H.R.8 - Bipartisan Background Checks Act of 2019

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H. R. 8
AN ACT

To require a background check for every firearm sale.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Bipartisan Background Checks Act of 2019”.

SEC. 2. Purpose.

The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms.

SEC. 3. Firearms transfers.

Section 922 of title 18, United States Code, is amended—

(1) by striking subsection (s);

(2) by redesignating subsection (t) as subsection (s); and

(3) by inserting after subsection (s), as redesignated, the following:

“(t) (1) (A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s).

“(B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.

“(C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.

“(2) Paragraph (1) shall not apply to—

“(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;

“(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law;

“(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;

“(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse;

“(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

“(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively—

“(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting;

“(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor—

“(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and

“(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or

“(iii) while in the presence of the transferor.

“(3) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.

“(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1).

“(C) Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers.

“(D) Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (1).

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“(E) Regulations promulgated under this paragraph shall include, in the case of a background check conducted by the national instant criminal background check system in response to a contact from a licensed importer, licensed manufacturer, or licensed dealer, which background check indicates that the receipt of a firearm by a person would violate subsection (g)(5), a requirement that the system notify U.S. Immigration and Customs Enforcement.

“(4) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.”.

SEC. 4. Technical and conforming amendments.

(a) Section 922.—Section 922(y)(2) of title 18, United States Code, is amended in the matter preceding subparagraph (A) by striking “, (g)(5)(B), and (s)(3)(B)(v)(II)” and inserting “and (g)(5)(B)”.

(b) Consolidated and Further Continuing Appropriations Act, 2012.—Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by striking “subsection 922(t)” each place it appears and inserting “subsection (s) or (t) of section 922”.

SEC. 5. Rule of construction.

Nothing in this Act, or any amendment made by this Act, shall be construed to—

(1) authorize the establishment, directly or indirectly, of a national firearms registry; or

(2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act.

SEC. 6. Effective date.

The amendments made by this Act shall take effect 210 days after the date of the enactment of this Act.

Passed the House of Representatives February 27, 2019.

Attest:

Yeas Nays PRES NV
Democratic 232 2 1
Republican 8 188 1
Independent
TOTALS 240 190 2

Link - congress.gov/bill/116th-congress/house-bill/8

It's always bad.
And it wont get vetoed.

this is going to pass i fear.

Figures the only time they actually do something right is when their vote doesn't matter

That's how the game's played user. Gotta lose with dignity you know.

Now you get it. No federal gun control under a Democrat president, they wait till "our guy" is in office so it will cause less ruckus. Trump waited until the Democrats took over the House to "build the wall", why did he wait until the situation was already impossible? Its a charade. Elections don't matter, nothing matters. They already have the course plotted, they also prefer to do things when the opposite side is in power. Expect ALL gun control to pass under Trump on the hope that "our guy" is our leader and we must follow him and we'll just take this small loss and carry on.

Besides, what are you going to do? Vote Democrat next time to punish someone?

Look at California's "Universal Background Check" (ban of private transactions) law. It does jack shit, it's impossible to enforce, and the only time anyone ever gets tried for it is when they're already pinned down on an actual crime and the prosecutor wants to throw the book at them hoping to force a plea deal.

Look at Indiana and Tennessee. They both, at one point, had laws banning the private transfer of handguns. It did jack shit, it was impossible to enforce, and nobody ever got charged with it. When it was repealed in both states for the above reason absolutely nothing changed.

Fuck, look at the NICS. It does jack shit because criminals don't buy guns from FFLs, and nobody ever gets charged with it. But politics is no place for logic or reason.

This is an overreach of the commerce clause. There is no way they can enforce this for private/intrastate sales.

Unless the ATF wants them to, in which case background checks are still useless.

Quite fitting for something the conservatives will cuck out on

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Zognald Trump pledges to veto it, at least, and it probably won't pass the Senate.
archive.is/3tRoY

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And the NRA only issues any sort of notification after the vote. Typical and expected.

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the point is not really to enforce it, just to create a massive chilling effect that kills gun sales/trade forums and armslist and the like.
it will be enforced here and there against political enemies.

As points out, enforcement isn't the chief goal of this bill. It serves to provides the Legal Left with a club they can pull out to swing when stacking charges and make an example of people. It also serves to force a portion of the gun community into an underground, which provides the Left with two things; 1.) more political ammunition in arguing the "gun nuts" are doing seedy and illicit acts which destroys the whole "le law abiding citizen schtick" and 2.) gives further precedence to enact a ban, either piecemeal against specific arms over time or a blanket ban…something again they don't have to enforce actively, just wait it out passively; first offering a turn in period of 12 months and then once the turn in period has expired simply just wait as those that turned in their guns turn on those who are defying the law, because those people that "obey the law" are eaten-up with some pathetic sense of authoritative appeasement, waiting for their treats for being a piece of shit that turned on their fellow American for a fucking pat on the head from Big Brother.

Just more tyrants trying to take away our rights

this seems a little unenforceable because the burden of proof is on the government to confirm the transaction took place AFTER the bill was passed since it is not retro-active. there are existing laws and procedures for interstate sales

...

Didn't war on drugs teach your anything?
ASSETS FORFEITURE.

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Fat fucking chance he will, anyone with any faith left in him is a delusional retard that deserves boots that are going to be shoved up their asses

There are several localities who adopted a "sanctuary city" approach where they just said they would stop enforcing gun laws.

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Bump, I hate to squawk about sliding, but this thread is the only one that hasn't been hit by the spammer.
Suspicious

Seems someone's asking to get Waco'd…

Excellent taste in onahole lube.

I don't see a bag of corn starch/baby powder so he'll probably ruin his holes too quickly to use the whole bottle.

What's that for?

Powdering keeps the silicon fresh basically.

Bump, the spammers are trying to bury threads like this

This means that we will be screwed from both ends like a chinese finger trap. So, basically just like everything else that they do.

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It keeps it supple and flesh-like, keeps it from becoming rubbery to the point where even with lube your dick doesn't feel good any more since even the best onaholes will become loose or latex-like without applying starch after every use. More importantly you should ALWAYS corn starch/baby powder any silicone sex toy to keep it preserved during storage and keep it tight but soft for its next use. If it doesn't have silver ion processing (most onaholes don't because it adds $10 or more to the price tag), this is also necessary for anti-bacterial purposes to keep it from smelling like shit after cleaning/drying it.

You should always use lube with your masturbation products. Autism failed to word that properly and I meant something else.

Pathetic

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HAPAS ARE SUPERIOR TO WHITES