First guncontrol bill of 2009 HR45 federal Gun registration
This bill is now stuck and not expected to move. But this post is kept here for archive info.
Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 (HR45 Introduced in House)
(a) Findings- Congress finds that–
(1) the manufacture, distribution, and importation of firearms is inherently commercial in nature;
(2) firearms regularly move in interstate commerce;
(3) to the extent that firearms trafficking is intrastate in nature, it arises out of and is substantially connected with a commercial transaction, which, when viewed in the aggregate, substantially affects interstate commerce;
(4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce;
(5) gun violence in the United States is associated with the majority of homicides, over half the suicides, and two-thirds of non-fatal violent injuries; and
(6) on the afternoon of May 10, 2007, Blair Holt, a junior at Julian High School in Chicago, was killed on a public bus riding home from school when he used his body to shield a girl who was in the line of fire after a young man boarded the bus and started shooting.
(b) Sense of the Congress- It is the sense of the Congress that–
(1) firearms trafficking is prevalent and widespread in and among the States, and it is usually impossible to distinguish between intrastate trafficking and interstate trafficking; and
(2) it is in the national interest and within the role of the Federal Government to ensure that the regulation of firearms is uniform among the States, that law enforcement can quickly and effectively trace firearms used in crime, and that firearms owners know how to use and safely store their firearms.
(c) Purposes- The purposes of this Act and the amendments made by this Act are–
(1) to protect the public against the unreasonable risk of injury and death associated with the unrecorded sale or transfer of qualifying firearms to criminals and youth;
(2) to ensure that owners of qualifying firearms are knowledgeable in the safe use, handling, and storage of those firearms;
(3) to restrict the availability of qualifying firearms to criminals, youth, and other persons prohibited by Federal law from receiving firearms; and
(4) to facilitate the tracing of qualifying firearms used in crime by Federal and State law enforcement agencies.
You see congress can not regulate anything but interstate commerce so they just declare the guns in our homes interstate commerce and now they can require them to be licensed.
`(aa) Firearm Licensing Requirement-
`(1) IN GENERAL- It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the applicable date, unless that person has been issued a firearm license–
(a) In General- In order to be issued a firearm license under this title, an individual shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include–
(1) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
(2) the name, address, and date and place of birth of the applicant;
(3) any other name that the applicant has ever used or by which the applicant has ever been known;
(4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;
(5) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;
(6) a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;
(7) a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding–
(A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;
(B) the safe handling of firearms;
(C) the use of firearms in the home and the risks associated with such use;
(D) the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and
(E) any other subjects, as the Attorney General determines to be appropriate;
(8) an authorization by the applicant 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; and
(10) the signature of the applicant.
So you have to apply to the new Obama anti gun att general to get permission to keep your gun.
So much for Obama not being anti gun Hu. I don’t see Obama saying he won’t pass this new democrat party bill.
This law is unconstitutional because guns in our homes are not interstate commerce 1 and 2 even if they were it violates your 2nd amendment right to have a gun if you can not pass the permit rules not to mention the huge fees they will charge to prevent you from applying.
SEC. 202. FIREARM RECORDS.
(a) Submission of Sale or Transfer Reports- Not later than 14 days after the date on which the transfer of qualifying firearm is processed by a licensed dealer under section 922(bb) of title 18, United States Code (as added by section 201 of this Act), the licensed dealer shall submit to the Attorney General (or, in the case of a licensed dealer located in a State that has a State firearm licensing and record of sale system certified under section 602 of this Act, to the head of the State agency that administers that system) a report of that transfer, which shall include information relating to–
(1) the manufacturer of the firearm;
(2) the model name or number of the firearm;
(3) the serial number of the firearm;
(4) the date on which the firearm was received by the transferee;
(5) the number of a valid firearm license issued to the transferee under title I of this Act; and
(6) the name and address of the individual who transferred the firearm to the transferee.
(b) Federal Record of Sale System- Not later than 9 months after the date of the enactment of this Act, the Attorney General shall establish and maintain a Federal record of sale system, which shall include the information included in each report submitted to the Attorney General under subsection (a).
