GOA Alert: Senate bill on trafficking will ban more guns than Feinstein's bill

[Sam1]

http://capwiz.com/gunowners/issues/alert/?alertid=62464561

 

In short this bill would make it a federal crime to break ANY state's gun laws. Meaning we in TN would be subjected to NY state firearms laws, this is Feinstein's bill on steroids, human growth hormon, and crystal meth.  Need to send responses to this ASAP

 

 

But, at its core, S. 54 would make it a federal crime to violate virtually any state gun law. 

Section 5 creates a new prohibited person” classification which makes it a federal crime to transfer a gun if “prohibited by State or local law ... from possessing [or] selling ... THE firearm or ammunition.”  [Emphasis added]

 

 

The link above has a way to contact senators, just follow it.

[hipower]

Thanks, that's a new one one me. Hadn't run into it. 

Edited March 3, 2013 by hipower

[Guest scott4813]

Thanks, action taken.

[Sam1]

Please share the link on all the other forums you frequent

[hipower]

Sent to my email list.

 

I don't hang out anywhere else, this is about all I can handle. :cool:

[TrickyNicky]

Yeah, TGO is almost too much fun to handle. We're beyond the barrel of monkeys stage and well into the shipping container of gorillas stage.

I'll send some emails tonight regarding the OP, sounds like it has even less chance out of the gate than Fienstiens but will take the appropriate measures all the same.

[RED333]

Done

[npgunner]

Agreed with above ... this is my only forum. If I spent as much time elsewhere as I do here I'd have to start selling the dog and anything else I could get my hands on to make a living. No time for elsewhere.

And also sent emails re the OP

[Moped]

Done!!!

[c.a.willard]

How many people on here actually look up and read the legislation.  Just out of curiousity.   From my reading it bassically appears to change very few things, none of which i can see would make NY's laws applicable to TN.    

 

The big change is changing the laws from only prohibiting sale to federally prohibited persons to include state prohibited persons. 

 

SEC. 3. PUNISHING AND DETERRING STRAW PURCHASING OF FIREARMS.

 

• (a) In General- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

 

`Sec. 932. Straw purchasing of firearms

 

• `(a) Any person (other than a licensed importer, licensed manufacturer, or licensed dealer) who knowingly purchases any firearm for, on behalf of, or with intent to transfer it to, any other person, if that firearm has moved in or otherwise affected interstate or foreign commerce, or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 20 years or both. For purposes of this section, the term `purchases' includes the receipt of any firearm from pawn or on consignment by a person who does not own the firearm.

 

• `(b) Subsection (a) shall not apply to any firearm that is lawfully purchased by a person--

 

• • `(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reason to believe such recipient is prohibited by Federal, State, or local law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or

 

• • `(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reason to believe such recipient is prohibited by Federal, State, or local law from possessing, purchasing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm.

 

• `(c) If any violation of subsection (a) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 30 years.

 

`Sec. 933. Forfeiture and fines

 

• `(a)(1) Any person convicted of a violation of this chapter shall forfeit to the United States, irrespective of any provision of State law--

 

• • `(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

 

• • `(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

 

• `(2) The court, in imposing sentence on a person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed pursuant to this chapter, that the person forfeit to the United States all property described in paragraph (1).

 

• `(b) A defendant who derives profits or other proceeds from an offense under this chapter may be fined not more than the greater of--

 

• • `(1) the fine otherwise authorized by this part; and

 

• • `(2) the amount equal to twice the gross profits or other proceeds of the offense under this chapter.'.

 

• (b) Title III Authorization- Section 2516(1)(n) of title 18, United States Code, is amended by striking `and 924(n)' and inserting `, 924, and 932'.

 

• (c) Racketeering Amendment- Section 1961(1)(B) of title 18, United States Code, is amended by adding at the end the following: `section 932 (relating to trafficking in firearms),'.

 

• (d) Money Laundering Amendment- Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking `section 924(n)' and inserting `sections 924(n) and 932'.

 

• (e) Directive to Sentencing Commission- Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 of title 18, United States Code and other offenses applicable to the straw purchases of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing offenses. In carrying out this subsection, the Commission shall ensure that the sentencing guidelines and policy statements reflect Congress' intent that the applicable guideline penalties be increased and the guidelines and policy statements reflect the extremely serious nature of the offenses described in the amendment made by subsection (a), the incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses.

 

• (f) Technical and Conforming Amendment- The table of sections of chapter 44 of title 18, United States Code, is amended by adding at the end the following:

 

• • `932. Straw purchasing of firearms.

 

• • `933. Forfeiture and fines.'.

 

SEC. 4. AMENDMENTS TO SECTION 922(a)(6).

 

• Section 922(a) of title 18, United States Code, is amended by adding at the end the following:

 

• `For purposes of paragraph (6), in addition to the eligibility of a person to ship, transport, receive, or possess any firearm or ammunition, information concerning the identity, age, place of residence (to include address), and citizenship or immigration status of a person shall be considered material to the lawfulness of the sale or other disposition of a firearm or ammunition'.

