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

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  • Axxe55

    Retiretgtshit stirrer
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    Dec 15, 2019
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    Lost in East Texas Elhart Texas
    Went and used my LTC today.
    In and out under an hr total.
    Left with this bad boy.
    cb8e3d70f3061b4fea3c98e8fb63e50c.jpg

    4e8145913f68b349a7351b128c2fdb87.jpg

    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

    I see you bought one of those new upside down guns!
    Lynx Defense
     

    toddnjoyce

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

    I agree, but haven’t deciphered if that happens before or after the current (t) 3 verbiage is rewritten as (s), which is pretty damn technical in the mechanics of rewriting the code.
     

    cycleguy2300

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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.
    I would like to think our current SCOTUS would rule these laws unconstitutional, but I have pretty much lost faith in them.

    A dream scenario would these (soon to be) new laws are challenged is a case involving the NFA1934 and GCA1986 and they are ALL ruled as violating 2A.

    Sent from your mom's house using Tapatalk
     

    Renegade

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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.
    It is critical challenges originate in pro- gun courts like the 5th. If they originate in anti-gun courts they will be upheld, and that makes it easy for SCOTUS to just decline the case as they have in the past.

    I have little faith in SCOTUS overturning any gun laws.
     

    oldag

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    I think you are confusing with the votes need to close a filibuster vs pass a piece of legislation. See below.



    In the Senate, the bill is assigned to another committee and, if released, debated and voted on. Again, a simple majority (51 of 100) passes the bill.

    Assuming that any controversial bill will be filibustered by Republicans. So in practicality, what I said was correct.
     

    Glenn B

    Retired & Loving It
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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.

    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.
    The rationale is what the bill says must be done with regards to background checks; it does not necessarily need to strike any preexisting law - it makes new law that says X must be done and thus it MUST be done under the law. That is all it needs do to wipe out any exemption for LTC holders. Along the same lines, do you see anything in there about C&R FFL holders being allowed to continue transfer between each other or being allowed to receive C&R guns from unlicensed individuals? No you do not, that is unless I missed it, thus the same rationale there to say that C&R FFLs will become useless and that transfers between C&R holders will not be allowed. I foresee a class action lawsuit in that regard; then again I foresee a challenge to the law in the SC but that I think that will be years off if it passes. Of course, I also foresee another march on the Capital building but next time by armed individuals.

    Now while I may be wrong about that, I am willing to bet that if the LTC exemption survives passage of H.R. 8, the new bill will be amended to wipe out the exemption once the demoncrat airheads in Congress remember there is an exemption.
     
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    Frank59

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    Not that this will ever come to light or be an issue whatsoever, but what about the folks who applied and received a LTC because they kept getting flagged on the background check for whatever unfounded reason it may be. How do you explain away an infringement violation when a person has already passed an extensive FBI check and then is denied under the new law because the FEDS can’t get the check done in a timely manner.
     

    Renegade

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    It also seems the FFL must first take possession of the gun. This if buyer fails NICS no gun, but if NICS is down or seller gets delayed or denied he does not get his gun back. At least not right there.
     
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    Wiliamr

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    Exactly. I can think of a few very specific and possibly illegal ways the Feds could possibly (after a lot of trouble) pin you for an illegal transfer, but for the most part, they don't know with any certainty who owns what guns. If two people decide they want to do a private sale, and they can keep their mouths shut, there's not really shit the Feds can do about it. The law is unenforceable.

    Even more so if the states tell the Feds to pound sand and deny them any assistance in enforcing these laws. The Feds don't have even remotely near the amount of manpower needed to enforce this law in a single, small state by themselves, let alone the entire US.
    Which is why HB 127 is there to begin a Federal registry of all guns, even that antique wall hanger.
     
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