(c) Elimination of Prohibition on Establishment of System of Registration- Section 926(a) of title 18, United States Code, is amended by striking the second sentence.
So just to make it worse the bill creates a national firearm database of all guns to be stored with the Attorney General.
Special Forum Templates.
I don’t know what y’all are complaining about? Heck, drugs are illegal and look at how much good that did for trafficking, distribution and use. It’s almost nonexistent these days. If I recall correctly, drunk driving is also against the law and to be honest, I can’t remember the last time I turned on the news and saw a story about someone dying at the hands of a drunk driver.
So as soon as we register all of our firearms we might as well get all of our knives, ropes, baseball bats, shovels, gloves that don’t fit, and anything else that has been used as a weapon and get ready to register those too.
And I’m sure the gang banging punks, drug dealing scum and the likes are going to be the first in line to register their weapons,since they are such fine examples of what an upstanding citizen should be.
I think our government can be fully trusted. Just look how well they have set up or economy so that the tax payer won’t have to commit so much personal income to shore up the crooks on wall street.
Don’t be nervous about going to jail when you use your unregistered weapon to protect your family from a home invasion, the courts will completely understand that you’re the victim, not the dirt bags that broke your door down who’s crack addicted family is now suing you for everything you’ve got. That would never happen.
Oh my GOD, yes I said GOD, I am terrified!
Being a retired police officer, I have mixed feelings on gun control. Yes I believe we need it, but I don’t think we need to go overboard.
1. Stop all of the travelling Gun Shows/Sales.
2. If you want to purchase a weapon, whether it be
a handgun, rifle or a shotgun what is the
problem with having to wait 10 days for a
clearance. Even as a police officer I had to wait
for c clearance to purchase a personnal weapon.
3. Assault type weapons should be available to only
military and law enforcement. Currently the cops
are overpowered on the streets. The bad guys
have heavier firepower.
We don’t need a drastic change in the gun laws, let’s just use some common sense.
Dont care if you are a Police Officer you dont know what you are talking about.
Hunting rifles are more powerful than Assault weapons and can hold as many shells and shoot just as fast.
If you are want high powered weapons banned then you dont want assault weapons banned you want hunting rifles banned.
I find it odd that a real police officer would not know this.
Here is the test we did. We shot a mellon with a Assault weapons you want to ban.
I see no reason to ban Assault weapons they are NOT more powerfull.
I also have many cases of people being killed because they had to wait for firearm permits and the police did not protect them.
Gun Control KILLS!
Sounds like Dennis would like to live in a police state. And as far as using common sence, going after the criminal makes sense, going after the guy who happens to own a gun does not. how about next time you go to buy a cell phone you wait 10 days. Criminals use cell phones, if you want one it would be worth the wait, right?! see how rediculous that sounds. Instead of treating people like criminals, treat criminals like criminals. the courts let so many crooks off light on their first offense, then nexttime they let them off easy because “well last time he got off light” whynot this time.
1. The 2008 joint University of Michigan/Maryland study finds that Gun Shows do not “contribute to higher murder or suicide rates.” Get over it.
2. Tell that to the women murdered by ex-husbands because they had to WAIT. Remember, the Supreme Court held that police are under no obligation respond to a call and do not have to protect us.
3. Law abiding citizens are also outgunned by this stupidity. Remember the North Hollywood bank robbery? The brand-new AK-47s used by the criminals were manufactured then smuggled into this country AFTER the Brady Bill went into affect. The weapons used by the police to finally bring them down were given to them by a private citizen.
So because your a retired cop you feel that only cops and government bodies should have guns? Sorry to say that when seconds count I dont have minutes or hours for a cop to come to my rescue while Im being robbed at gun point. Thugs dont care about gun laws, only law abiding citizens do and thats an ass backwards approach we are citizens not subjects. Though I do everything lawful Im to the point now where Id rather risk having a felony, carry my gun and be breathing than to be six feet under because some idiot in washington who’s taking a kickback from anti-gun freaks care more about the criminal. The whole point to the 2nd amendment is not about hunting or sport it is to protect us from big government people like you. I think any law that hampers our right to carry and own is a clear violation of our god givin right to protect ourselves and our families. If you read it it says nothing about you have a right unless…it clearly states every American has the right to KEEP and BEAR. For someone in your former line of work and have seen the crime against innocent people, Im very taken back that you would even say something like that.
