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111th CONGRESS
1st Session
H. R. 45
To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. RUSH introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as ‘Blair Holt’s Firearm Licensing and Record of Sale Act of 2009’.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--LICENSING
Sec. 101. Licensing requirement.
Sec. 102. Application requirements.
Sec. 103. Issuance of license.
Sec. 104. Renewal of license.
Sec. 105. Revocation of license.
TITLE II--RECORD OF SALE OR TRANSFER
TITLE III--ADDITIONAL PROHIBITIONS
Sec. 301. Universal background check requirement.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
TITLE IV--ENFORCEMENT
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
TITLE VI--EFFECT ON STATE LAW
TITLE VII--RELATIONSHIP TO OTHER LAW
TITLE VIII--INAPPLICABILITY
TITLE IX--EFFECTIVE DATE
SEC. 2. FINDINGS AND PURPOSES.
(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.
SEC. 3. DEFINITIONS.
(a) In General- In this Act:
(1) FIREARM; LICENSED DEALER; LICENSED MANUFACTURER; STATE- The terms ‘firearm’, ‘licensed dealer’, ‘licensed manufacturer’, and ‘State’ have the meanings given those terms in section 921(a) of title 18, United States Code.
(2) QUALIFYING FIREARM- The term ‘qualifying firearm’ has the meaning given the term in section 921(a) of title 18, United States Code, as amended by subsection (b) of this section.
(b) Amendment to Title 18, United States Code- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
‘(36) The term ‘qualifying firearm’--
‘(A) means--
‘(B) does not include any antique.’.
TITLE I--LICENSING
SEC. 101. LICENSING REQUIREMENT.
Section 922 of title 18, United States Code, is amended by adding at the end the following:
‘(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) under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, which license has not been invalidated or revoked under that title; or
‘(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, which license has not been invalidated or revoked under State law.
‘(2) APPLICABLE DATE- In this subsection, the term ‘applicable date’ means--
‘(A) with respect to a qualifying firearm that is acquired by the person before the date of the enactment of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, 2 years after such date of enactment; and
‘(B) with respect to a qualifying firearm that is acquired by the person on or after the date of the enactment of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, 1 year after such date of enactment.’.
SEC. 102. APPLICATION REQUIREMENTS.
(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.
(b) Regulations Governing Submission- The Attorney General shall promulgate regulations specifying procedures for the submission of applications to the Attorney General under this section, which regulations shall--
(1) provide for submission of the application through a licensed dealer or an office or agency of the Federal Government designated by the Attorney General;
(2) require the applicant to provide a valid identification document (as defined in section 1028(d)(2) of title 18, United States Code) of the applicant, containing a photograph of the applicant, to the licensed dealer or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that dealer, office, or agency; and
(3) require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the licensed dealer or office or agency of the Federal Government, as applicable.
(c) Fees-
(1) IN GENERAL- The Attorney General shall charge and collect from each applicant for a license under this title a fee in an amount determined in accordance with paragraph (2).
(2) FEE AMOUNT- The amount of the fee collected under this subsection shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subsection during a fiscal year is sufficient to cover the costs of carrying out this title during that fiscal year, except that such amount shall not exceed $25.
SEC. 103. ISSUANCE OF LICENSE.
(a) In General- The Attorney General shall issue a firearm license to an applicant who has submitted an application that meets the requirements of section 102 of this Act, if the Attorney General ascertains that the individual is not prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.
(b) Effect of Issuance to Prohibited Person- A firearm license issued under this section shall be null and void if issued to a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.
(c) Form of License- A firearm license issued under this section shall be in the form of a tamper-resistant card, and shall include--
(1) the photograph of the licensed individual submitted with the application;
(2) the address of the licensed individual;
(3) the date of birth of the licensed individual;
(4) a license number, unique to each licensed individual;
(5) the expiration date of the license, which shall be the date that is 5 years after the initial anniversary of the date of birth of the licensed individual following the date on which the license is issued (or in the case of a license renewal, following the date on which the license is renewed under section 104);
(6) the signature of the licensed individual provided on the application, or a facsimile of the application; and
(7) centered at the top of the license, capitalized, and in boldface type, the following:
‘FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE’.
SEC. 104. RENEWAL OF LICENSE.
(a) Application for Renewal-
(1) IN GENERAL- In order to renew a firearm license issued under this title, not later than 30 days before the expiration date of the license, the licensed individual shall submit to the Attorney General (in accordance with the regulations promulgated under paragraph (3)), in a form approved by the Attorney General, an application for renewal of the license.
(2) CONTENTS- An application submitted under paragraph (1) shall include--
(A) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
(B) current proof of identity of the licensed individual; and
(C) the address of the licensed individual.
(3) REGULATIONS GOVERNING SUBMISSION- The Attorney General shall promulgate regulations specifying procedures for the submission of applications under this subsection.
(b) Issuance of Renewed License- Upon approval of an application submitted under subsection (a) of this section, the Attorney General shall issue a renewed license, which shall meet the requirements of section 103(c), except that the license shall include the current photograph and address of the licensed individual, as provided in the application submitted under this section, and the expiration date of the renewed license, as provided in section 103(c)(5).
SEC. 105. REVOCATION OF LICENSE.
(a) In General- If an individual to whom a license has been issued under this title subsequently becomes a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm--
(1) the license is revoked; and
(2) the individual shall promptly return the license to the Attorney General.
(b) Administrative Action- Upon receipt by the Attorney General of notice that an individual to whom a license has been issued under this title has become a person described in subsection (a), the Attorney General shall ensure that the individual promptly returns the license to the Attorney General.
TITLE II--RECORD OF SALE OR TRANSFER
SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.
Section 922 of title 18, United States Code, as amended by section 101 of this Act, is amended by adding at the end the following:
‘(bb) Unauthorized Sale or Transfer of a Qualifying Firearm- It shall be unlawful for any person to sell, deliver, or otherwise transfer a qualifying firearm to, or for, any person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, or to receive a qualifying firearm from a person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless, at the time and place of the transfer or receipt--
‘(1) the transferee presents to a licensed dealer a valid firearm license issued to the transferee--
‘(A) under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009; or
‘(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 established by the State in which the transfer or receipt occurs;
‘(2) the licensed dealer contacts the Attorney General or the head of the State agency that administers the certified system described in paragraph (1)(B), as applicable, and receives notice that the transferee has been issued a firearm license described in paragraph (1) and that the license remains valid; and
‘(3) the licensed dealer records on a document (which, in the case of a sale, shall be the sales receipt) a tracking authorization number provided by the Attorney General or the head of the State agency, as applicable, as evidence that the licensed dealer has verified the validity of the license.’.
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.
TITLE III--ADDITIONAL PROHIBITIONS
SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.
Section 922 of title 18, United States Code, as amended by sections 101 and 201 of this Act, is amended by adding at the end the following:
‘(cc) Universal Background Check Requirement-
‘(1) REQUIREMENT- Except as provided in paragraph (2), it shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell, deliver, or otherwise transfer a firearm to any person other than such a licensee, unless the transfer is processed through a licensed dealer in accordance with subsection (t).
‘(2) EXCEPTION- Paragraph (1) shall not apply to the infrequent transfer of a firearm by gift, bequest, intestate succession or other means by an individual to a parent, child, grandparent, or grandchild of the individual, or to any loan of a firearm for any lawful purpose for not more than 30 days between persons who are personally known to each other.’.
SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.
Section 922 of title 18, United States Code, as amended by sections 101, 201, and 301 of this Act, is amended by adding at the end the following:
‘(dd) Failure To Maintain or Permit Inspection of Records- It shall be unlawful for a licensed manufacturer or a licensed dealer to fail to comply with section 202 of Blair Holt’s Handgun Licensing and Record of Sale Act of 2009, or to maintain such records or supply such information as the Attorney General may require in order to ascertain compliance with such Act and the regulations and orders issued under such Act.’.
SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, and 302 of this Act, is amended by adding at the end the following:
‘(ee) Failure To Report Loss or Theft of Firearm- It shall be unlawful for any person who owns a qualifying firearm to fail to report the loss or theft of the firearm to the Attorney General within 72 hours after the loss or theft is discovered.’.
SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, and 303 of this Act, is amended by adding at the end the following:
‘(ff) Failure To Provide Notice of Change of Address- It shall be unlawful for any individual to whom a firearm license has been issued under title I of Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 to fail to report to the Attorney General a change in the address of that individual within 60 days of that change of address.’.
SEC. 305. CHILD ACCESS PREVENTION.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at the end the following:
‘(gg) Child Access Prevention-
‘(1) DEFINITION OF CHILD- In this subsection, the term ‘child’ means an individual who has not attained the age of 18 years.
‘(2) PROHIBITION AND PENALTIES- Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any 1 of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if--
‘(A) that person--
‘(i) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and
‘(ii) either--
‘(I) knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365 of this title) to, the child or any other person; or
‘(II) knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and
‘(B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other person.
‘(3) EXCEPTIONS- Paragraph (2) shall not apply if--
‘(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;
‘(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;
‘(C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or
‘(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.’.
TITLE IV--ENFORCEMENT
SEC. 401. CRIMINAL PENALTIES.
(a) Failure To Possess Firearm License; Failure To Comply With Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain or Permit Inspection of Records- Section 924(a) of title 18, United States Code, is amended by adding at the end the following:
‘(8) Whoever knowingly violates subsection (aa), (bb), or (dd) of section 922 shall be fined under this title, imprisoned not more than 2 years, or both.’.
(b) Failure To Comply With Universal Background Checks; Failure To Timely Report Loss or Theft of a Qualifying Firearm; Failure To Provide Notice of Change of Address- Section 924(a)(5) of such title is amended by striking ‘(s) or (t)’ and inserting ‘(t), (cc), (ee), or (ff)’.
(c) Child Access Prevention- Section 924(a) of such title, as amended by subsection (a) of this section, is amended by adding at the end the following:
‘(9) Whoever violates section 105(a)(2) of Blair Holt’s Handgun Licensing and Record of Sale Act of 2009, knowingly or having reason to believe that the person is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm, shall be fined under this title, imprisoned not more than 10 years, or both.
‘(10) Whoever violates section 922(gg) shall be fined under this title, imprisoned not more than 5 years, or both.’.
SEC. 402. REGULATIONS.
(a) In General- The Attorney General shall issue regulations governing the licensing of possessors of qualifying firearms and the recorded sale of qualifying firearms, consistent with this Act and the amendments made by this Act, as the Attorney General determines to be reasonably necessary to reduce or prevent deaths or injuries resulting from qualifying firearms, and to assist law enforcement in the apprehension of owners or users of qualifying firearms used in criminal activity.
(b) Maximum Interval Between Issuance of Proposed and Final Regulation- Not later than 120 days after the date on which the Attorney General issues a proposed regulation under subsection (a) with respect to a matter, the Attorney General shall issue a final regulation with respect to the matter.
SEC. 403. INSPECTIONS.
In order to ascertain compliance with this Act, the amendments made by this Act, and the regulations and orders issued under this Act, the Attorney General may, during regular business hours, enter any place in which firearms or firearm products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are so manufactured, stored, or held.
SEC. 404. ORDERS.
The Attorney General may issue an order prohibiting the sale or transfer of any firearm that the Attorney General finds has been transferred or distributed in violation of this Act, an amendment made by this Act, or a regulation issued under this Act.
SEC. 405. INJUNCTIVE ENFORCEMENT.
The Attorney General may bring an action to restrain any violation of this Act or an amendment made by this Act in the district court of the United States for any district in which the violation has occurred, or in which the defendant is found or transacts business.
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
SEC. 501. DUTIES OF THE ATTORNEY GENERAL.
(a) In General- The Attorney General shall--
(1) establish and maintain a firearm injury information clearinghouse to collect, investigate, analyze, and disseminate data and information relating to the causes and prevention of death and injury associated with firearms;
(2) conduct continuing studies and investigations of firearm-related deaths and injuries; and
(3) collect and maintain current production and sales figures for each licensed manufacturer.
(b) Availability of Information- Periodically, but not less frequently than annually, the Attorney General shall report to the Congress and make available to the public a report on the activities of the Attorney General under subsection (a).
TITLE VI--EFFECT ON STATE LAW
SEC. 601. EFFECT ON STATE LAW.
(a) In General- This Act and the amendments made by this Act may not be construed to preempt any provision of the law of any State or political subdivision of that State, or prevent a State or political subdivision of that State from enacting any provision of law regulating or prohibiting conduct with respect to firearms, except to the extent that the provision of law is inconsistent with any provision of this Act or an amendment made by this Act, and then only to the extent of the inconsistency.
(b) Rule of Interpretation- A provision of State law is not inconsistent with this Act or an amendment made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than a corresponding prohibition or penalty imposed by this Act or an amendment made by this Act.
SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE FIREARM RECORD OF SALE SYSTEMS.
Upon a written request of the chief executive officer of a State, the Attorney General may certify--
(1) a firearm licensing system established by a State, if State law requires the system to satisfy the requirements applicable to the Federal firearm licensing system established under title I; or
(2) a firearm record of sale system established by a State, if State law requires the head of the State agency that administers the system to submit to the Federal firearm record of sale system established under section 202(b) a copy of each report submitted to the head of the agency under section 202(a), within 7 days after receipt of the report.
TITLE VII--RELATIONSHIP TO OTHER LAW
SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.
In the event of any conflict between any provision of this Act or an amendment made by this Act, and any provision of the Arms Export Control Act (22 U.S.C. 2751), the provision of the Arms Export Control Act shall control.
TITLE VIII--INAPPLICABILITY
SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.
This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.
TITLE IX--EFFECTIVE DATE
SEC. 901. EFFECTIVE DATE OF AMENDMENTS.
The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.
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111th CONGRESS
1st Session
H. R. 17
To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. BARTLETT introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Police cannot protect, and are not legally liable for failing to protect, individual citizens, as evidenced by the following:
(A) The courts have consistently ruled that the police do not have an obligation to protect individuals, only the public in general. For example, in Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: ‘[C]ourts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community.’.
(B) Former Florida Attorney General Jim Smith told Florida legislators that police responded to only 200,000 of 700,000 calls for help to Dade County authorities.
(C) The United States Department of Justice found that, in 1989, there were 168,881 crimes of violence for which police had not responded within 1 hour.
(2) Citizens frequently must use firearms to defend themselves, as evidenced by the following:
(A) Every year, more than 2,400,000 people in the United States use a gun to defend themselves against criminals--or more than 6,500 people a day. This means that, each year, firearms are used 60 times more often to protect the lives of honest citizens than to take lives.
(B) Of the 2,400,000 self-defense cases, more than 192,000 are by women defending themselves against sexual abuse.
(C) Of the 2,400,000 times citizens use their guns to defend themselves every year, 92 percent merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8 percent of the time, does a citizen kill or wound his or her attacker.
(3) Law-abiding citizens, seeking only to provide for their families’ defense, are routinely prosecuted for brandishing or using a firearm in self-defense. For example:
(A) In 1986, Don Bennett of Oak Park, Illinois, was shot at by 2 men who had just stolen $1,200 in cash and jewelry from his suburban Chicago service station. The police arrested Bennett for violating Oak Park’s handgun ban. The police never caught the actual criminals.
