supposed to be represented by one of RINOs above, I'd want to contact him and explain to him at length the error of his ways.  Here in Arizona our best in the nation gun climate doesn't just happen by itself.

tennmike

I think the mentally challenged Congresscritters have made a fatal error in their calculations. The vast majority of firearms in private hands are not registered with the states. This would only be applicable if:

All new sales of firearms were registered with the state and some means of verifying the owner still had the firearm was possible. And the forcible registration of all those unregistered firearms was made mandatory by new state laws.

or

The Federal Government forced a registration of all legally held private firearms (blatantly illegal if the Constitution is followed) and then did periodic checks on your firearms. (Yeah, right! )

KMT2

Yeah Id like to say my Rhino would listen, but he is unwilling to do anything now that is not a true benefit to himself. 
He made up his mind some time ago and has made it very apparent with radio, tv and social media ads on this. Which tells me he does not have any support from his constituents.

tennmike

H.R.8 was voted on and passed in the U.S. House of Representatives. The Senate better kill that bill with extreme prejudice! It is that universal background check mess that forces private sales to go through a background check, among other things. And in the free states with no firearms licensing thing for private citizens it will be ignored. They can't regulate what they don't know folks have.

Diver43

I doubt it will ever see a vote in the senate. Just another ploy for the liberals to point fingers and say no not our fault, no matter what the people want

KMT2

Diver43 said:

I doubt it will ever see a vote in the senate. Just another ploy for the liberals to point fingers and say no not our fault, no matter what the people want

One can only hope.
 
 The issue here in Michigan is we have to get a purchase permit for each pistol purchase and it gets registered , to a point. Our long guns are not required to have a purchase permit. So they are " not  registered". For this to work it would require the cessation  of the 4th amendment and they the cops to enter every home and look for all non registered guns. Which I see as a headache for all involved.

Now to make it worse a few dems in Michigan have placed Red Flag laws in a bill and are pushing that forward.
 Hopefully it gets killed but , I think it will get some serious traction. That I see as a major issue, more than the medical and judicial community sending over the needed documents to the background people , and the background people up dating their ( bad word, and I mean very bad word) documents to properly do there,( again very bad word) jobs.

tennmike

It passed the House. Next up; national gun registration to make this actually work. The Democratic Socialist Party, a.k.a. the new neo Nazi Party, is working hard to make it a reality. Next up is HR1112.