Banning assault style weapons is simply keeping the people from being able to do what the 2nd Ammendment is all about. It is the simply banning the appearance, rather than the function.
The 2nd Ammendment is not about hunting. It is about defending this country from all enemies, foreign and domestic. Today’s AR15 is just like the musket of 1776. We need them, and we need people to know how to use them.
I have heard of so many police officers using the handgun provided by the force to commit suicide after killing their wife and children. Or using their badge to do unspeakable things. This would be after a substantial background search on the officer. Does this make all police officers bad? No… Guns don’t kill people. People kill people. The government don’t need to tell me how to store my handgun or charge me for selling my hand gun.
What is so completely sad and dangerous about Dennis’ position and opinion is that the 2nd Amendment is 100% about citizens being able to combat the tyranny of their own government. Period. Read your history. Actually study it. Not just the PC version. The legislative, judicial and executive branches are to provide a balance to each other. BUT, the three are on supposed to be on ONE side of the scales of justice. Balancing them on the other is the armed citizenry. I for one don’t want the military nor police to have the only power. I’m an ex military. The key is to stop the bad guys. Not make the good guys bad ones by twisting our foundation.
Don’t believe me? Prove it.
I think its funny, all of you are talking about revolution about a civil war. can you remember the last time we had a civil war? was it in your generation or anywhere close to it? I understand protection and hunting, but do u really think hundreds of people are going to storm your house trying to kill you? or are you really a bad shot? If you pass a law that requires you to be a responsable human being or for helping us clean up some crime isn’t that worth it?
This type of falty logic is why this website was created back in the 90s.
GunControl kills many more people than it saves we have many case histories to prove this. So no its not worth it if it saves 1 life and over 1,000 get killed. Its not even worth it even if it only 1 gets killed to save 1. Why because the killers will find something else to kill with.
And yes we have a right not to hunt but to protect ourselves from home invasions like the one shown on TV last night.
It is our right to have a gun for protection.
It is not up to someone like you to decide how many people should give up our lives so that someone like you can feel safe.
respone to bad billy
I think it was Ben Franklin who said ” A man who would give up freedom for safety will have neither”.
its crap to have to possibly register,and have regulation on a gun I have owned over 30 years. Like someone else said i dont need people telling me how to lock up or store my gun. I havent had a problem in 30 years, and i wont have any in 30 more years. Thank GOD i had this gun In december of 1988 when a CRIMINAL forced his way into my garage. Seeing the muzzle of that 45 between his eyes is the only reason he turned and went the otherway. HR45 stinks and people will fight for there rights . The government once again has went too far.
ok first off i am a us solider amd i think every person in the free u.s. should be aloued to have a gun not just me not just you but every one. look at the numbers 95 pluse percent of crimes that used gus were with guns that were illegally bought and posesed by a crimanal that is to say that no matter how manny laws they pass in the whitehouse there will allwase be the dumb shits that get a gun one way or a nother. i dont think that we as the “good ” people of the u.s. should be punneshed for the actions of the drug dealers and crimanals that mess up every thing else.and as far as the hole thing bout the asalt rifles well i have a 22. 250 and i would take that over my m4 556 any day and it can hold and shoot just as much just as fast i have to agree with the fact that there is people that will mess things up but like i said i am not going to be held responceable for there actions and i dont think that any one else should eather.
O.K., if you are going to debate the lethality of firearms based on your classification of “power” then you are missing to point and falling into the trap the media and guns haters have set for you. Any properly or luckily place bullet into the body can kill.