(B) Ronald Biggs, a resident of Goldsboro, North Carolina, was arrested for shooting an intruder in 1990. Four men broke into Biggs’ residence one night, ransacked the home and then assaulted him with a baseball bat. When Biggs attempted to escape through the back door, the group chased him and Biggs turned and shot one of the assailants in the stomach. Biggs was arrested and charged with assault with a deadly weapon--a felony. His assailants were charged with misdemeanors.
(C) Don Campbell of Port Huron, Michigan, was arrested, jailed, and criminally charged after he shot a criminal assailant in 1991. The thief had broken into Campbell’s store and attacked him. The prosecutor plea-bargained with the assailant and planned to use him to testify against Campbell for felonious use of a firearm. Only after intense community pressure did the prosecutor finally drop the charges.
(4) The courts have granted immunity from prosecution to police officers who use firearms in the line of duty. Similarly, law-abiding citizens who use firearms to protect themselves, their families, and their homes against violent felons should not be subject to lawsuits by the violent felons who sought to victimize them.
SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT.
(a) Reaffirmation of Right- A person not prohibited from receiving a firearm by Section 922(g) of title 18, United States Code, shall have the right to obtain firearms for security, and to use firearms--
(1) in defense of self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury;
(2) in defense of self or family in the course of the commission by another person of a violent felony against the person or a member of the person’s family; and
(3) in defense of the person’s home in the course of the commission of a felony by another person.
(b) Firearm Defined- As used in subsection (a), the term ‘firearm’ means--
(1) a shotgun (as defined in section 921(a)(5) of title 18, United States Code);
(2) a rifle (as defined in section 921(a)(7) of title 18, United States Code); or
(3) a handgun (as defined in section 10 of
Public Law 99-408).
(c) Enforcement of Right-
(1) IN GENERAL- A person whose right under subsection (a) is violated in any manner may bring an action in any United States district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate.
(2) AUTHORITY TO AWARD A REASONABLE ATTORNEY’S FEE- In an action brought under paragraph (1), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney’s fee as part of the costs.
(3) STATUTE OF LIMITATIONS- An action may not be brought under paragraph (1) after the 5-year period that begins with the date the violation described in paragraph (1) is discovered.
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111th CONGRESS
1st Session
H. R. 197
To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. STEARNS (for himself and Mr. BOUCHER) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS BY NONRESIDENTS.
(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:
‘Sec. 926D. National standard for the carrying of certain concealed firearms by nonresidents
‘(a) Notwithstanding any provision of the law of any State or political subdivision thereof, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and is carrying a valid license or permit which is issued by a State and which permits the person to carry a concealed firearm (other than a machinegun or destructive device) may carry in another State a concealed firearm (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).
‘(b)(1) If such other State issues licenses or permits to carry concealed firearms, the person may carry a concealed firearm in the State under the same restrictions which apply to the carrying of a concealed firearm by a person to whom the State has issued such a license or permit.
‘(2) If such other State does not issue licenses or permits to carry concealed firearms, the person may not, in the State, carry a concealed firearm in a police station, in a public detention facility, in a courthouse, in a public polling place, at a meeting of a State, county, or municipal governing body, in a school, at a professional or school athletic event not related to firearms, in a portion of an establishment licensed by the State to dispense alcoholic beverages for consumption on the premises, or inside the sterile or passenger area of an airport, except to the extent expressly permitted by State law.’.
(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926C the following:
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111th CONGRESS
1st Session
H. R. 442
To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 9, 2009
Mr. REHBERG introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Registration- Subject to such regulations as the Attorney General may prescribe, the applicable veteran or a member of the family of such a veteran, who owns and possesses a qualifying firearm, may register the firearm in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986) during the amnesty period.
(b) Qualifying Firearm-
(1) IN GENERAL- For purposes of this section, the term ‘qualifying firearm’ means any firearm which was acquired--
(A) before October 31, 1968; and
(B) by a veteran, while the veteran was a member of the Armed Forces and was stationed outside the continental United States.
(2) PRESUMPTION OF VALIDITY- In the absence of clear and convincing evidence to the contrary, the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that a firearm meets the requirements of paragraph (1).
(c) Hearings- If the Attorney General determines that an individual may not register a firearm under subsection (a) during the amnesty period, the Attorney General, on the request of such individual, shall--
(1) provide the individual any evidence on which the Attorney General’s decision is based; and
(2) promptly hold a hearing to review the determination.
(d) Limited Immunity-
(1) CRIMINAL LIABILITY UNDER TITLE 18- An individual who registers a firearm under subsection (a) of this section--
(A) shall be treated, for purposes of subsections (a)(3) and (o) of section 922 of title 18, United States Code, as having lawfully acquired and possessed the firearm before the date of the enactment of chapter 44 of such title and of each provision of that chapter; and
(B) shall not be liable for any violation of that chapter which--
(i) is based solely on the ownership, possession, transportation, importation, or alteration of the firearm by the individual; and
(ii) occurred before or concurrent with the registration.
(2) CRIMINAL LIABILITY UNDER INTERNAL REVENUE CODE- Except as provided in paragraph (3), an individual who registers a firearm under subsection (a) shall not be liable for a violation of chapter 53 or 75 of the Internal Revenue Code of 1986 with respect to the firearm which occurred before or concurrent with the registration.
(3) TRANSFER TAX LIABILITY- Paragraph (2) shall not affect the liability of any individual for any transfer tax imposed under section 5811 of the Internal Revenue Code of 1986.
(4) ATTEMPTS TO REGISTER- In the case of an applicable veteran or a member of such a veteran’s family who attempts to register a qualifying firearm in the National Firearms Registration and Transfer Record at a time other than during the amnesty period, paragraphs (1), (2), and (3) shall apply with respect to the individual if the individual surrenders the firearm to a law enforcement agency not later than 30 days after notification by the Attorney General of potential criminal liability for continued possession of the firearm.
(e) Forfeiture- A firearm registered under subsection (a) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code of 1986 or chapter 44 of title 18, United States Code, for a violation of any such chapter with respect to the firearm which occurred before or concurrent with the registration.
(f) Notice; Forms; Mailbox Rule-
(1) NOTICE OF AMNESTY PERIOD- The Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a firearm during the period. To the extent feasible, the Attorney General shall ensure that the notices are posted in post offices, law enforcement buildings, buildings of the Department of Veterans Affairs, and businesses of licensed firearms dealers.
(2) FORMS- The Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney General shall make such forms available in the locations referred to in paragraph (1) and through the website for the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
(3) MAILBOX RULE- For purposes of this section, the Attorney General shall treat any form that is postmarked during the amnesty period as received during the amnesty period.
(g) Definitions- In this section:
(1) AMNESTY PERIOD- The term ‘amnesty period’ means the 90-day period beginning on the date that is 90 days after the date of the enactment of this Act.
(2) FIREARM- The term ‘firearm’ has the meaning given the term in section 5845 of the Internal Revenue Code of 1986, except that the term does not include--
(A) any device described in subsection (f)(1) of such section; or
(B) any combination of parts--
(i) designed or intended for use in converting any device into a device described in subparagraph (A); or
(ii) from which a device described in subparagraph (A) may be readily assembled.
(3) APPLICABLE VETERAN- The term ‘applicable veteran’ means, with respect to a firearm, the veteran referred to in subsection (b)(1) with respect to the firearm.
(4) VETERAN- The term ‘veteran’ has the meaning given such term in section 101(2) of title 38, United States Code.
(5) FAMILY-
(A) IN GENERAL- The term ‘family’ means, with respect to a veteran, any grandparent of the veteran or of any spouse of the veteran, any lineal descendant of any such grandparent, and any spouse of any such lineal descendant.
(B) SPECIAL RULES- For purposes of subparagraph (A):
(i) A spouse of an individual who is legally separated from the individual under a decree of divorce or separate maintenance shall be treated as the spouse of the individual.
(ii) Individuals related by the half blood or by legal adoption shall be treated as if they are related by the whole blood.
