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H.R. 5717 – Gun Violence Prevention and Community Safety Act of 2020

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H.R. 5717 – Gun Violence Prevention and Community Safety Act of 2020

Never let a crisis go to waste, right?

March 23, 2020

A BILL

To end the epidemic of gun violence and build safer communities by strengthening Federal firearms laws and supporting gun violence research, intervention, and prevention initiatives.

Ha! Okay, let’s gloss over the ban, register, and “buyback” (what they didn’t own it in the first place) of vast quantities of common firearms and accessories that still account for the smallest segments of firearms related violent criminal acts. I’m getting tired of reading the most egregious firearms bills ever because someone somewhere on Capitol Hill takes that as a challenge, by God.

In this case it was Rep. Hank Johnson of Georgia and his friends.

Mr. Johnson of Georgia (for himself, Mr. Kennedy, Mr. Quigley, Mr. Brown of Maryland, Mr. Morelle, Ms. DeLauro, Mrs. Carolyn B. Maloney of New York, Mr. Keating, Mr. Lynch, Mr. Moulton, Ms. Pressley, Mrs. Trahan, Mr. McGovern, Mr. Danny K. Davis of Illinois, Mr. Neal, Ms. Clark of Massachusetts, and Mr. Pascrell) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and 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

Oh and it starts off strong in the gun controller wishlist.

Firearm Licensing

Nothing engenders more trust and respect in the governments faithful protection of your civil rights than getting a card to exercise them, am I right? I am tired of the ‘we license drivers’ argument… so tired. It isn’t the same

“§ 932. License to own firearms and ammunition

“(a) In General.—Except otherwise provided in this section, it shall be unlawful for any individual who is not licensed under this section to knowingly purchase, acquire, or possess a firearm or ammunition.

“(b) Eligibility.—An individual shall be eligible to receive a license under this section if the individual—

“(1) has attained 21 years of age; and

“(2) has completed training in firearms safety, including—

“(A) a written test, to demonstrate knowledge of applicable firearms laws;

“(B) hands-on testing, including firing testing, to demonstrate safe use of a firearm;

“(C) as part of the process for applying for such a license—

“(i) has submitted to a background investigation and criminal history check of the individual, including a background check using the National Instant Criminal Background Check System, to ensure the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922; and

“(ii) has submitted a photograph of the individual;

“(D) has not been determined by a court, in accordance with subsection (c)(5), to be unsuitable to be issued a Federal firearm owner’s license; and

“(E) is not otherwise prohibited by Federal, State, Tribal, or local law from possessing a firearm.

This is a literacy poll test ladies and gentlemen, make no mistake. It is a bid to actively deny your right with the thin veil of being certain you are responsible enough to exercise that right. And, as a license, of course it will cost money. A right tax, a mandate to do these things to prove yourself worthy and paying for the privilege.

It would be more reasonable to tax if the government provided, like roads. If with your license you also received a steeply discounted P320 and an M4, access to quality and reasonably abundant training facilities and instruction, and an annual ammunition allotment for common calibers with a discount on acquisition of more ammo, there would indeed be value in a license.

But I know for a fact that at the end of my licensing I’m not going to be taken into a John Wick style fitting room where I am greeted with a selection of fine wears and an instructor ready to further my discipline all on tax payer (even partially) expense. None of that will be true, not remotely. No money collected from the licensing will be spent on making education and selection more accessible or maintaining the orderly discipline of arms. It will be used, at the lowest possible percentage of total, in some vague “gun violence prevention” program which will amount to police doing their jobs like normal.

“(c) Establishment Of Federal Firearm Owner’s License.—

“(1) IN GENERAL.—The Attorney General shall issue a Federal firearm owner’s license to any individual who is eligible under subsection (b).

“(2) ISSUANCE OF LICENSE OR NOTICE OF DENIAL.—Not later than 40 days after the date on which an individual submits an application for a Federal firearm owner’s license under this section, the Attorney General shall—

“(A) determine whether the individual is eligible to possess a license under this section; and

“(B) based on the determination under subparagraph (A)—

“(i) issue a Federal firearm owner’s license to the individual; or

“(ii) provide written notice to the individual of—

“(I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or

“(II) a petition filed under paragraph (5).

They can hold you up for 40 days. More than a month before the government is required, by themselves, to issue a determination. And unlike Brady you do not automatically get a license after the waiting period and there is no written penalty against the government in failing to discharge the licensing duties.

If you’re denied you must appeal, like with NICS, and that is a slow and arduous process that will only be slowed further with this. LEO’s are, of course, exempt. They mandate a yearly background check on licensees and that manufacturers start inscribing the date of manufacture on firearms, despite meticulous records already being in place for manufacture and transfer.

