Sunday, March 8, 2009

Message To Congress - HR 45

When your finished with this see Message To Congress Part II

I have reviewed HR 45 and find it's dictatorial directives alarming to say the least. Any, that's ANY Congressman that places his or her approval either with a voice vote (aye) and/or their signature is setting the stage for an all out Civil War. The very idea that it is drafted for consideration has started the blood simmering in every red-blooded American.
Let HR 45 go to commitee and you will see blood boil.
It has been said by some Congressman (I believe that it was Charles Rangel on another subject) that, "...the middle class won't fight back." You can be rest assured that if HR 45 comes to a vote and is passed...as Admiral Isoroku Yamamoto said, "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve." And that sleeping giant will be non-other than your fellow Americans...and they will fight back! ...with a terrible resolve!
Amendment II of the United States Constitution clearly states, "...the right of the people to keep and bear arms, shall not be infringed." Tell me Congressmen, "What part of shall not be infringed do you not understand!
In the following section...SEC. 101. LICENSING REQUIREMENT, is nothing but the definition of infringe!


Infringe In*fringe"\, v. i. 1. To break, violate, or transgress some contract, rule, or law; to injure; to offend.
2. To encroach; to trespass; -- followed by on or upon; as, to infringe upon the rights of another.
The Congressman who introduced HR 45 has already broken his oath to uphold the Constitution...he has injured, offended, and trespassed on the rights of the people and should be removed from office immediately!

Here is that list of infringements for all to see:

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.'
      In a word...

      Tyranny !

      tyr⋅an⋅ny  –noun, plural -nies.
      1. arbitrary or unrestrained exercise of power; despotic abuse of authority.
      2. the government or rule of a tyrant or absolute ruler.
      3. a state ruled by a tyrant or absolute ruler.
      4. oppressive or unjustly severe government on the part of any ruler.
      5. undue severity or harshness.
      6. a tyrannical act or proceeding.

      Wake Up Congress!

      Next: Message to Congress Part II

    2 comments:

    Rightwing Cowboy said...

    Ya know, Pard, I hope there's somebody in our illustrious "Justice Department" checkin' out yer webpages. I wan'um to check this out.

    Mr. Justice DEE-Part-mint, come take mine an' ya better come with more than a few kelvar vest and ceramic plates. I'll be waitin' fer yer mangy butts an' loaded to the gills.

    These are nothin' but(t) a bunch of unholy, godless socialists who wanna do to us what was done to the Cambodians, Ukranians, the Jews an' the once free Chinamen. They want full an' total control of our lives an' the only way to do that is to illiminate the right to bear arms an' stifling our freedoms of speech.

    Every time a politician from DC visits a town he/she should be greeted with a full press protest an' told to take his mangy carcus back to Sodom on the Potomac. We need to start lookin' for God-fearin' men an' women to represent us from the city council to the halls of Washington.

    I'm tired of hearin' how we have to nogotiate with these damn liberals. We don't have to do a damn thing but insure the Constitution is upheld and the laws are enforced equally. The keywords are "enforced" and "equally". That includes all the laws.

    Do you realize just how many of these idiots the Kenyan illegal alien has sent to congress to be approved who have deliberately failed to pay their taxes? Where would you or I be if we followed their lead?

    We are being sold down the proverbial creek by people we were suppose to trust. It's time for all of them to be replaced.

    As for my guns, they're all loaded up an' hot. Come callin' Mr. Polly-ti-shun.

    Dean said...

    Well stated Right Wing Cowboy.

    With the implementation of this bill the scum-licking politicians in DC will turn honest law abiding citizens into criminals if they don't comply.

    Notice to the no-load dip-dunks in DC.
    You cannot have my guns. I am a free man and a law abiding citizen.
    The 2nd Amendment protects my right to keep and bear arms.
    No law passed by you can nullify, rescind, or otherwise undermine it.

    The rights we have are God given and none of you politicians has a right to remove them.

    When you come for my guns come prepared. My doors will be unlocked and you better send people who have no qualms about murdering law abiding citizens.
    Better yet why don't you come yourself.
    Do you have the guts? Or will you do this by proxy hiding behind your doors you cowards.

    I have a right to defend myself and my property. As a free man I choose to die on my feet rather than live on my knees under your tyranny.

    You want 'em come get some.