(6) CONTINENTAL UNITED STATES- The term ‘continental United States’ means the several States and the District of Columbia, but does not include Alaska or Hawaii.
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.
(a) Transfer of Forfeited Firearms to Museums-
(1) IN GENERAL- The Attorney General shall transfer each firearm which has been forfeited to the United States to the first qualified museum that submits a request for the firearm in such form and manner as the Attorney General may specify.
(2) DESTRUCTION OF FORFEITED FIREARMS PROHIBITED- The Attorney General shall not destroy any firearm which has been forfeited to the United States until the end of the 5-year period beginning on the date of the forfeiture.
(3) CATALOGUE OF FIREARMS- With respect to each firearm that is available to be transferred to a museum under paragraph (1), the Attorney General shall, not later than 60 days after the forfeiture of the firearm, publish information which identifies the firearm (including a picture) on the web page of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The information shall be available to the public without cost and without restriction.
(4) REGISTRATION OF FIREARMS- Any firearm transferred under paragraph (1) to a qualified museum shall be registered to the transferee in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986).
(5) FIREARM- In this subsection, the term ‘firearm’ means any firearm (as defined in section 2(g)(2) of this Act) which is treated as a curio or relic under chapter 44 of title 18, United States Code.
(6) QUALIFIED MUSEUM- In this subsection, the term ‘qualified museum’ means--
(A) any museum owned or operated by a unit of Federal, State, or local government; and
(B) any museum which--
(i) is open to the public;
(ii) is incorporated as a not-for-profit corporation under applicable State law;
(iii) may possess a firearm in the collection of the museum under the laws of the State in which the collection is displayed;
(iv) holds a license under chapter 44 of title 18, United States Code, as a collector of curios or relics; and
(v) certifies to the Attorney General that--
(I) the museum is not engaged in the trade or business of buying or selling firearms;
(II) with respect to the transfer of any firearm under paragraph (1), the museum is not requesting the transfer of the firearm for purpose of sale; and
(III) the museum shall, not later than 90 days after the museum ceases operations, file an application pursuant to chapter 53 of the Internal Revenue Code of 1986 to transfer any machinegun transferred to the museum under paragraph (1) to an entity or person who may lawfully possess the machinegun under section 922(o) of title 18, United States Code, or abandon the machinegun to Federal, State, or local law enforcement authorities.
(b) Transfer of Machineguns to Museums- Section 922(o)(2) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ‘or’ at the end;
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following:
‘(B) a transfer to or by, or possession by, a museum that is open to the public and incorporated as a not-for-profit corporation under applicable State law; or’.
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Montana Expands Self-Defense Rights for Law-Abiding Citizens! National Rifle
Association-backed legislation has been signed into law that enhances the right of self-defense for law-abiding Montanans. House Bill 228 was passed out of the House with a vote of 85-14 and the Senate 40-10. "The overriding principle embodied in House Bill 228 is that self-defense is a fundamental right and this new law will reinforce that right," said Chris W. Cox, NRA’s chief lobbyist. “Law-abiding citizens should be afforded every opportunity to defend themselves and their loved ones and they should not be treated like criminals if they choose to exercise this important right." House Bill 228 is a broad piece of legislation that provides a number of specific protections for law-abiding citizens. This new law clarifies the ability of law-abiding citizens to carry a firearm in plain view and to present the firearm for defensive purposes when threatened. Additionally, the law puts clearly into statute existing Montana case law providing that, when threatened, a law-abiding citizen has no duty to retreat if the person is in any place he or she has a legal right to be. Other provisions include expanding existing law to allow the use of force in defense of an occupied structure and preventing landlords and hotel operators from restricting self-defense rights. “A second fundamental principal reflected in the language of House Bill 228 is the concept that a person is innocent until proven guilty,” added Cox. HB 228 is a victims rights measure that further places the burden of the judicial system on the criminal. Any individual who acts in self-defense, and is able to prove that he or she acted in self-defense, will now be able to shift the burden of proving the absence of justification to the prosecution. “This bill received overwhelming bipartisan support and NRA would like to thank Governor Schweitzer for signing the bill. Also to be commended are the efforts of lead sponsors, State Representative Krayton Kerns (R-58) and State Representative Deborah Kottel (D-20), for their continued support of the Second Amendment. The Montana Shooting Sports Association and Gary Marbut also played an instrumental role in this effort,” concluded Cox. Thank you to all of the NRA members who took action in support of HB228. Without you, this victory would not have been possible.
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Text of H.R.45 as Introduced in House
Blair Holt's Firearm Licensing and Record of Sale Act of 2009
To provide for the implementation of a system of licensing for purchasers of
certain firearms and for a record of sale system for those firearms, and for
other purposes.
current 111st session of congress
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HR 45 IHCommentsClose CommentsPermalink
9
111th CONGRESSCommentsClose CommentsPermalink
2
1st SessionCommentsClose CommentsPermalink
5
H. R. 45CommentsClose CommentsPermalink
10
To provide for the implementation of a system of licensing for purchasers of
certain firearms and for a record of sale system for those firearms, and for
other purposes.CommentsClose CommentsPermalink
4
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
1
January 6, 2009CommentsClose CommentsPermalink
6
Mr. RUSH introduced the following bill; which was referred to the Committee on
the JudiciaryCommentsClose CommentsPermalink
1
A BILLCommentsClose CommentsPermalink
To provide for the implementation of a system of licensing for purchasers of
certain firearms and for a record of sale system for those firearms, and for
other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as `Blair Holt's Firearm Licensing
and Record of Sale Act of 2009'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as
follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose
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Sec. 2. Findings and purposes.CommentsClose CommentsPermalink
Sec. 3. Definitions.CommentsClose CommentsPermalink
TITLE I--LICENSING
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Sec. 101. Licensing requirement.CommentsClose CommentsPermalink
Sec. 102. Application requirements.CommentsClose CommentsPermalink
Sec. 103. Issuance of license.CommentsClose CommentsPermalink
Sec. 104. Renewal of license.CommentsClose CommentsPermalink
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Sec. 105. Revocation of license.CommentsClose CommentsPermalink
TITLE II--RECORD OF SALE OR TRANSFER
Sec. 201. Sale or transfer requirements for qualifying
firearms.CommentsClose CommentsPermalink
Sec. 202. Firearm records.CommentsClose CommentsPermalink
TITLE III--ADDITIONAL PROHIBITIONS
Sec. 301. Universal background check requirement.CommentsClose
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Sec. 302. Failure to maintain or permit inspection of
records.CommentsClose CommentsPermalink
Sec. 303. Failure to report loss or theft of firearm.CommentsClose
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Sec. 304. Failure to provide notice of change of
address.CommentsClose CommentsPermalink
Sec. 305. Child access prevention.CommentsClose CommentsPermalink
TITLE IV--ENFORCEMENT
Sec. 401. Criminal penalties.CommentsClose CommentsPermalink
Sec. 402. Regulations.CommentsClose CommentsPermalink
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Sec. 403. Inspections.CommentsClose CommentsPermalink
Sec. 404. Orders.CommentsClose CommentsPermalink
Sec. 405. Injunctive enforcement.CommentsClose CommentsPermalink
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
Sec. 501. Duties of the Attorney General.CommentsClose
CommentsPermalink
TITLE VI--EFFECT ON STATE LAW
Sec. 601. Effect on State law.CommentsClose CommentsPermalink
Sec. 602. Certification of State firearm licensing systems and State
firearm record of sale systems.CommentsClose CommentsPermalink
TITLE VII--RELATIONSHIP TO OTHER LAW
Sec. 701. Subordination to Arms Export Control Act.CommentsClose
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TITLE VIII--INAPPLICABILITY
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Sec. 801. Inapplicability to governmental authorities.CommentsClose
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TITLE IX--EFFECTIVE DATE
Sec. 901. Effective date of amendments.CommentsClose
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SEC. 2. FINDINGS AND PURPOSES.