10 gun per year sale limit is now to be enforced, you need a license to buy or rent any firearm. The government telling you with arbitrary numbers what you do and don’t need. If I needed or wanted to sell off a portion of my collection it would require me to have an FFL at beyond 10/year. To say nothing of if I needed to move to somewhere I couldn’t bring them, even temporarily. It sounds like transferring them to anyone would require both parties to have a license, even if just for storage or safekeeping.

Red Flags – Oh Yes, they’re back

“(L) the State shall establish processes under which—

“(i) an individual whose covered license is revoked or suspended, or whose application for issuance or renewal of a covered license is denied, shall surrender or transfer all firearms and ammunition that are or would have been covered by the license; and

“(ii) an individual who is subject to an extreme risk protection order or a domestic protection order, as defined in section 2266 of title 18, United States Code, shall surrender or transfer all firearms and ammunition in the possession of the individual;

“Are or would have been covered..” is a concerning phrase, despite earlier language that older arms have a ‘grandfathering’ provision if your license gets denied for any reason all your firearms sound like they are immediately forfeit.

New, longer, and mandatory waiting period

SEC. 202. COMPLETION OF BACKGROUND CHECKS; 7-DAY WAITING PERIOD.

Section 922(s)(1)(C) of title 18, United States Code, as amended by section 201 of this Act, is amended—

(1) in clause (i), by striking “; or” and inserting “; and”; and

(2) in clause (ii)—

(A) by striking “3 business” and inserting “not less than 7 business”; and

Normally after a NICS check is initiated the government has to complete this “instant” check within three business days if it requires review. This puts reasonable pressure on NICS to do their job and not delay a person from purchasing a firearm without merit. Under the new law it looks like this would be changed to no transfer can occur before the passage of 7 days and that an incomplete check from NICS is just a permanent denial of the purchase by placing it in limbo.

ASSAULT WEAPON AND SILENCER BAN

To legislate something you must define it… so

“(37) The term ‘semiautomatic assault weapon’ means any of the following, regardless of country of manufacture or caliber of ammunition accepted:

“(A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following:

“(i) A pistol grip.

“(ii) A forward grip.

“(iii) A folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon.

“(iv) A grenade launcher.

“(v) A barrel shroud.

“(vi) A threaded barrel.

“(B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

“(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun.

“(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any 1 of the following:

“(i) A threaded barrel.

“(ii) A second pistol grip.

“(iii) A barrel shroud.

“(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip.

“(v) A semiautomatic version of an automatic firearm.

“(vi) A manufactured weight of 50 ounces or more when unloaded.

“(vii) A stabilizing brace or similar component.

“(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

“(F) A semiautomatic shotgun that has any 1 of the following:

“(i) A folding, telescoping, or detachable stock.

“(ii) A pistol grip.

“(iii) A fixed magazine with the capacity to accept more than 5 rounds.

“(iv) The ability to accept a detachable magazine.

“(v) A forward grip.

“(vi) A grenade launcher.

“(G) Any shotgun with a revolving cylinder.

“(H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:

I’ll save you the trouble of reading through it all. It is everything. Every semi-automatic with a box magazine is a “semi-automatic assault weapon” and banned. Because ultimately, as I emphasized above, everything “has the capacity to accept” those listed items. It’s literally a matter of installing it on most firearms made in the last 50 years.

Also they basically defined barrel shroud as “handguard” so we know we’re working with ‘top men’ on getting this whole definition thing right on point.

“(v)(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon.

Basically, everything. Every semi-auto that isn’t internal magazine fed and 10 rounds or less, the M1 Garand and SKS. Maybe even them because “capacity to accept” is a broad term and could basically mean ‘can be installed’.

They did put a ‘grandfather clause’ in, they had to. But is only for possession, not transfer. So it looks like we keep them, we die, and that’s it.

Funny enough under the “exempt” section they have an AK, Century M70 Sporter, listed as Bolt Action. Further proof that only the very best experts looked at this pile of garbage and gave it their blessing. Subject matter guru’s one and all.

They then go after home built “Ghost Guns” and make sure those are illegal too. You cannot serialize your own guns without an FFL for manufacture.

“It’s all * folks. It’s all * and it’s bad for ya.” – The Late George Carlin.

So, readers. Let’s get onto the house and remind them they have other priorities and that this won’t stand. Any of the links will take you to various sections of the bill, it is a nightmare.

https://gatdaily.com/h-r-5717-gun-violence-prevention-and-community-safety-act-of-2020/

Will you contact your congressional member supporting this bill?

"This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or exercise their revolutionary right to overthrow it." Abraham Lincoln
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