USA – -(Ammoland.com)- Welcome back to The Legal Brief, the show where we CRUSH the various legal myths and misinformation surrounding various areas of the gun world. I'm your host Adam Kraut and today we're flipping through the highlight reel of the recent onslaught of gun control legislation.
Before we jump into today's topic I just wanted to take a second to thank all of you for your support. For those of you that haven't heard, with your help and dedication, I'm back on the ballot for the NRA Board of Directors in 2018. That's right, we're doing it again, and this time we're going across the finish line! I'll have some more exciting announcements in the coming weeks, so be sure to get subscribed to my email list so you don't miss a beat. The link is in the description.
First up, H.R. 3999 which was introduced by Representative Curbelo, a Republican of Florida and has 25 Benedict Arnolds, 13 Democrats and 12 Republicans cosponsoring the bill. The bill, as written, would make it unlawful to manufacture, possess, or transfer any part or combination of parts that are designed and function to increase the rate of fire of a semiautomatic rifle but does not actually convert the semiautomatic rifle into a machinegun. It also imposes mandatory minimums for people who use, carry, or possessed those parts in relation to a crime of violence or drug trafficking offense OR smuggled them in or out of the United States.
So what's the big deal with this bill? For starters, from a fundamental standpoint, it is wholly unnecessary and is an attempt to legislate murder. Second, there is a HUGE problem with the language. I don't know about you, but I have no idea what the rate of fire of a semiautomatic rifle is. The problem is further compounded when the design and function have to be accounted for. Conceivably, that could cover everything from an adjustable gas block to a basic trigger.
The lack of specificity of the bill's language would create all kinds of problems for those trying to comply with the law. Not to mention, it would open pandora's box for ATF to issue determination letters on everything from bolt carriers to springs. And if that weren't bad enough, then the Courts would need to get involved when the legality of some part or parts was challenged.
I stopped by my congressman's office, who unfortunately happens to be a cosponsor of this nonsense. I'd encourage all of you to pick up the phone and call your Representatives and tell them to vote no on this bill, that essentially is a de facto ban on semiautomatic firearms.
Next up in this all out attack on the Second Amendment, H.R. 3962, the Stop Online Ammunition Sales Act of 2017, introduced by Bonnie Watson Coleman of NJ. As the title suggests it would eliminate the ability for ammunition to be sold online. It would further require those selling ammunition to be licensed to do so and impose record-keeping requirements on them. Lastly, sales of more than 1,000 rounds of ammunition to a person in 5 days would trigger a reporting requirement…This bill has 29 cosponsors, all of which are Democrats.
Lastly in the House, H.R. 3984, the Equal Access to Justice for Victims of Gun Violence Act, introduced by Adam Schiff of California. You may remember we previously covered the Protection of Lawful Commerce in Arms Act which removes the ability of individuals to sue gun manufacturers and dealers in instances where a gun is used in a crime or unlawful manner. This bill seeks to repeal that protection. It also would allow for information in the ATF Trace Program to be used in civil proceedings. This bill has 28 cosponsors and unsurprisingly, all are Democrats. This one also has a companion bill in the Senate.
Turning to the Senate, everybody's favorite anti gun zealot, Diane Feinstein has introduced the Automatic Gunfire Prevention Act. Similar, in nature to H.R. 3999, this bill also specifies trigger cranks and bump-fire devices in its language. This bill has 38 cosponsors, 37 of which are Democrats and 1 Independent.
We also have Senate Bill 1945, the Keep Americans Safe Act, which would make it unlawful to import, sell, manufacture, transfer, or possess a magazine with more than 10 rounds. This would not apply to magazines lawfully possessed prior to the enactment of this bill and of course has exceptions for the United States and its agencies, Law Enforcement, licensees under the Atomic Energy Act of 1954, Retired Law Enforcement (if they had purchased the magazine for official purposes while on duty or it was sold or transferred to them by the department upon retirement), and Campus Law Enforcement. Essentially everyone but you and me. They should change this to the two legs good four legs bad act.