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(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the manufacture, distribution, and importation of firearms is
inherently commercial in nature;CommentsClose CommentsPermalink
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(2) firearms regularly move in interstate commerce;CommentsClose
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(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;CommentsClose CommentsPermalink
(4) because the intrastate and interstate trafficking of firearms
are so commingled, full regulation of interstate commerce requires the
incidental regulation of intrastate commerce;CommentsClose CommentsPermalink
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(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; andCommentsClose CommentsPermalink
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(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.CommentsClose CommentsPermalink
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(b) Sense of the Congress- It is the sense of the Congress
that--CommentsClose CommentsPermalink
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(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; andCommentsClose CommentsPermalink
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(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.CommentsClose CommentsPermalink
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(c) Purposes- The purposes of this Act and the amendments made by this Act
are--CommentsClose CommentsPermalink
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(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;CommentsClose CommentsPermalink
(2) to ensure that owners of qualifying firearms are knowledgeable
in the safe use, handling, and storage of those firearms;CommentsClose
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(3) to restrict the availability of qualifying firearms to
criminals, youth, and other persons prohibited by Federal law from receiving
firearms; andCommentsClose CommentsPermalink
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(4) to facilitate the tracing of qualifying firearms used in crime
by Federal and State law enforcement agencies.CommentsClose CommentsPermalink
SEC. 3. DEFINITIONS.
(a) In General- In this Act:CommentsClose CommentsPermalink
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(1) FIREARM; LICENSED DEALER; LICENSED MANUFACTURER; STATE- The
terms `firearm', `licensed dealer', `licensed manufacturer', and `State' have
the meanings given those terms in section 921(a) of title 18, United States
Code.CommentsClose CommentsPermalink
(2) QUALIFYING FIREARM- The term `qualifying firearm' has the
meaning given the term in section 921(a) of title 18, United States Code, as
amended by subsection (b) of this section.CommentsClose CommentsPermalink
(b) Amendment to Title 18, United States Code- Section 921(a) of title 18,
United States Code, is amended by adding at the end the following:CommentsClose
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`(36) The term `qualifying firearm'--CommentsClose
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`(A) means--CommentsClose CommentsPermalink
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`(i) any handgun; orCommentsClose CommentsPermalink
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`(ii) any semiautomatic firearm that can accept any
detachable ammunition feeding device; andCommentsClose CommentsPermalink
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`(B) does not include any antique.'.CommentsClose
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TITLE I--LICENSINGCommentsClose CommentsPermalink
SEC. 101. LICENSING REQUIREMENT.
Section 922 of title 18, United States Code, is amended by adding at the
end the following:CommentsClose CommentsPermalink
`(aa) Firearm Licensing Requirement-CommentsClose CommentsPermalink
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`(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--CommentsClose
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`(A) under title I of Blair Holt's Firearm Licensing and
Record of Sale Act of 2009, which license has not been invalidated or revoked
under that title; orCommentsClose CommentsPermalink
`(B) pursuant to a State firearm licensing and record of
sale system certified under section 602 of Blair Holt's Firearm Licensing and
Record of Sale Act of 2009, which license has not been invalidated or revoked
under State law.CommentsClose CommentsPermalink
`(2) APPLICABLE DATE- In this subsection, the term `applicable
date' means--CommentsClose CommentsPermalink
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`(A) with respect to a qualifying firearm that is acquired
by the person before the date of the enactment of Blair Holt's Firearm Licensing
and Record of Sale Act of 2009, 2 years after such date of enactment;
andCommentsClose CommentsPermalink
`(B) with respect to a qualifying firearm that is acquired
by the person on or after the date of the enactment of Blair Holt's Firearm
Licensing and Record of Sale Act of 2009, 1 year after such date of
enactment.'.CommentsClose CommentsPermalink
SEC. 102. APPLICATION REQUIREMENTS.
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(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--CommentsClose CommentsPermalink
(1) a current, passport-sized photograph of the applicant that
provides a clear, accurate likeness of the applicant;CommentsClose
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(2) the name, address, and date and place of birth of the
applicant;CommentsClose CommentsPermalink
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(3) any other name that the applicant has ever used or by which the
applicant has ever been known;CommentsClose CommentsPermalink
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(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;CommentsClose CommentsPermalink
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(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;CommentsClose CommentsPermalink
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(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;CommentsClose CommentsPermalink
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(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--CommentsClose CommentsPermalink
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(A) the safe storage of firearms, particularly in the vicinity
of persons who have not attained 18 years of age;CommentsClose CommentsPermalink
(B) the safe handling of firearms;CommentsClose
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(C) the use of firearms in the home and the risks associated
with such use;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
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(E) any other subjects, as the Attorney General determines to
be appropriate;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(9) the date on which the application was submitted;
andCommentsClose CommentsPermalink
(10) the signature of the applicant.CommentsClose CommentsPermalink
(b) Regulations Governing Submission- The Attorney General shall
promulgate regulations specifying procedures for the submission of applications
to the Attorney General under this section, which regulations
shall--CommentsClose CommentsPermalink
(1) provide for submission of the application through a licensed
dealer or an office or agency of the Federal Government designated by the
Attorney General;CommentsClose CommentsPermalink
(2) require the applicant to provide a valid identification document
(as defined in section 1028(d)(2) of title 18, United States Code) of the
applicant, containing a photograph of the applicant, to the licensed dealer or
to the office or agency of the Federal Government, as applicable, at the time of
submission of the application to that dealer, office, or agency;
andCommentsClose CommentsPermalink
(3) require that a completed application be forwarded to the
Attorney General not later than 48 hours after the application is submitted to
the licensed dealer or office or agency of the Federal Government, as
applicable.CommentsClose CommentsPermalink
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(c) Fees-CommentsClose CommentsPermalink
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(1) IN GENERAL- The Attorney General shall charge and collect from
each applicant for a license under this title a fee in an amount determined in
accordance with paragraph (2).CommentsClose CommentsPermalink
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(2) FEE AMOUNT- The amount of the fee collected under this
subsection shall be not less than the amount determined by the Attorney General
to be necessary to ensure that the total amount of all fees collected under this
subsection during a fiscal year is sufficient to cover the costs of carrying out
this title during that fiscal year, except that such amount shall not exceed
$25.CommentsClose CommentsPermalink
SEC. 103. ISSUANCE OF LICENSE.
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(a) In General- The Attorney General shall issue a firearm license to an
applicant who has submitted an application that meets the requirements of
section 102 of this Act, if the Attorney General ascertains that the individual
is not prohibited by subsection (g) or (n) of section 922 of title 18, United
States Code, from receiving a firearm.CommentsClose CommentsPermalink
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(b) Effect of Issuance to Prohibited Person- A firearm license issued
under this section shall be null and void if issued to a person who is
prohibited by subsection (g) or (n) of section 922 of title 18, United States
Code, from receiving a firearm.CommentsClose CommentsPermalink
(c) Form of License- A firearm license issued under this section shall be
in the form of a tamper-resistant card, and shall include--CommentsClose
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(1) the photograph of the licensed individual submitted with the
application;CommentsClose CommentsPermalink
(2) the address of the licensed individual;CommentsClose
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(3) the date of birth of the licensed individual;CommentsClose
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(4) a license number, unique to each licensed
individual;CommentsClose CommentsPermalink
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(5) the expiration date of the license, which shall be the date that
is 5 years after the initial anniversary of the date of birth of the licensed
individual following the date on which the license is issued (or in the case of
a license renewal, following the date on which the license is renewed under
section 104);CommentsClose CommentsPermalink
(6) the signature of the licensed individual provided on the
application, or a facsimile of the application; andCommentsClose
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(7) centered at the top of the license, capitalized, and in boldface
type, the following:CommentsClose CommentsPermalink
`FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.CommentsClose
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SEC. 104. RENEWAL OF LICENSE.