I agree that “regulation / laws” seem to breed black markets sales (i.e. drug trade) and leave law fearing citizens at a disadvantage. I work in law enforcement and I believe that most everyone has the right to own firearms. I’m not opposed to sensible gun regulation, because I don’t see point of civilian ownership of true machine guns (belt feed full autos) and suppressed firearms, or explosives (outside of commercial use). However, I don’t trust my government and absolutely refuse to agree with warrantless searches of any premise in non-criminal investigations. We are on the slippery edge of a dictatorship with the current executive and legislative control of our government. When they start talking about taking away firearms from the citizens and state / local law enforcement WATCH OUT.
This out of control Government is so out of control they will actually breed more crime by taking guns away from law abiding citizens. When criminals know that the citizens do not have guns then we are open game for them. Those of you that are scared of guns or just do not own them better start changing your thinking because those of us who do are in essence protecting you by giving the criminals notice that there are more of us than them and it keeps the thugs at bay a lot of times when you may otherwise be a victum of a crime.
I do believe this is Tyranny and Americans better wake up and pull together on these types of issues or we are in for a lot of pain and sorrow. When they disarm the Citizenry the Government knows they can pass more aggressive laws to limit us and shut us up. Soon you will have no rights at all and you will look back and wonder why you did not stand up when you had a chance.
Our Government should be held responsible for crimes commited against it’s citizens when they are not allowed to have guns to protect themselves from criminals. I think the greatest of all criminals are those in the Federal Government proposing Bills such as these that tread on our Constitutional Freedoms and Liberties. If you will take notice we are no longer being protected by our Constitution because if we were we would not have to fight this type of Legislation.
Same government that corrupted this country 1000 fold right after the Civil War. The same government that protected slave ships flying old glory coming from Africa to New York, Boston, and of course free Philadelphia to sell boat loads of Africans as slaves to the South. The South was right all along. The 13 original colonies is the worlds producer of hate and terror. Get it right once and for all. Cops are only here to protect the rich. In the meantime when they are being a burden on society, they just want an incident so they can be forever a doughnut eating hero.
In 1938, Hitler registered all the guns he could under the premise that it was for crime control. Look how well that turned out for everyone.
This bill is absolutely insane! Whatever world the author of this bill lives in, is not my world. I am a law-abiding, stay-at-home mom, in an average Mid-western town. I don’t wake up each day with the fear that someone will break into my home or attack my family on the street. Guaranteed, that scenario has played itself out, even in my town. Frankly, this bill scares me. I know how to handle and store a gun safely. As my children mature, they too will have this knowledge. Any gun owner with any brains at all handles and stores their guns responsibly. Those who are happen to have aquired their concealed carry licenses already have their ss# and dl# on their applications to their state. Why??? Because they are RESPONSIBLE and follow the specific laws required for that license. Most gun owners have to submit an app for purchasing a firearm as it is…guess what??? Those apps require some of the same information requested by the new bill. If the government wanted to track us down, they could. With this HR45, the government is becoming more BIG BROTHER. Our Congress seems to think that the rest of America does not seem to possess the mental skills necessary to function, and that they are there to “protect” us. Frankly, I believe that Obama believes that he IS better and smarter than most of America. Consequently, he uses that reasoning to treat Americans like children and criminalize responsible, law-abiding citizens in the process. So, to criminals……hooray for you, Obama and his cronies are ready to give you a free pass – you don’t follow the rules anyway, so this legislation doesn’t apply to you… screw the rest of us. Welcome to the brave new world! Remember…if you voted for Obama, America has YOU to thank!
Control the criminals — not the guns of law abiding citizens. If you are not going to control the criminals then don’t create any new gun laws for law abiding citizens. American government supported slavery, lynching, and no rights for non-whites. Let’s don’t give them a another chance to repeat their past actions. Free men have guns slaves do not!
First, understand that the Bill of Rights gives us rights as INDIVIDUALS, not as a collective group, therefore each individual is responsible to obey the law and should be punished as such. Gun crime committed by criminals is used to accomplish arbitrary penalties against the citizens as a collective punishment. Liberals and progressives coddle criminals and have “empathy” looking at society as a whole for their criminality because of social problems or lack of wealth, jobs, parental shortfalls, etc. They have no problem blaming society for a criminal’s behavior, therefore they want to punish society “collectively” for their conduct. GUN CONTROL WORKS–WHEN YOU HIT WHAT YOU AIM AT!
