Episode 60 - More Gun Control Bills Are Filed

In this episode we discuss the new gun control bills, HR 8, HR 1446 and HR1454

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Transcript

0:16

Well, welcome to the live shoot podcast. Mine is Jeff Dowdell and I'm a licensed firearm dealer for the last 13 years. I'm passionate about our second amendment rights. And in this podcast, we talk about all things related to the second amendment, as well as I'm not throwing a sports story or something that's going on in our current environment. Today is Friday, March 5th, 2021. And. I'm never amazed. I've been doing this for over a year now and whenever I don't think I'm know what I'm going to talk about one week. Pop something else. And so this week they dropped on us. Our Congress dropped some Maura lovely gun control bills in our laps. And so I thought we would talk about some of those, because these are moving pretty quickly. And I want to get this out there so you can start contacting your Congressman. And hopefully, you know, Maybe even your senators. Because these do look like they're moving fast. It looks like, you know, Pelosi has been implementing a. Process now where these bills aren't even going into committee. And so some of them are going right to the floor for a vote. So things are going pretty quickly. And we need to jump on these. As fast as we can. So the first one. I want to talk about is HR eight. And this one's called the bipartisan background checks act of 2021. And there is calling it bi-partisan because three Republicans signed on and they are Fred Upton of Michigan, Brian Fitzpatrick of Pennsylvania and Christopher Smith of New Jersey. So if these are your representatives, By all means. Knock on their doors call. Email them. Walk into their offices and tell them your displeasure for their signing onto these bills. And anybody else feel free to call their offices. Be polite. But let them know your displeasure for them to to be participating in these bills. And so this bill is again, enhances the the Background check process. And basically it's an attempt to Eliminate a lot of private sales, but. Between individuals. So, but again, in typical fashion ale, it is very mucky. Okay. So it States, um, it shall be unlawful for any person who is not a licensed importer life with manufacturer or licensed dealer to transfer a firearm into any other person who is not so licensed unless a licensed importer licensed manufacturer or licensed dealer has first taken possession. The farm for the purpose of complying with subsection T. Um, they did have some exceptions. Uh, 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 other duties. Other exceptions are I transfer that as a loan or bonafide gift between spouses, between domestic partners, between parents and their children, including step parents and their stepchildren between siblings, between aunts and uncles and their nieces or nephews, or between grandparents and their grandchildren at the transfer has no reason to believe that the transferees will use or tend to use the firearm in a crime or, I heard a bit from possessing a firearm. So I could transfer this to my brother to my wife. I could even transfer it to my aunt. But I can't transfer it to my cousin. So I could transfer it to my aunt. My aunt could then transfer it to her child, which is my cousin. And everything would be legal. And again, one of the other commonalities between all these laws is enforcement. And we'll talk about that later. Another exception is 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. A temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self family, household members, or either if the possession by the transferee lasts only as long as immediately. Necessary to prevent imminent death or great bodily harm, including the harm of domestic violence. Dating partner violence, sexual assault, stalking, and domestic abuse. Again, there's a lot of words in there that are vague temporary. What does it prevent imminent death. So again, how are we going to enforce this? Then another one is a transfer that is approved by the attorney general. A temporary transfer transfer has no reason to believe that the transferee will use or in Tennessee is a farm and a crime are prohibited from possessing farms under state or federal law. For example, at a shooting range or in a shooting gallery. While reasonably necessary for purposes of hunting, trapping, or fishing. Has no reason to believe that these intends to you, you know, then you also have to have no reason to believe that the transferee intends to use the farm in a place where it is legal, as reason to believe that the transferee will comply with all licensing and permitting, et cetera, et cetera, et cetera. So. Again, there's a lot of vagary in this and again, there's this, there is absolutely no. Way that this can potentially be enforced. So how will somebody how will anybody ever really be held liable for this is still to be unknown, but again, they're, they're trying to crack down on these What they consider illegal transfers because they're not going through a background check. HR 1446, another one where we're. Pertaining to background checks and this one's a little bit more prohibitive. And it is called. It's an enhanced background check of 2021. And this is strengthening the background check procedures to be followed before a federal firearms licensee may transfer a firearm to a person who is not such a licensee. So. We've eliminated. We're going to eliminate a private sale. Private transactions between individuals face to face transfers. And now we enforce those to go through all, all through the background check, which is the systems already overloaded. And what's going to happen now is currently, if I submit a background check to somebody and it's delayed, meaning they don't give me an instant approval. If I don't get a response back to them within three business days. I can release that firearm. To, to the transfer. After those three days, without the response from the NICs system. Now, what they're saying is that instead of three days I have to wait at least 10 days. And if I don't have a response within 10 days, then they have to file some way and they don't have this really defined to they're gonna be online or something that the attorney generals all generate some form of petition to then expedite. The review. And now I have to wait another 10 days. And if I don't have it back within those 10 days, then after 30 days, It can be released. And so now we've gone from three days all the way out to 30 days. These people will have to hold their firearms. Pending a nix return. It doesn't literally say what happens, you know? After 30 days, if, if it does come back with something like a decline or anything and. Also I know for my, my, you know, and this is another thing, you know, why are we going through all these efforts? Because again, we're, we're, all of this is designed to limit the constitutional rights. Of legal gun holders criminals. Aren't going to go through this process. I know from my experience of being a dealer. I will have delays very few ever make it out to the three-day point where no response has given definitely comes back within a day or two But now so we're going re implementing all these Procedures to do what I'm asking. Really what is this what is going to be the ultimate purpose of all of this what is the ultimate purpose of preventing private sale transactions because we still know the the the criminals aren't going to go through this process Bad guy won isn't going to say hey bad guy too. I can't transfer you this gun because you're not my You know, not my immediate family members And i don't have any other believe that you're going to be Potentially harming yourself and i can't do it temporarily for hunting cause you're going to go do this so let's let's go to a dealer and get this done through a background check process we know that's not gonna happen So again this is A waste of paper a waste of time and we're going to implement things that we can't even enforce the last one that's on here which is even more interesting and there's no text to this bill It's hr 1454. And it's to amend the unit all that right now is kind of just A brief summary of it and it's two men title eighteen united states code to require firearm assembly kids to be considered to be firearms so again no text on this yet but this is going after what they consider to be ghost guns