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(a) Application for Renewal-CommentsClose CommentsPermalink
(1) IN GENERAL- In order to renew a firearm license issued under
this title, not later than 30 days before the expiration date of the license,
the licensed individual shall submit to the Attorney General (in accordance with
the regulations promulgated under paragraph (3)), in a form approved by the
Attorney General, an application for renewal of the license.CommentsClose
CommentsPermalink
(2) CONTENTS- An application submitted under paragraph (1) shall
include--CommentsClose CommentsPermalink
(A) a current, passport-sized photograph of the applicant that
provides a clear, accurate likeness of the applicant;CommentsClose
CommentsPermalink
(B) current proof of identity of the licensed individual;
andCommentsClose CommentsPermalink
(C) the address of the licensed individual.CommentsClose
CommentsPermalink
(3) REGULATIONS GOVERNING SUBMISSION- The Attorney General shall
promulgate regulations specifying procedures for the submission of applications
under this subsection.CommentsClose CommentsPermalink
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(b) Issuance of Renewed License- Upon approval of an application submitted
under subsection (a) of this section, the Attorney General shall issue a renewed
license, which shall meet the requirements of section 103(c), except that the
license shall include the current photograph and address of the licensed
individual, as provided in the application submitted under this section, and the
expiration date of the renewed license, as provided in section
103(c)(5).CommentsClose CommentsPermalink
SEC. 105. REVOCATION OF LICENSE.
(a) In General- If an individual to whom a license has been issued under
this title subsequently becomes a person who is prohibited by subsection (g) or
(n) of section 922 of title 18, United States Code, from receiving a
firearm--CommentsClose CommentsPermalink
(1) the license is revoked; andCommentsClose CommentsPermalink
(2) the individual shall promptly return the license to the Attorney
General.CommentsClose CommentsPermalink
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(b) Administrative Action- Upon receipt by the Attorney General of notice
that an individual to whom a license has been issued under this title has become
a person described in subsection (a), the Attorney General shall ensure that the
individual promptly returns the license to the Attorney General.CommentsClose
CommentsPermalink
TITLE II--RECORD OF SALE OR TRANSFERCommentsClose CommentsPermalink
SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.
Section 922 of title 18, United States Code, as amended by section 101 of
this Act, is amended by adding at the end the following:CommentsClose
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`(bb) Unauthorized Sale or Transfer of a Qualifying Firearm- It shall
be unlawful for any person to sell, deliver, or otherwise transfer a qualifying
firearm to, or for, any person who is not a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, or to receive a qualifying
firearm from a person who is not a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, unless, at the time and place of the
transfer or receipt--CommentsClose CommentsPermalink
`(1) the transferee presents to a licensed dealer a valid
firearm license issued to the transferee--CommentsClose CommentsPermalink
`(A) under title I of Blair Holt's Firearm Licensing and
Record of Sale Act of 2009; orCommentsClose CommentsPermalink
`(B) pursuant to a State firearm licensing and record of
sale system certified under section 602 of Blair Holt's Firearm Licensing and
Record of Sale Act of 2009 established by the State in which the transfer or
receipt occurs;CommentsClose CommentsPermalink
`(2) the licensed dealer contacts the Attorney General or the
head of the State agency that administers the certified system described in
paragraph (1)(B), as applicable, and receives notice that the transferee has
been issued a firearm license described in paragraph (1) and that the license
remains valid; andCommentsClose CommentsPermalink
`(3) the licensed dealer records on a document (which, in the
case of a sale, shall be the sales receipt) a tracking authorization number
provided by the Attorney General or the head of the State agency, as applicable,
as evidence that the licensed dealer has verified the validity of the
license.'.CommentsClose CommentsPermalink
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--CommentsClose
CommentsPermalink
(1) the manufacturer of the firearm;CommentsClose CommentsPermalink
(2) the model name or number of the firearm;CommentsClose
CommentsPermalink
(3) the serial number of the firearm;CommentsClose CommentsPermalink
(4) the date on which the firearm was received by the
transferee;CommentsClose CommentsPermalink
(5) the number of a valid firearm license issued to the transferee
under title I of this Act; andCommentsClose CommentsPermalink
(6) the name and address of the individual who transferred the
firearm to the transferee.CommentsClose CommentsPermalink
(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).CommentsClose
CommentsPermalink
3
(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.CommentsClose CommentsPermalink
TITLE III--ADDITIONAL PROHIBITIONSCommentsClose CommentsPermalink
SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.
Section 922 of title 18, United States Code, as amended by sections 101
and 201 of this Act, is amended by adding at the end the following:CommentsClose
CommentsPermalink
`(cc) Universal Background Check Requirement-CommentsClose
CommentsPermalink
3
`(1) REQUIREMENT- Except as provided in paragraph (2), it shall
be unlawful for any person other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell, deliver, or
otherwise transfer a firearm to any person other than such a licensee, unless
the transfer is processed through a licensed dealer in accordance with
subsection (t).CommentsClose CommentsPermalink
3
`(2) EXCEPTION- Paragraph (1) shall not apply to the infrequent
transfer of a firearm by gift, bequest, intestate succession or other means by
an individual to a parent, child, grandparent, or grandchild of the individual,
or to any loan of a firearm for any lawful purpose for not more than 30 days
between persons who are personally known to each other.'.CommentsClose
CommentsPermalink
SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.
Section 922 of title 18, United States Code, as amended by sections 101,
201, and 301 of this Act, is amended by adding at the end the
following:CommentsClose CommentsPermalink
`(dd) Failure To Maintain or Permit Inspection of Records- It shall be
unlawful for a licensed manufacturer or a licensed dealer to fail to comply with
section 202 of Blair Holt's Handgun Licensing and Record of Sale Act of 2009, or
to maintain such records or supply such information as the Attorney General may
require in order to ascertain compliance with such Act and the regulations and
orders issued under such Act.'.CommentsClose CommentsPermalink
SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.
Section 922 of title 18, United States Code, as amended by sections 101,
201, 301, and 302 of this Act, is amended by adding at the end the
following:CommentsClose CommentsPermalink
1
`(ee) Failure To Report Loss or Theft of Firearm- It shall be unlawful
for any person who owns a qualifying firearm to fail to report the loss or theft
of the firearm to the Attorney General within 72 hours after the loss or theft
is discovered.'.CommentsClose CommentsPermalink
SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.
Section 922 of title 18, United States Code, as amended by sections 101,
201, 301, 302, and 303 of this Act, is amended by adding at the end the
following:CommentsClose CommentsPermalink
3
`(ff) Failure To Provide Notice of Change of Address- It shall be
unlawful for any individual to whom a firearm license has been issued under
title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2009 to fail
to report to the Attorney General a change in the address of that individual
within 60 days of that change of address.'.CommentsClose CommentsPermalink
SEC. 305. CHILD ACCESS PREVENTION.
