Wednesday, February 27, 2019

House Passes Gun Control Bill Sent to Senate


The House Passed the most significant piece of Gun Control Legislation in more than Two Decades, Bipartisan Background Checks Act of 2019 (H.R.8).

By a vote of 240-190, the House Approved H.R.8 that would require Background Checks on All Gun Sales in the U.S. Currently, Only Licensed Firearm Dealers have to Perform Background Checks, and Unlicensed Dealers. such as those at Gun Shows, can Sell a Gun without going through the National Instant Criminal Background Check System (NICS).

Eight Republicans joined All but Two Democrats in support of the Bill, and the Measure will now go to the Senate, where it faces an uncertain future. Senate Majority Leader Mitch McConnell (R-Ky.) has Not Committed to bringing the Bill up for a vote, and it likely doesn’t have the 60 Senators it needs to make it to a Final Vote.

The last Gun Control Measure to Pass the House was in 1994, the Violent Crime Control and Law Enforcement Act that Banned a Number of Semi-Automatic Weapons. And though Democrats have repeatedly tried to Pass other Gun Control Measures when Republicans controlled the House, Democrats actually First introduced the Legislation as a response to an Attack on Former Rep. Gabby Giffords (D-AZ), they were Unable to get Up-or-Down votes on a Bill in recent years.

But Support in Congress has been mounting for Stricter Gun Laws. While the New Democratic Majority in the House made Passage of the Background Checks Bill possible, the Eight Republicans who supported the Bill Wednesday show how the Gun Issue isn’t Falling as neatly along Partisan lines.

Rep. Peter King (R-NY, 2nd District) actually Co-Sponsored the Background Checks Bill with Mike Thompson (D-CA, 1st District), and Public Support for Universal Background Checks has been growing with each Mass Shooting. A Quinnipiac Poll conducted at the end of 2017 showed that 97% of Respondents supported Background Checks for All Gun Buyers.

But Republicans still found ways to Oppose the Bill, saying the Legislation wouldn’t do much to Address Gun Violence and was a Broadside against Second Amendment Rights.

The Bill:

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.

UPDATE

The Extender Bill will increase from three to 10 days for the Background Check.










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