Opinion
Fairfax, VA – -(Ammoland.com)- Gun control laws aren’t about stopping violent criminals, they are about burdening law-abiding gun owners.
Few pieces of anti-gun legislation illustrate this fact better than H.R.1705/S.1924, which would extend anti-gun lawmakers’ cumbersome so-called “universal” background check proposal to cover the commercial and private transfers of ammunition. On September 23, 2019, this onerous plan received the support of 21 politically minded state attorneys general, who signed a letter to congressional leadership advocating for the proposal.
H.R.1705, introduced by Rep. Debbie Wasserman Shultz (D-Fla.), would treat commercial sales of ammunition in the same manner as the commercial sale of firearms. Under the legislation, any person seeking to purchase ammunition at a store would be required to undergo an FBI National Instant Criminal Background Check System (NICS) check before acquiring the ammunition.
Moreover, the legislation would encumber nearly all private transfers of ammunition. The bill provides,
“It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying” with the NICS background check requirement.
The legislation provides a minor exemption for ammunition transfers between immediate family members. There are other narrow exemptions for transfers “at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting,” “while reasonably necessary for the purposes of hunting, trapping, or fishing,” or “while in the presence of the transferor.”
It is difficult to overstate how burdensome this policy would be for gun owners. Forcing all ammunition sales through a Federal Firearms Licensee would put non-FFL ammunition sellers out of business. This would severely curtail the availability of ammunition to the average gun owner. Gun owners would no longer be able to order ammo through the mail directly to their home, as they would need to have an FFL run a background check before taking possession of the ammunition.
Every law-abiding gun owner would be forced into a potentially lengthy background check procedure each time they purchased ammunition. A shooter couldn’t pick up a box of .22lr from his friend on the way to the range. A reloader couldn’t give a friend a new rifle load for them to try out on their own property.
This inconvenience is not a trivial matter. According to the 2018 NICS Operations Report, only 70 percent of NICS checks result in an instant determination, while 10 percent result in a significant delay. Only 1.2 percent of checks result in a denial.
Many individuals experience a delay for merely sharing a personal characteristic similar to that of someone with a potentially prohibiting record in NICS. FBI notes that “A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth).”
It is bad enough that such delays are so prevalent when Americans purchase firearms, which are a durable good. Extending this to ammunition sales, which occur with far more frequency because ammunition is a consumable good, would compound this injustice.
Despite being the top law enforcement officials in their respective states, it does not appear as if the anti-gun attorneys general know anything about existing federal gun laws. According to their letter to congress, the proposed legislation,
would make it illegal for individuals who are already “prohibited purchasers” under federal law – including convicted felons, domestic abusers, and individuals with serious mental health conditions – from purchasing or possessing ammunition.
The attorneys general might find it interesting to learn that prohibited persons are already barred from purchasing or possessing ammunition. 18 USC 922(g) provides that it is unlawful for a prohibited person,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
A prohibited person found in possession of a single round of ammunition faces up to 10 years imprisonment.
The attorneys general also appear unaware that the U.S. has already experimented with federal ammunition control. The Gun Control Act of 1968 required all ammunition dealers to be federally licensed. Moreover, the GCA required all ammunition dealers to keep a record of sales of
ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual…
The experiment was not a success.
In 1982 .22 caliber rimfire ammunition was removed from the record-keeping requirement. In 1984, the U.S. Senate Judiciary Committee concluded that ammunition dealer licensing “was not necessary to facilitate legitimate Federal law enforcement interests.” In 1986, the director of the Bureau of Alcohol, Tobacco and Firearms supported eliminating the record keeping requirement: “The Bureau and the [Treasury] Department have recognized that current recordkeeping requirements for ammunition have no substantial law enforcement value.” As a result, the Firearms Owners Protection Act of 1986 repealed the ammunition restrictions.
Federal ammunition control is a proven failure. Of course, that’s if the goal was to prevent criminal violence.
The current legislation pushed by Wasserman Schultz and the attorneys general is aimed at harassing law-abiding gun owners to further burden the exercise of their Second Amendment right to keep and bear arms. If enacted, H.R.1705/S.1924 would achieve this detestable intent.
About:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
“In 2020, even should Trump win, without a complete reversal by the Democratic Party, a renewed free and fair media, and a return to the principles upon which this nation was founded, this war will continue, and it is only a matter of time before the left again wins the Presidency, or the House, or the Senate — or all three. When that happens, this civil war will become hot because the Democrats are going to come for our guns. An armed citizenry is a free citizenry, and they can’t have that. The third most populated nation with 330,000,000 people,… Read more »
Its coming…we will not stand up for it,.Kill the 2nd and you kill the rest of it…including freedom
By not having free access to fair media the usefulness of having free speech is nullified. This limits the options to prevent oppression.