Section 922 of title 18, United States Code, as amended by sections 101,
201, 301, 302, 303, and 304 of this Act, is amended by adding at the end the
following:CommentsClose CommentsPermalink
`(gg) Child Access Prevention-CommentsClose CommentsPermalink
`(1) DEFINITION OF CHILD- In this subsection, the term `child'
means an individual who has not attained the age of 18 years.CommentsClose
CommentsPermalink
3
`(2) PROHIBITION AND PENALTIES- Except as provided in paragraph
(3), it shall be unlawful for any person to keep a loaded firearm, or an
unloaded firearm and ammunition for the firearm, any 1 of which has been shipped
or transported in interstate or foreign commerce, within any premises that is
under the custody or control of that person, if--CommentsClose CommentsPermalink
`(A) that person--CommentsClose CommentsPermalink
`(i) knows, or recklessly disregards the risk, that
a child is capable of gaining access to the firearm; andCommentsClose
CommentsPermalink
`(ii) either--CommentsClose CommentsPermalink
`(I) knows, or recklessly disregards the risk,
that a child will use the firearm to cause the death of, or serious bodily
injury (as defined in section 1365 of this title) to, the child or any other
person; orCommentsClose CommentsPermalink
`(II) knows, or reasonably should know, that
possession of the firearm by a child is unlawful under Federal or State law;
andCommentsClose CommentsPermalink
`(B) a child uses the firearm and the use of that firearm
causes the death of, or serious bodily injury to, the child or any other
person.CommentsClose CommentsPermalink
1
`(3) EXCEPTIONS- Paragraph (2) shall not apply if--CommentsClose
CommentsPermalink
`(A) at the time the child obtained access, the firearm
was secured with a secure gun storage or safety device;CommentsClose
CommentsPermalink
7
`(B) the person is a peace officer, a member of the Armed
Forces, or a member of the National Guard, and the child obtains the firearm
during, or incidental to, the performance of the official duties of the person
in that capacity;CommentsClose CommentsPermalink
2
`(C) the child uses the firearm in a lawful act of
self-defense or defense of 1 or more other persons; orCommentsClose
CommentsPermalink
`(D) the person has no reasonable expectation, based on
objective facts and circumstances, that a child is likely to be present on the
premises on which the firearm is kept.'.CommentsClose CommentsPermalink
TITLE IV--ENFORCEMENTCommentsClose CommentsPermalink
SEC. 401. CRIMINAL PENALTIES.
1
(a) Failure To Possess Firearm License; Failure To Comply With Qualifying
Firearm Sale or Transfer Requirements; Failure To Maintain or Permit Inspection
of Records- Section 924(a) of title 18, United States Code, is amended by adding
at the end the following:CommentsClose CommentsPermalink
1
`(8) Whoever knowingly violates subsection (aa), (bb), or (dd) of
section 922 shall be fined under this title, imprisoned not more than 2 years,
or both.'.CommentsClose CommentsPermalink
(b) Failure To Comply With Universal Background Checks; Failure To Timely
Report Loss or Theft of a Qualifying Firearm; Failure To Provide Notice of
Change of Address- Section 924(a)(5) of such title is amended by striking `(s)
or (t)' and inserting `(t), (cc), (ee), or (ff)'.CommentsClose CommentsPermalink
(c) Child Access Prevention- Section 924(a) of such title, as amended by
subsection (a) of this section, is amended by adding at the end the
following:CommentsClose CommentsPermalink
1
`(9) Whoever violates section 105(a)(2) of Blair Holt's Handgun
Licensing and Record of Sale Act of 2009, knowingly or having reason to believe
that the person is prohibited by subsection (g) or (n) of section 922 of title
18, United States Code, from receiving a firearm, shall be fined under this
title, imprisoned not more than 10 years, or both.CommentsClose
CommentsPermalink
`(10) Whoever violates section 922(gg) shall be fined under this
title, imprisoned not more than 5 years, or both.'.CommentsClose
CommentsPermalink
SEC. 402. REGULATIONS.
1
(a) In General- The Attorney General shall issue regulations governing the
licensing of possessors of qualifying firearms and the recorded sale of
qualifying firearms, consistent with this Act and the amendments made by this
Act, as the Attorney General determines to be reasonably necessary to reduce or
prevent deaths or injuries resulting from qualifying firearms, and to assist law
enforcement in the apprehension of owners or users of qualifying firearms used
in criminal activity.CommentsClose CommentsPermalink
(b) Maximum Interval Between Issuance of Proposed and Final Regulation-
Not later than 120 days after the date on which the Attorney General issues a
proposed regulation under subsection (a) with respect to a matter, the Attorney
General shall issue a final regulation with respect to the matter.CommentsClose
CommentsPermalink
SEC. 403. INSPECTIONS.
6
In order to ascertain compliance with this Act, the amendments made by
this Act, and the regulations and orders issued under this Act, the Attorney
General may, during regular business hours, enter any place in which firearms or
firearm products are manufactured, stored, or held, for distribution in
commerce, and inspect those areas where the products are so manufactured,
stored, or held.CommentsClose CommentsPermalink
SEC. 404. ORDERS.
3
The Attorney General may issue an order prohibiting the sale or transfer
of any firearm that the Attorney General finds has been transferred or
distributed in violation of this Act, an amendment made by this Act, or a
regulation issued under this Act.CommentsClose CommentsPermalink
SEC. 405. INJUNCTIVE ENFORCEMENT.
1
The Attorney General may bring an action to restrain any violation of this
Act or an amendment made by this Act in the district court of the United States
for any district in which the violation has occurred, or in which the defendant
is found or transacts business.CommentsClose CommentsPermalink
TITLE V--FIREARM INJURY INFORMATION AND RESEARCHCommentsClose CommentsPermalink
SEC. 501. DUTIES OF THE ATTORNEY GENERAL.
(a) In General- The Attorney General shall--CommentsClose
CommentsPermalink
(1) establish and maintain a firearm injury information
clearinghouse to collect, investigate, analyze, and disseminate data and
information relating to the causes and prevention of death and injury associated
with firearms;CommentsClose CommentsPermalink
(2) conduct continuing studies and investigations of firearm-related
deaths and injuries; andCommentsClose CommentsPermalink
1
(3) collect and maintain current production and sales figures for
each licensed manufacturer.CommentsClose CommentsPermalink
(b) Availability of Information- Periodically, but not less frequently
than annually, the Attorney General shall report to the Congress and make
available to the public a report on the activities of the Attorney General under
subsection (a).CommentsClose CommentsPermalink
TITLE VI--EFFECT ON STATE LAWCommentsClose CommentsPermalink
SEC. 601. EFFECT ON STATE LAW.
3
(a) In General- This Act and the amendments made by this Act may not be
construed to preempt any provision of the law of any State or political
subdivision of that State, or prevent a State or political subdivision of that
State from enacting any provision of law regulating or prohibiting conduct with
respect to firearms, except to the extent that the provision of law is
inconsistent with any provision of this Act or an amendment made by this Act,
and then only to the extent of the inconsistency.CommentsClose CommentsPermalink
2
(b) Rule of Interpretation- A provision of State law is not inconsistent
with this Act or an amendment made by this Act if the provision imposes a
regulation or prohibition of greater scope or a penalty of greater severity than
a corresponding prohibition or penalty imposed by this Act or an amendment made
by this Act.CommentsClose CommentsPermalink
SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE FIREARM
RECORD OF SALE SYSTEMS.
Upon a written request of the chief executive officer of a State, the
Attorney General may certify--CommentsClose CommentsPermalink
(1) a firearm licensing system established by a State, if State law
requires the system to satisfy the requirements applicable to the Federal
firearm licensing system established under title I; orCommentsClose
CommentsPermalink
(2) a firearm record of sale system established by a State, if State
law requires the head of the State agency that administers the system to submit
to the Federal firearm record of sale system established under section 202(b) a
copy of each report submitted to the head of the agency under section 202(a),
within 7 days after receipt of the report.CommentsClose CommentsPermalink
TITLE VII--RELATIONSHIP TO OTHER LAWCommentsClose CommentsPermalink
SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.
1
In the event of any conflict between any provision of this Act or an
amendment made by this Act, and any provision of the Arms Export Control Act (22
U.S.C. 2751), the provision of the Arms Export Control Act shall
control.CommentsClose CommentsPermalink
TITLE VIII--INAPPLICABILITYCommentsClose CommentsPermalink
SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.
8
This Act and the amendments made by this Act shall not apply to any
department or agency of the United States, of a State, or of a political
subdivision of a State, or to any official conduct of any officer or employee of
such a department or agency.CommentsClose CommentsPermalink
TITLE IX--EFFECTIVE DATECommentsClose CommentsPermalink
SEC. 901. EFFECTIVE DATE OF AMENDMENTS.
