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House Passes Gun-Control Bill Expanding Background Checks on Firearm Sales

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  • Frank59

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    @Renegade
    With the assumption that both bills clear the Senate, what are your thoughts on court challenges and do they have any chance at all in overturning any parts of the bills as they stand right now. I'm guessing some of the language may change before a final vote is cast.
     
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    Dougw1515

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    Seems, in this thread, there was/is some confusion as to Senate votes required to pass the bill. According to Politico the vote count required is 60. Beyond that, as noted in post #81, rest assured there will be court challenges to the bill as written.

     

    avvidclif

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    Seems, in this thread, there was/is some confusion as to Senate votes required to pass the bill. According to Politico the vote count required is 60. Beyond that, as noted in post #81, rest assured there will be court challenges to the bill as written.


    Fail civics??? Majority rules, 51. Unless a filibuster is used, then it takes 60 votes to break a filibuster so that the majority rule can apply.
     

    Dougw1515

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    This site is simply amazing! Is it in the forum rules somewhere that before you can add content to a reply you must first insult or otherwise degrade the person you're responding to? Guess some feel threatened - I dunno. The point was this bill is not going to hit the Senate floor get 50+1 votes and sail merrily to Residents Biden's desk for his signature!!!

    Don't ever recall taking a civics class and therein lies the problem. Thanks for asking!
     

    bbbass

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    Regarding compliance on a national level... we have some experience with UBC here in both Oregon and Washington states. After they passed those laws there was a period of non-compliance, followed by what I can only assume is a very high level of compliance.

    The reason I think that, is because we don't see any news articles about people being busted for outlaw sales. Either it's not happening very much, or there is no effort to enforce those laws. Heck, a pastor over on the left side of the state illegally gave away (transferred) an AR that he had won, and tho it was heavily publicized, he was never prosecuted. But you can bet your sweet bippy that if he was some redneck, he'd have been on the hot seat.

    Also, the gun boards are extremely careful/hostile to anybody mentioning a clandestine sale. Because there is a lot to lose, and you just don't know who is who.

    In Idaho, most classified ads state that the will only sell to a concealed carry license holder... more protection for the seller. They don't currently have a Universal Background Check law.

    Many people that I talk to on the Western states gun boards have stopped selling guns privately. It's just too much hassle to have to meet up with the buyer at an FFL to do the BGC (seller is required to show up and both must give copy of ID) and fill out paperwork. Especially in rural areas where travel distances are long. Not all sellers. But most of the casual sales. I no longer sell my guns, I give them to my younger relatives because family is exempt from the state laws.

    In Washington state, their is an additional 10 day wait. That really kills private sales because the seller has to meet the buyer for both the BGC and for the actual transfer. Long distance private sales are now rare. But interstate sales seem to thrive.
     
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    bbbass

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    And how would they force a registration?

    They won't need to have everybody come in or send in paperwork. They know that will have a high rate of non=compliance, just like in other countries.

    Stealth registration is what they are after. With all future sales needing a BGC and a 4473, all they have to do is keep the data, they do this illegally already in Oregon, and they will have a de-facto registration that continues out into the future. Not all guns, because not all will go thru the system, but enough to make them think they are "doing something" about guns.

    It is so sad that I lost all my guns in that tragic boating accident!!
     

    contender buff

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    Dear Senator,
    I am urging you to hold fast to your campaign promise to protect the filibuster. I profoundly agree with your efforts to maintain a sense of bipartisanship in the Senate. NEITHER side should shove legislation through without even a whisper of unity or compromise.
    I hope you will continue to choose to do what is fair and just for the country, as you have promised to do.
    Regards,
     

    HawkeyeSATX

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    Sent from my REVVLRY+ using Tapatalk
     

    Tex1961

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    Getting a background check done will be mandatory in most cases, there is no exemption in this bill for LTC holders.
    Honestly you may be right and I may have spoke to soon... My brain is locked on Texas law.. But I've not read the actual bill, so who the heck knows what the final verbiage and law will be....
     

    toddnjoyce

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    Getting a background check done will be mandatory in most cases, there is no exemption in this bill for LTC holders.

    What is you’re rationale? HR 8 strikes 18 USC 922 (s) and then renames 18 USC 922 (t) as (s). The current exemption is 18 USC 922 (t) 3 for license holders doesn’t seem to be struck anywhere else in HR 8.

    Text of HR 8: https://www.congress.gov/bill/116th-congress/house-bill/8/text

    18 USC 922: https://www.law.cornell.edu/uscode/text/18/922

    My reading may not be right because I’m trying to match it all up to the code.
     
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    Renegade

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    What is you’re rationale? HR 8 strikes 18 USC 922 (s) and then renames 18 USC 922 (t) as (s). The current exemption is 18 USC 922 (t) 3 for license holders doesn’t seem to be struck anywhere else in HR 8.

    Hard to read, but it appears (t)(3) is rewritten without the LTC Bypass.


    “(3) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
    “(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1).
    “(C) Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers.
    “(D) Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (1).
    “(E) Regulations promulgated under this paragraph shall include, in the case of a background check conducted by the national instant criminal background check system in response to a contact from a licensed importer, licensed manufacturer, or licensed dealer, which background check indicates that the receipt of a firearm by a person would violate subsection (g)(5), a requirement that the system notify U.S. Immigration and Customs Enforcement.
     
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    Texas45

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    Not where you are
    Went and used my LTC today.
    In and out under an hr total.
    Left with this bad boy.
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    M&P2.0 40S&W 3.6 in barrel.
    Fixing to go try it out shortly.
    Already stripped cleaned and lubed it.


    Sent from my iPhone using Tapatalk
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    Fixed the upside down pics.
     
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