@T; I hate to agree with your view. However, what you have stated is FACTUAL. I am looking at the Dem COMMUNISTS, both “D and R”, who are pushing to DISARM Americans with their ILLEGAL “erop” / “red flag law” / RED FLAG CONFISCATION law without representation of the “accused”. Example: a gentleman in Maryland, Montgomery County where the aggressor police assassinated the man “legally”.
OH MY!! The COMMUNISTS WITHIN America are SCREAMING to disarm LEGAL LAW ABIDING American CITIXENS. The COMMUNISTS in BOTH the (dnc) and the (rnc) have noticed We the People will not surrender our arms. SOOOooo! They have decided to make our arms CLUBS by – – – DENYING and INFRINGING – – – LEGAL LAW ABIDING Americans’ RIGHTS which have been REAFFIRMED, ACCEPTED and ACKNOWLEDGED the existence BEFORE the Constitution was put to pen.
The Second Amendment is – – – THE – – – MOST – – – – INFRINGED – – – affirmed Constitutional Right.
IMOA, SCOTUS needs to get off of their useless backsides and stop this unconstitutional legislation from ever being voted on. The proposed legislation is obviously in violation of the 2nd Amendment, would be nice to have SCOTUS do their jobs and Interpret these BS anti-gun laws and determine them to be unconstitutional.
California now has background checks for ammunition which is another hoop law abiding citizens must jump through. It is currently being challenged, but like all gun laws here, a one party state can virtually do anything they want. The United States Constitution has very little meaning to these politicians and bureaucrats because they simply ignore anything they disagree with. What exactly is the case for a background check for ammunition? I believe it’s to track who’s buying it and how much. I also believe its a way to determine if the ammo you’re buying matches the guns you own, you… Read more »
I consider the governments of the state of California, and a few others, to be domestic enemies of the Constitution, and in a state of rebellion against the authority of the United States. I don’t see how what they are doing differs from the Jim Crow South, other than that they oppress everyone instead of just black people. As far as civil rights are concerned, I see the Second Amendment as an indicator. If they refuse to recognize it, what else will they refuse to recognize.
@b: After the Second Amendment is neutered or removed, whether be UNLAWFUL INFRINGING “so-called laws” or being IGNORED, ALL OF OUR CONSTITUTIONAL RIGHTS are up for grabs!!!
The federal government should nationalize the Nat. Guard in those states, and send the NG else where. Then declare those states in rebellion. Demand the governors, legislatures, judges and any other Constitution ignorers be bound over for trial. Then repeal their legislative acts back to 1945.
@ Wild Bill: If the courts won’t back trump against Sanctuary Cities, stopping federal funds going to them , what chance do you think we would gain any support to pull them in line for the Constitution that they are trying to destroy?
The federal courts would play no roll in suppressing the ongoing rebellions, just as it played no roll in the last one. That said, please remember that each branch is co-equal.
Were I the POTUS, and any federal court ordered my branch to do anything or refrain from doing any thing, I would merely thank them for their decision and ask them how they intend to carry out that order.
Easiest and most effective… charge a few of the more outrageous who violate their oath of office with felony perjury.. they all swore an oath to uphold and enforce the US COnstitution, and that of thier respective state. Floating a bill like this is such an egregious violation of that oath they need to be charged. These idiots forget what started that little kerfuffle that led to England and her “swarms of officers” being embarked on ships in harbour at Yorktown and sailing back to England. The “touch-hole” was General Gage and his campaign to seize the powder and shot… Read more »
@BUZZ, they are in full rebellion. The right people just are not recognizing it or are enjoying it.
@wjd – Sure you can. How much risk of being arrested or starting a shooting war are you willing to incur? Under CA state law it is illegal to import ammo into the state, even one cartridge lost under a car seat. Fortunately, as far as I’ve been able to find – the offense is at level of a moving-violation ticket. Could be wrong, might be misdemeanor or even felony – would love clarification from someone more familiar with CA law. Don’t think it is currently a felony, because I recently read about a move in their legislature to increase… Read more »
@Finnky, I’d like to hear more about that offense level. Seems like the state is getting people used to an exercise of power that the State of Ca does not have.
I’ve considered that, but it’s a hassle. California has inspection stations along each major entry point. These stations were originally established to control agriculture brought into California, but it’s plain to see how one day they’ll be used for other nefarious reasons. There is something quite wrong when it’s perfectly legal to do something in one state and just by crossing over an imaginary line you because an instant criminal. Handloading is still okay, and reloading components aren’t on the prohibited list yet. But like anything firearms related it’s only a matter of time before we’re criminalized for that as… Read more »
those ag stations are a joke. They can’t search a car without solid probable cause. Of course, if you spend the weekend in Reno, have your friend you are visiting drive you to the gun store when you load up. The “Last chance gun stores” near the border would be a bad place to buy, as CHP and other nefarious creeps could easily surveil who pulls in there on the way south. Be wise. I’m sure there will be a few “high profile” busts of someone bringing in a box of .22WRF. We who live in other states and plan… Read more »
Here is a hint if you have the great displeasure of residing in the formerly great state of Kommieforniastan….DO NOT buy ammo just over the border, rumors are there are spotters at the large dealers such as Cabalas in Reno. Beyond that, screw’em.