 

SEC. 5. AMENDMENTS TO SECTION 922(d).

 

• Section 922(d) of title 18, United States Code, is amended--

 

• • (1) in paragraph (8), by striking `or' at the end;

 

• • (2) in paragraph (9), by striking the period at the end and inserting `;'; and

 

• • (3) by striking the matter following paragraph (9) and inserting the following:

 

• • `(10) is prohibited by State or local law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm or ammunition;

 

• • `(11) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (10); or

 

• • `(12) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law.

 

• This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.'.

 

SEC. 6. AMENDMENTS TO SECTION 924(h).

 

• Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following:

 

• `(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or section 212(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 30 years, fined in accordance with this title, or both.

 

• `(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.'.

 

SEC. 7. AMENDMENTS TO SECTION 924(k).

 

• Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following:

 

• `(k)(1) A person who, with intent to engage in or to promote conduct that--

 

• • `(A) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;

 

• • `(B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or

 

• • `(C) constitutes a crime of violence (as defined in subsection (c)(3)),

 

• smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 10 years, fined under this title, or both.

 

• `(2) A person who, with intent to engage in or to promote conduct that--

 

• • `(A) would be punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or

 

• • `(B) would constitute a crime of violence (as defined in subsection (c)(3)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States,

 

• smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 10 years, fined under this title, or both.'.

 

[Oh Shoot]

How many people on here actually look up and read the legislation.  Just out of curiousity.   From my reading it bassically appears to change very few things, none of which i can see would make NY's laws applicable to TN.    

 

Thanks, ... didn't spend much time with it, but c'mon, like a  federal law that says everbody must obey some other state's law in your own state?

 

I'm sure all the states would just jump to agree with such a totally anti-states' rights premise, eh?

 

- OS

Edited March 4, 2013 by Oh Shoot

[Sam1]

Coming from GOA, I'm going to trust their legislative team. The specific language in the bill is a bit different than my post leads on, my mistake on that part.

 

What this does is effectively create a localized federal law that is isolated to specific states. There is no possible way that will work, nor is it the intent behind the push. They're not adding those changes in there because it's best for us.

 

The way they will try to get this through is by arguing that this only reinforces and impacts residents of a states that have passed laws which is simply not what the goal is.

[Sam1]

For the legal hounds, are you all aware of any federal law that applies to certain citizens and not others? - Asking out of seriousness, I've never heard of any such.

[c.a.willard]

Coming from GOA, I'm going to trust their legislative team. The specific language in the bill is a bit different than my post leads on, my mistake on that part.

 

What this does is effectively create a localized federal law that is isolated to specific states. There is no possible way that will work, nor is it the intent behind the push. They're not adding those changes in there because it's best for us.

 

The way they will try to get this through is by arguing that this only reinforces and impacts residents of a states that have passed laws which is simply not what the goal is.

 

And that is part of the the gun communities problem.  There are certain sources such as the GOA that we would like to beleive are not misconstruing facts to their benefit, but that is just not always the case.  When it comes to the argument of gun(people) control vs individual liberties it pays to individually verify the information given to you even if it is a trusted source.  When we spew out information without checking it first and its wrong it makes us seem ignorant at best.  

 

Im not saying its a good law, It's not necessarily a bad one(gun grab)either.  What it is for sure is an unneccessary law that will in reality do next to nothing for that reason alone it should never had been proposed.  I suspect that in reality this law was designed to be more of a revenue generator for the fed  allowing them to take over cases that should remain firmly in the states hands.   

 

Just my thoughts on it.  things i like vs dislike

 

Like: 

Increase in mandatory sentencing

may help put a stop to buying firearms in the current market just to mark them up for resale

• `(a) Any person (other than a licensed importer, licensed manufacturer, or licensed dealer) who knowingly purchases any firearm for, on behalf of, or with intent to transfer it to, any other person, if that firearm has moved in or otherwise affected interstate or foreign commerce, or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 20 years or both. For purposes of this section, the term `purchases' includes the receipt of any firearm from pawn or on consignment by a person who does not own the firearm.

 

Major dislikes:

• `(a)(1) Any person convicted of a violation of this chapter shall forfeit to the United States, irrespective of any provision of State law--

`               (B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

 

(example) you buy a rifle at the gun store drive it home store it in your safe and post it online for resale.  Under this provision the fed could confiscate your car home safe and computer.  My real big issue here is the irrespective of state law part. 

[Guest Gunbunnie]

Have not read the bill, but if other states laws are enforced here, would not our law have to be enforced their? Would New York have to allow me to carry (carry open if I wanted to), or drive aroud the city with an AR in a gun rack with no bullet in the chamber. I sounds like it is unenforce able, and would be against state rights. But like I said I have not read the bill.

[Guest Nunya]

Emails sent, and I went ahead and joined while I was there.