Bottom Line: The Public Safety and Second Amendment Rights Protection Act would require states and the federal government to send all necessary records on criminals and the violently mentally ill to the National Instant Criminal Background Check System (NICS). The bill extends the existing background check system to gun shows and online sales.
Criminals records have been forwarded to the NICS system for decades. Nothing new there.
Mentally ill on the other hand, have been vastly protected by HIPAA laws (right to privacy)
The bill explicitly bans the federal government from creating a national firearms registry, and imposes serious criminal penalties (a felony with up to 15 years in prison) on any person who misuses or illegally retains firearms records.
Just like the Brady bill prohibited using 4473's, yet dealers are required to turn them into the ATF at the end of their business.
And are mailed to the Atlanta office, which is the National Licensing Center.
Why would a dealer be required by penalty of law to relinquish those records?
http://www.atf.gov/files/publications/d ... ter-14.pdf
TITLE ONE: GETTING ALL THE NAMES OF PROHIBITED PURCHASERS INTO THE BACKGROUND CHECK SYSTEM
Summary of Title I: This section improves background checks for firearms by strengthening the instant check system.
It does not strenthen the background check system, it adds requirements to use it.
- Encourage states to provide all their available records to NICS by restricting federal funds to states who do not comply.[/b]
extortion
- Allow dealers to voluntarily use the NICS database to run background checks on their prospective employees.
Any employee who uses NICS are already papered.
An FFL with employees must complete the FFL Officer/Employee Acknowledgment of Responsibilities signature page, OMB NO. 1110-0026. The signature page must be retained by the FFL.http://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/ffl-manual
- Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).
Again, http://www.hhs.gov/ocr/privacy/
- Provides a legal process for a veteran to contest his/her placement in NICS when there is no basis for barring the right to own a firearm.
TITLE TWO: REQUIRING BACKGROUND CHECKS FOR FIREARM SALES
Summary of Title II: This section of the bill requires background checks for sales at gun shows and online while securing certain aspects of 2nd Amendment rights for law abiding citizens.
There are already laws pertaining to this. An FFL can only sell their weapons at two places. Their place of business, or an accepted gun show (only within their state of business).
- Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.
There is no gun show loop hole.
The way they wrote the law back in '94, required all licensed dealers to perform a background check when they sold a weapon. And by law, they do that, each and every time, even at a gun show.
And since that's the way the law was written, there is no loop hole about it.
They're just mad that you and I are not required to do the same when we sell a firearm, although it has been unlawful to transfer a weapon to a felon since the brady bill.
Adding more laws are not going to make it any more illegal than it already is.
- Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term "transport" includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.
- Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.
- Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.
See above, FFL's can currently only sell in the state where their business is.
- Requires that if a background check at a gun show does not result in a definitive response from NICS within 48 hours, the sale may proceed. After four years, when the NICS improvements are completed, the background check would clear in 24 hours. Current law is three business days.
proceed two days after the gun show is over. Gee thanks a lot. And then a drive to where ever the dealers brick and mortar store if you're delayed.
- Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships.
nics checks are very fast. I have never received a busy signal, and have always been off of the phone with them within 2-3 minutes. This is addressing a problem that does not exist and is a smokescreen.
- Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.
Already in effect provided that the state complies with certain criteria when issuing a CCW license. Another smokescreen to make it sound like they're doing gun owners a favor.
- Permits interstate handgun sales from dealers.
- Allows active military to buy firearms in their home states.
- Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks
If some sales and transfers are exempt, what does this whole bill accomplish?
TITLE THREE: NATIONAL COMMISSION ON MASS VIOLENCE
Summary of Title III: : This section of the bill creates a commission to study the causes of mass violence in the United States, looking at all aspects of the problem, including guns, school safety, mental health, and violent media or video games.
The Commission would consist of six experts appointed by the Senate Majority Leader and six experts appointed by the Speaker of the House. They would be required to submit an interim report in three months and a completed report in six months.
WHAT THE BILL WILL NOT DO
The bill will not take away anyone's guns.
bovine excrement
The bill will not ban any type of firearm.
Then why are there so many amendments to the contrary?
The bill will not ban or restrict the use of any kind of bullet or any size clip or magazine.
Again, why are there so many amendments added to do just exactly that?
The bill will not create a national registry; in fact, it specifically makes it illegal to establish any such registry.
why are 4473's required to be relinquished to the ATF at the close of a business, and open to inspection at any time during normal business hours, and FFL's required to answer a trace within 24 hours of receiving a notice?
The bill will not, in any way at all, infringe upon the Constitutional rights of law-abiding citizens.
Gimme a break.
http://www.toomey.senate.gov/?p=press_release&id=965