Wasserman Schultz is an all in Communist whose home is Weston Florida, the city where a good guy with guns publicly shamed the gun grabbers in his town and was Swatted for it. I have no doubt that Wasserman Schultz played a part in the action by Broward Countys Sheriffs office. She has deep and wide influence in her community and is no angel either. She was in charge of the Pakistani brothers implicated in the theft and likely hacking of computers in the House of Representatives. (https://www.nationalreview.com/2017/07/debbie-wasserman-schultz-pakistani-computer-guys-bank-fraud/) Wasserman Schultz is a power hungry servant of Satan. She is pure… Read more »
Liberty or death we are being forced to face.
@jm, Give me the right one hundred men and a chemist, and I will give you a successful revolution in 48 hours. It will be so quiet that our salivating foreign enemies won’t even know that it is over.
I guess the next bonehead idea will be requiring bullets and cases to both have serial numbers engraved on them. Sheesh, what has happened to OUR Country?
@Mag, A quiet state legislative rebellion has happened to our country.
Mine already get marked. My rim-fired cases all get stamped with an “I” on the back of the case, and my center-fired cases all have a “.” in the middle of the primer, and all the fired bullets are bar-coded. If your ammo isn’t marked like that, please send it to me for inspection and proper marking.
My cases have the finger stamped on the primer. It’s really really small.
Debbie been laying low for a while. Let’s not for get she mixed up in the DNC pay to play with Hillary . She has also been implicated in other crimes. She got so flamboyant the DNC had to real her in. If not mistaken she was named in a homicide investigation..
Just another ridiculous attempt to undermine the rights of law abiding citizens. It’s past time for WE THE PEOPLE to wake up and end these unconstitutional actions.
I really hate to these outrageous attacks on our freedom by the willfully obsessed left. Their erroneous ideas on controlling violence by labeling all gun owners as criminals and pushing for all these hoops and hurdles in a full tilt quixotic dash to confiscation is disengenuos. What is next? Anyone with bad breath is now a terrorist?
Where do states, counties, and even cities get the idea that they can usurp the commerce power from Congress? Where do these obsessed individuals get the idea that they can create a society that fits their desires to replace the Republic.
Those ideas, just, can not be purged from their minds. We should have killed off their great-grandparent anarchists and communists when the job was smaller.
A politician with a law never stops a bad guy with a gun.
He only controls the good guys, which is his true agenda.
Our Founding Fathers would already have been finished shooting a.second time.
Freedom is never won, only lost, at the ballot box.
America has been over run. it is not a case of “enemy in the wire”. Today, and for several decades, the enemy has been sitting in the Command Post.
Locked, Loaded, Ready and Able in Fly Over Country. Just add leadership.
Go ahead and pass this bovine spittle and she’ll wonder why people will be buying mountains of ammo prior to it taking effect. I’m also sure reloading equipment and components will be on their list as well.
I thought this kinky haired snake, Wasserman-Schultz, dove into the hole with her Pakistani computer experts that hacked the DC computers then fled back to their homeland. The country would be better off without her lying, cheating on the house floor. Of course, she is just an average democrat, though.
Obviously more people are killed by drivers than by gun owners. THEREFORE: today I am taking a bold step in my campaign. It’s for the children. And the environment, which “experts” have told us will implode in six months without the immediate implementation of my plan. All drivers must undergo a background check to purchase gasoline. No gasoline will be sold for vehicles that get less than 30 m.p.g. If a neighbor calls the police (no verification needed of course) and complains about your driving the gasoline will be drained from your vehicles. Your PRIVILEGE to purchase gasoline is revoked… Read more »
I load my own ammo. Last purchase of ammo was for 200 rounds of .303 British Military Surplus. Now I have the Die Set for it and buy brass and bullets.
My policy, for decades, has been to purchase dies for any new centerfire caliber and save any brass I can in anticipation of something like ammunition background checks being adopted. I don’t always have time to reload, but if this ever comes to pass I will not buy loaded ammunition again.
we the people will NEVER HAVE PEACE UNTIL WE REMOVES BY FORCE OF ARMS ALL THOSE CRIMINAL TRAITORS.
AND VOTING NO LONGER WORKS AS WE WITNESS EVERY DAMN DAY.