HB 8 - Universal Background Check bill passes US House

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Odessaman
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HB 8 - Universal Background Check bill passes US House

Post by Odessaman » Thu Feb 28, 2019 1:15 pm

There was a thread on this earlier, and I spent a good amount of time posting a response with information about this bill, but the entire thread is now apparently deleted. :x

So, I'll try to reconstruct my earlier post.

H.B. 8 is titled the "Bipartisan Background Checks Act of 2019" and passed the House Tuesday by a vote of 240 to 190. The vote was nearly along party lines, with the notable exception of 2 Democrats voting against it and 8 Republicans voting in support of it.

Here's a link to the text of the Bill: https://www.govinfo.gov/content/pkg/BIL ... 6hr8ih.xml

Everyone should read it (it's not that long) and familiarize themselves with it, so they can speak intelligently via email or phone call to the offices of Senators Rubio and Scott, and Mitch McConnell.

Here is my own Cliff Notes version of the Bill:

Purpose of the Bill - to require all "transfers" of firearms (with certain specific exceptions) to non-licensees go through a licensed importer, manufacturer or dealer, who has to "take possession" of the firearm & conduct a background check before releasing the firearm to the non-licensee.

NOTE (MY OPINION HERE): THIS WILL HAVE ZERO IMPACT ON CRIMINALS, WHO WILL CONTINUE TO OBTAIN FIREARMS THROUGH ILLEGAL MEANS AND IS MERELY AN ADDITIONAL BURDEN AND COST IMPOSED ON THE EXCHANGE OF PERSONAL PROPERTY AMONG LAW ABIDING CITIZENS WHO WISH TO EXERCISE THEIR SECOND AMENDMENT RIGHTS.

Exceptions to the background check requirement:

The provisions of the Bill do NOT apply to:
1. LEO, licensed security professionals or members of the military while engaged in their official duties.
2. A transfer that is a loan or actual gift between: Spouses; domestic partners; parents and their children; siblings; aunts/uncles and their nieces/nephews; grandparents and their grandchildren.
3. 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; (emphasis mine - more on this later.)
4. A temporary loan of a firearm that is necessary to protect against imminent death or great bodily harm, but only for the duration of the imminent threat.
5. NFA transfers (although you still have to apply for the appropriate stamp).
6. A temporary loan of a firearm for target shooting, hunting, trapping or fishing while in the presence of the owner of the firearm.

Miscellaneous Provisions -
No regulation adopted for implementing this Act may require a non-licensee to maintain a record of the transfer or background check (and why would it - the FFL will have a 4473 on file.)
No regulation adopted for implementing the Act may require an FFL to facilitate the transfer.
No regulation adopted for implementing the Act may place a cap on what FFL's can charge to facilitate the transfer, if they choose to. (So, if an FFL wants to charge $100 for performing the background check, they can.)
The Act is not to be interpreted as authorizing a national firearms registration database (but at the same time, it doesn't prohibit one.)
The Act does not prevent states from enacting their own, more restrictive laws pertaining to transfers (the federal law is not preemptive.)

Effective date -
The Act takes effect 180 days (6 months) after enactment (passage of the Senate and signed by the President.)

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45caldan
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Location: Lakeland

Post by 45caldan » Thu Feb 28, 2019 3:49 pm

I was the one that posted this early this morning.
The Mods MAY have deleted it (I did not) because I posted in General Discussions....
Sorry all.

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