16
The amendments made by this Act shall take effect 1 year after the date of
the enactment of this Act.
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Dear Mr. Ruoss:
Thank you for contacting me to express your concerns with H.R. 146, the Omnibus Public Land Management Act of 2009. It was good to hear from you.
As you may know, Rep. Rush Holt introduced H.R. 146 on January 6, 2009. This bill contains a provision which would enact into law the National Landscape Conservation System (NLCS) created by Bureau of Land Management in order to conserve certain nationally significant landscapes. This is also a compilation of many bills that affect America's natural resources.
Like you, I am very concerned about the state of America's natural beauty and wildlife, and I am supportive of efforts to ensure that our environment remains clean and our wildlife protected for future generations. From the Chesapeake Bay and our beautiful streams and coastal waters to Alaska's pristine wilderness and Yellowstone's majestic wildlife, America is blessed with incredible beauty. I believe it is the duty of Congress to pursue measures that will reduce pollution and preserve this wonderful environment so that future generations are able to enjoy the same natural blessings we do.
On March 25, 2009, H.R. 146 passed the House by a vote of 285 to 140, and was signed into law by the President on March 30, 2009. Because I share your concerns with the consequences of this legislation, I voted against this bill. Rest assured, should further legislation on environmental regulations come to the House floor for a vote, I will be sure to keep your views in mind.
Thanks again for sharing your views with me. Please don't hesitate to contact me in the future with any matter that concerns you or your family.
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If you would like more information about my work on behalf of the people of the 16th District, or to sign up for email updates, please visit my website at www.house.gov/pitts. You can also view speeches and discussions of mine at www.youtube.com/congressmanjoepitts.
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Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org
Wednesday, April 1, 2009
In March, both the U.S. House and Senate finished up work on a massive,
anti-gun $10 billion omnibus federal land bill.
The bill had been held up for over a year in large part due to GOA
members fighting for Second Amendment rights on federal land -- YOUR
land.
The Second Amendment has been null and void for many years on all land
controlled by the National Park Service (NPS). While regulations
promulgated in the waning days of the Bush administration partially
reversed that gun ban, a federal judge recently blocked those rules from
taking effect.
GOA worked closely with pro-gun members of the House and Senate to add a
complete repeal of the NPS gun prohibition to the larger land bill.
While these efforts delayed passage of the bill, in the end the anti-gun
congressional leadership teamed up with "pro-gun" compromisers and
passed the measure without protecting the Second Amendment.
In an effort to appease gun owners, language was added to the bill to
protect hunting and fishing. But, as GOA pointed out to the Congress,
the Founding Fathers did not pledge their lives, fortunes and sacred
honor to protect a recreational pastime.
The final attempt to protect the Second Amendment from NPS bureaucrats
came on a procedural vote in the House that would have made in order an
amendment, sponsored by pro-gun Reps. Doc Hastings (R-WA) and Rob Bishop
(R-UT), to repeal the gun ban. That motion failed by a vote of 242-180.
So now not only does the gun ban remain in place, the new bill greatly
expands the total amount of NPS land. Since NPS-controlled parks and
trails also include many busy roadways, hundreds of thousands of gun
owners can unwittingly find themselves in violation of the gun ban
without even knowing they are on federal land.
Representatives Hastings and Bishop, along with Rep. Paul Broun (R-GA),
have vowed to continue their efforts to wipe this unconstitutional gun
ban from the books. In the Senate, Tom Coburn (R-OK) is also pushing
for the repeal of the anti-gun NPS regulations.
Gun Owners of America would like to thank the thousands upon thousands
of email subscribers who repeatedly contacted their congressmen in this
battle to protect the Second Amendment. We were sold out by
compromisers this time, but we will "remember in November" those who
voted against the Second Amendment.
Please help spread the word so we can get even more people contacting
their elected officials. As the late Senator Everett Dirksen said,
"When I feel the heat, I see the light."
And do we ever need to turn up the heat!
Many important battles for your Second Amendment rights lay before us.
For instance, Barack Obama and his anti-gun cronies are making a massive
push to renew the Clinton semi-auto ban.
The President and his Attorney General, Eric Holder, are blaming the
current violence among Mexican drug cartels on firearms from the United
States. This is another blatant attempt by anti-gun advocates to use
whatever situation they can find to further erode your Second Amendment
rights.
The problems of corruption and violence in Mexico should not be used as
an excuse to curtail your right to keep and bear arms. But once again
law-abiding American gun owners are in danger of being punished for the
criminal actions of others.
The Clinton gun ban is just one of the attacks that you and GOA will be
fighting.
There is also a massive anti-gun bill in Congress, H.R. 45, that
includes universal gun owner licensing and registration, and the Obama
White House continues its efforts to ban private firearms transactions
at gun shows.
You can help us reach out to even more gun owners. Please forward this
message to your friends and encourage them to sign up for the GOA email
alerts.
And if you haven't already become a member of GOA, consider joining.
For a small amount of money such as $35, $50 or $100, you can join with
other Americans to save our Constitutional rights. Visit
www.gunowners.org to join GOA today.
Thank you again for being part of the GOA team working to protect
American liberty.
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FINAL VOTE RESULTS FOR ROLL CALL 140
(Democrats in roman; Republicans in italic; Independents underlined)
H R 1388 YEA-AND-NAY 18-Mar-2009 4:39 PM
QUESTION: On Passage
BILL TITLE: Generations Invigorating Volunteerism and Education (GIVE) Act
|
|
|
|
|
| Democratic |
251 |
1 |
|
2 |
| Republican |
70 |
104 |
|
4 |
| Independent |
|
|
|
|
|
321 |
105 |
|
6 |
---- YEAS 321 ---
Abercrombie
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Bono Mack
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Butterfield
Calvert
Camp
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Cassidy
Castle
Castor (FL)
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Fortenberry
Foster
Frank (MA)
Frelinghuysen
Fudge
Gallegly
Gerlach
Giffords
Gonzalez
Gordon (TN)
Grayson
|
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Heller
Herseth Sandlin
Higgins
Hill
Himes
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (NY)
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luján
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
|
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pelosi
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Platts
Polis (CO)
Pomeroy
Price (NC)
Putnam
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sánchez, Linda T.
Sarbanes
Schakowsky
Schauer
Schiff
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shimkus
Shuler
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Souder
Space
Speier
Spratt
Stark
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velázquez
Visclosky
Walden
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
|
---- NAYS 105 ---
Aderholt
Akin
Alexander
Bachmann
Barrett (SC)
Bartlett
Barton (TX)
Berry
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boozman
Brady (TX)
Broun (GA)
Brown (SC)
Burgess
Burton (IN)
Buyer
Campbell
Cantor
Carter
Chaffetz
Coble
Coffman (CO)
Conaway
Culberson
Davis (KY)
Deal (GA)
Dreier
Duncan
Fallin
Flake
Fleming
|
Forbes
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey (GA)
Goodlatte
Granger
Graves
Hall (TX)
Harper
Hastings (WA)
Hensarling
Herger
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson, Sam
Jones
Jordan (OH)
King (IA)
Kingston
Kline (MN)
Lamborn
Latta
Linder
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
|
McClintock
McHenry
Mica
Miller (FL)
Moran (KS)
Myrick
Neugebauer
Nunes
Paul
Pence
Pitts
Poe (TX)
Posey
Price (GA)
Radanovich
Rogers (AL)
Rohrabacher
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shuster
Smith (NE)
Smith (TX)
Stearns
Thornberry
Tiahrt
Wamp
Westmoreland
Whitfield
Wilson (SC)
|
---- NOT VOTING 6 ---
Boustany
Gohmert
|
Hinchey
Miller, Gary
|
Olson
Sanchez, Loretta
|
|
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