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Full Text of 'The Public Safety And Second Amendment Rights Protec


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#1 RED333

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Posted 12 April 2013 - 05:22 AM

The full text can be found at the following link::

 

http://www.weeklysta...act_716249.html

 

Here's what seems to be most pertinent part regarding firearm sales/transfers:

 

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"(t)(1) Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs-
"(A) at a gun show or event, on the cartilage thereof; or
"( B ) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.
"(2) Paragraph (1) shall not apply if-
"(A) the transfer is made after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s), and upon taking possession of the firearm, the licensee-
"(i) complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's business inventory to the unlicensed transferee, except that when processing a transfer under this chapter the licensee may accept in lieu of conducting a background check a valid permit issued within the previous 5 years by a State, or a political subdivision of a State, that allows the transferee to possess, acquire, or carry a firearm, if the law of the State, or political subdivision of a State, that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law;
"( B ) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if-
"(i) the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section; and
"(ii) the transfer was conducted in compliance with the laws of the State;
"( C ) the transfer is made between spouses, between parents or spouses of parents and their children or spouses of their children, between siblings or spouses of siblings, or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren, or between aunts or uncles or their spouses and their nieces or nephews or their spouses, or between first cousins, if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law;"

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Note my bolded text.

 

It's hard to believe, but if this stands, there's still no ban on private sales in general, unless:

 

- they happen at a gun show (looks like you must simply leave the "cartilage thereof" and it's legal)
 

- happen as result of on-line/print ads (like that'll be easy to enforce/prove).

 

And as expected, "family" is defined exactly.

 

Although that clause " if (i) the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section" might need some real scrutiny?

 

 

SEC. 103. RULE OF CONSTRUCTION.
Nothing in this title, or any amendment made by this title, shall be construed to-
(1) expand in any way the enforcement authority or jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or
(2) allow the establishment, directly or indirectly, of a Federal firearms registry.

 

Found this, hope it holds up.

 

And this

 

( cool.png Prohibiting the Seizure of Records or Documents.-Section 923(g)(1)(D) is amended by striking, "The inspection and examination authorized by this paragraph shall not be construed as authorizing the Attorney General to seize any records or other documents other than those records or documents constituting material evidence of a violation of law," and inserting the following: "The Attorney General shall be prohibited from seizing any records or other documents in the course of an inspection or examination authorized by this paragraph other than those records or documents constituting material evidence of a violation of law.".
© Prohibition of National Gun Registry.-Section 923 of title 18, United States Code, is amended by adding at the end the following:
"(m) The Attorney General may not consolidate or centralize the records of the-
"(1) acquisition or disposition of firearms, or any portion thereof, maintained by-
"(A) a person with a valid, current license under this chapter;
"( cool.png an unlicensed transferor under section 922(t); or
"(2) possession or ownership of a firearm, maintained by any medical or health insurance entity.".

 

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#2 Spacehog

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Posted 12 April 2013 - 07:27 AM

Interesting enough, this law would have exempted the transfer of weapons between Adam Lanza and his mother in Newtown. How is this suppose to guarantee that guns do not end up in the hands of felons or the mentally ill? Bottom line is isn't. It is just the first step to registration and confiscation. Fortunately this doesn't have a snowballs chance in the House.

#3 csspecs

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Posted 12 April 2013 - 09:29 AM

I was really hoping for a reform that would help modern day transfers to take place. We fully have the capacity to make mail order rifles equally or more effective as face to face dealer transfers.

 

But this seems somewhat annoying to the propose of guns shows. Which is to allow the sale of firearms between owners and allow dealers a place to show their wares.



#4 SouthernOne

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Posted 12 April 2013 - 09:48 AM

SEC. 128. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.
(a) In General.-Section 926A of title 18, United States Code, is amended to read as follows:
"926A. Interstate transportation of firearms or ammunition.

 

This whole bill needs to go down in flames.


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#5 csspecs

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Posted 12 April 2013 - 10:03 AM

Just a thought.. Won't prohibiting listing a firearm online for local sale be a restriction of free speech?

 

They are not making private sales illegal, but they are making it illegal to arrange the sale using the internet or print.



#6 Spacehog

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Posted 12 April 2013 - 10:40 AM

What is to stop folks from meeting at a gun show with guns to sell. Leave the gun show and go three blocks from the event and do a face to face private sale. The first would legally require a FFL transfer, the second would not. I keep hearing the buzz words: "this is a common sense approach". Seems to me that very little of it was used when writing.
  • G O B and poolingmyignorance like this

#7 garnaz

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Posted 04 January 2014 - 07:43 PM

If I'm reading this correct this is the individual to ffl shipping being eliminated?

Went to two ffls today and both say that they can no longer accept from individuals. And must come from an ffl or they'll reject.

Can a builder/vendor verify.



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#8 Shandlanos

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Posted 05 January 2014 - 08:40 AM

Just a thought.. Won't prohibiting listing a firearm online for local sale be a restriction of free speech?

 

They are not making private sales illegal, but they are making it illegal to arrange the sale using the internet or print.

Looks like that would be a pretty blatant violation of the 1st.
 

If I'm reading this correct this is the individual to ffl shipping being eliminated?

Went to two ffls today and both say that they can no longer accept from individuals. And must come from an ffl or they'll reject.

Can a builder/vendor verify.

This law never passed. Some FFLs do that, largely to cover their asses. They don't want to receive stolen weapons and the like.


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