Last up in the Senate, the Background Check Completion Act of 2017, which would eliminate the ability of FFLs to transfer a firearm after three business days with no response from NICS. Once again, a solution in search of a problem.
As you can see, it doesn't take long for gun control bills to be trotted out whenever there is a tragedy. However, none of these bills address the underlying problem of the person who is committing the crime. These bills only serve to punish law abiding citizens who comply with the law. Couple that with the poor wording and the lack of understanding of what the lawmaker is actually trying to regulate, and you get the perfect storm that ATF and Courts will have to sort out.
You need to get involved to make sure that none of these bills make it to the President's desk. Regardless of whether you think he will sign one or not, you still need to pick up the phone and act. I've included a link in the description so you can find your Representative and Senators. Pick up the phone on your way to work, home from work, lunch, whatever, and spend the five minutes making your voice heard. Be polite but be firm that you don't want them to support any more gun control. It would also be a good time to mention National Reciprocity and the SHARE Act and that you want them to support those bills.
Are you tired of the onslaught of gun control after a tragedy? Make sure to share this video with your friends. Don't forget to hit that like button and if you aren't subscribed already, you better make that happen. Hang out on Facebook? Be sure to join us on the TGC Nation Group. Be sure to check out my website adamkraut.com.
And as always thanks for watching!
Links for this episode:
- Email List: http://www.adamkraut.com/join-the-email-list/?rq=email%20list
- Who is my Senator? – https://www.senate.gov/general/contact_information/senators_cfm.cfm
- Who is my Representative? – https://www.house.gov/representatives/
- H.R. 3999: https://www.congress.gov/bill/115th-congress/house-bill/3999?q=%7B%22search%22%3A%5B%22hr+3999%22%5D%7D&r=1
- H.R. 3962: https://www.congress.gov/bill/115th-congress/house-bill/3962/text?q=%7B%22search%22%3A%5B%22H.R.+3962%22%5D%7D&r=1
- H.R. 3984:
- S. 1939 – Companion Bill to H.R. 3984: https://www.congress.gov/bill/115th-congress/senate-bill/1939/text?q=%7B%22search%22%3A%5B%22S.+1939%22%5D%7D&r=1
- S. 1945: https://www.congress.gov/bill/115th-congress/senate-bill/1945/text?q=%7B%22search%22%3A%5B%22S.+1945%22%5D%7D&r=1
- S. 1923: https://www.congress.gov/bill/115th-congress/senate-bill/1923?q=%7B%22search%22%3A%5B%22S.+1923%22%5D%7D&r=1
List of all the bills
- HR 3947 – Bans parts and accessories that increase the rate of fire of a semi-automatic firearm
- HR 3962 – Bans online sales of ammunition
- HR 3984 – Repeals the Lawful Protection in Commerce law that would allow lawsuits against FFL's and manufacturers
- HR 3986 – Would require the placement of tracking ID into ‘all' firearms sold in America
- HR 3987 – Would require a fee to purchase a firearm through NICS and use these monies to fund the CDC to conduct research on gun violence that was previously found to be biased by Congress
- HR 3998 – Bans firearms for known or ‘suspected' terrorists
- HR 3999 – Bans parts that increase the rate of fire of a semi-automatic firearm
- HR 4018 – Institutes a ‘3' day waiting period nationally for purchase of handgun
- HR 4025 – Expands reporting of multiple firearms sales
- HR 4052 – Would ‘ban' possession and transfer of large capacity magazines (More than 10 rounds)
- HR 4057 – Expansion of Prohibition for firearms ownership for being on a Terrorist Watch List
- S. 1915 – Would require all firearms to be personalized for restricted access and use
- S. 1916 – Bans parts and accessories that increase the rate of fire of a semi-automatic firearm
- S. 1923 – Expands background checks of firearms
- S. 1939 – Repeals the Lawful Protection in Commerce law that would allow lawsuits against FFL's and manufacturers
- S. 1945 – Would ‘ban' possession and transfer of large capacity magazines (More than 10 rounds)
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