I am an active duty police office. I firmly believe that we do not need gun control. I do believe that what we need is common sense based education on the proper use and storage of weapons and tougher laws against criminals that commit gun crimes. I also believe that all law abiding americans should be properly trained and carrying a firearm. I mean why not the criminals are. There are documeted cases of gang members joining the military and then taking the training they recieve back and sharing it with other gang members. Why should a law abiding citizen not be allowed to protect his or herself and their family.
A politician once said FOR THE FIRST TIME IN HISTORY A CIVILIZED NATION HAS COMPLETE GUN CONTROL. OUR STREETS WILL BE SAFER, OUR POLICE MORE EFFECTIVE AND THE WORLD WILL FOLLOW OUR LEAD. If you will do your history you will find that the politician was adolf hitler in 1934. As many of you know australia has emplemented total gun bans. Now the australian goverment is trying to figure out why the murder rate has climbed and gun crime has doubled.
History has proven time and time again that gun control only works in the criminals favor.
As a police officer i will tell you that i can not protect each and everyone of you. I do my best but there are not enough of us and to many of the bad guys not to mention corruption in the ranks. I say this not to shake your confidence in american law enforcement but to make you understand that you are your own best defence. Most of my job is picking up the pieces. I will leave you with this question. Why is it that most politicians think it is somehow more acceptable to have a woman raped and strangled with her own underwear than it is for her to have to explain to the police how her attacker got that nice little hole between his eyes.
If EVERYONE had a gun, you wouldn’t have to worry about the idiots with one The idiots might not feel as “powerful”. Youd be able to defend yourself, and they’d know it.
Can anyone explain to me why on earth in a time of war, (and we are still at war) anyone would want to take away the rights of the populace to defend themselves.
To me the answer is a simple one. The ones trying to abrogate our 2nd amendment rights are on the side of our enemies.
Jack Mann
As a lifelong and current law enforcement officer, I never thought I would see the day when citizens of this country would have reason to fear their own government. That time, sad to say has arrived.
I am an avid pro-gun citizen and will be damned if I stand by and allow a president, who can’t even prove he is a US citizen, turn this country into a Socialist state, comparable to what England and Austrailia have perpetrated on their citizens.
It is evident in those sad countries that their governments fear the people, so they took away any chance for citizens to own weapons, for just about any purpose.
The same is on the way here folks, sad to say, as Feinstein and her cronies sailvate at the opportunity at hand.
Laws are only effective if they can be enforced and they ARE enforced. My sentiment is that a large part of the law enforcement community will be loathe to take guns from any law abding citizen, me included.
The only way Mr. O and his henchmen can succeed in robbing us of our rights is if we allow them to. The tail is not supposed to wag the dog folks. This is still a democracy and several hundred million citizens should not act like sheep and allow several HUNDRED to dictate what is right for us.
Stand up, join the NRA and let your legilators know that gun control is a no-no and bad for their career. Together we can do this, but apathy will destroy us. Take care
I got a call from the NRA describing this bill. They stated that among other things, if you don’t report any change of address you make to the controlling agency of this bill, that you’re subject to a 5 year prison term. I see no mention of this in the stuff i just read. Can anybody give me some clarification on this?
thanks
how about this for an example . An uncle of mine was recently shot and killed on his way one morning perhaps if he had had a weapon with him, he might be alive for his grandchildren to enjoy their grandpa’s love. We will never know the answer to this question because he did not survive the shooting . Some one shot him and left him for dead and that person is still free to do as they please . where and what is the meaning of freedom justice and the american way . can anyone answer these questions . what has happened to our society when we worry more about taking away from the honest american citizen than bringing back the death penalty. it seems my uncle was put to death why should the killer not suffer the same . but thats a whole nother ordeal. we all should be allowed to own weapons of our choice and we are already made to jump enough hurdles . GO OUT AND GET THE BAD GUYS , LEAVE THE REST OF US ALONE. if you ask me our government is becoming the playground bully!!