Chucky Shumer’s Mandatory Background Check Bill (S. 374)

Posted: March 13, 2013 by ShortTimer in Democrats, Government, Guns, Progressives and Left, Second Amendment, Senate, Tyranny

From TheTruthAboutGuns:

The main provision of the bill is that any transfer of a firearm, no matter how fleeting, needs to go through an FFL and the transferee needs to have a background check performed through the NICS system. There are some exceptions, but they aren’t very good ones. Page 11 starts off the meat and potatoes for those following along at home.

In order to qualify for an exception to the rule of all transfers going through an FFL, the following requirements must be met:

  1. The temporary transfer takes place at the owner’s house
  2. The gun can’t be moved from the property
  3. The transfer must last less than 7 days

There’s also a poorly worded exception for hunting and “sporting purposes,” as well as gifts to family members. What that means is if you go on a trip for more than 7 days and leave your guns at home unattended with a roommate, its now a felony under this law. And if I’m reading this right, this applies if you leave your guns with your spouse, but don’t transfer them as a gift.

There’s also no exception for lending guns to friends for the afternoon on the range. I regularly loan out my older competition guns to friends who want to compete in local matches, as the guns can be expensive and its easier to figure out if competition shooting is right for you if you can give it a try. Under this new bill, that would be illegal.

It also appears that it would be illegal to hand a firearm to someone other than the owner, effectively killing range trips with friends.

The whole bill’s text is here.

Nick Leghorn’s summary at TheTruthAboutGuns covers much of it.

Sebastian at PA Gun Blog has a few more interesting notes he pulled from it:

  • If you left town for more than 7 days, and left your gay partner, or unrelated roommate at home with the guns, you’d be committing a felony. This should be called the “denying gun rights to gays act.” Remember that the federal government does not recognize gay marriage, even if you’re state does, thanks to DOMA. 5 years in prison.
  • Actually, even married couples are questionably legal, because the exemption between family only applies to gifts, not to temporary transfers. The 7 day implication is if you leave your spouse at home for more than 7 days, it’s an unlawful transfer, and you’re a 5 year felon. I suppose you could gift them to your spouse, or related co-habitant, and then have them gift them back when you arrive back home. Maybe the Attorney General will decide to create a form for that.
  • It would be illegal to lend a gun to a friend to take shooting. That would be a transfer. 5 years in federal prison.
  • Steals the livelihood of gun dealers by setting a fixed fee to conduct transfers. The fee is fixed by the Attorney General. What’s to prevent him from setting it at $1000?
  • Enacts defacto universal gun registration, because of record keeping requirements.
  • All lost and stolen guns must be reported to the federal and local government. This means everyone will have to fill out the theft/loss form, and not just FFLs. You only have 24 hours to comply. If you lose a gun on a hunting trip deep in the woods, and can’t get back home to fill out the form in 24 hours, you’re a felon and will spend 5 years in federal prison.
  • UPDATE: Teaching someone to shoot on your own land is a felony, 5 years, if you hand them the gun. Not an exempted transfer.

With that lost/stolen thing, if you don’t report within 24 hours, you’re a felon.  So if you’ve “lost” a gun somewhere around the house, and it’s simply misplaced (think putting your Ruger LCP in the wrong pants or jacket), you may also be a felon.

Also, there is registration, as Sebastian notes:

(4)(A) Notwithstanding any other provision of this
chapter, the Attorney General may implement this sub
section with regulations.

(B) Regulations promulgated under this paragraph—

‘‘(i) shall include a provision setting a max-
imum fee that may be charged by licensees for serv-
ices provided in accordance with paragraph (1); and

‘‘(ii) shall include a provision requiring a record
of transaction of any transfer that occurred between
an unlicensed transferor and unlicensed transferee
accordance with paragraph (1).’’

They hate your rights, and they’re coming for them.

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