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ATTENTION TO ALL VOTERS !!!!

Several Democratic “BLUE” States have already  issued “STAY HOME ORDERS” until after the Republican Primaries on JUNE 9th

VA has issued Stay Home Order till June 10th
MD & DC issued Stay Home Order till June 10th
NY issued a Stay Home Order till June 14th
California issued Stay Home Order till June 23rd

I have not checked other states but I feel sure that they will follow

THIS IS PATHETIC !!!

WE ALL KNEW THAT THE DEMOCRATS WERE DESPERATE, BUT TO ISSUE STAY HOME ORDERS IN ORDER TO PREVENT VOTERS FROM GOING OUT – THIS IS ABSURD !!!

Carrying On Our Forefather’s Dream

Our forefathers had a dream of a new nation where “we the people” would be FREE. They fought for their dream in a way that we cannot imagine in this day and time with all our modern day luxuries. Many that reached this country died during the first years when facing the cold without adequate food and shelter, and many were slaughtered by the British while continuing to fight for their INDEPENDENCE. But above all they were a UNITED STATES OF AMERICA AND ONE NATION UNDER GOD. And it was not until years later than political greed and taxation lead us to division and resulted in a CIVIL WAR and it took us years to rebuild our nation – some said that we would never recover.

Our forefathers pinned the Constitution and the Bill of Rights that were to govern the lands and to allow us as a people to avoid a dictatorship which they had escaped. The Bill of Rights did not give us our freedoms, but limited government from infringing upon our inalienable rights that came only from our “creator.” One’s rights were never meant to be forced on another or to limit others based upon our feelings and beliefs. The government was never meant to make moral judgments that has lead us to where we are today.

Today, we once again face the “unknown” as our rights and securities are being challenged in a way that they have never been before. We have so much going on in our country today – seems that we are being pulled in all directions – with the abortion rights, gun rights, religious freedoms, violations of the constitution, corrupt politicians, wondering whether or not our republic will survive many more generations, and then we have a pandemic that no one really knows anything about that threatens people’s security even further as IRA’s and savings dwindles. I, myself have always been independent and a loner but have always believed in America and the freedoms in which we stand for. But right now I see a lot of fear and uncertainty and hear people saying things that perhaps they have never said before …. turning on each other and the elderly….. I am heart broke ….. because that is the last thing we need to be doing right now as a nation. I remember a time when America stood tall and united at least in my mind and in the mind of my father. So while many of us say “it is time to take back America” let’s not forget what that REALLY MEANS – take time to be an American!

God Bless this Great Country!  United We Stand!

Knox County Commissioner Meeting. 2A Resolution

Attention: POSTPONED  DATE TBA

 

This would have been the meeting for the formal vote and acceptance of the 2A Resolution.  At this point the meeting is still scheduled but it is not sure if the Resolution will be put forward for discussion or vote.  It may be moved to April.

If this moves forward it is at this point not know if speakers will be able to speak but OBVIOUSLY all hands on deck are needed.  The Main room holds up to 440 people.  It would be awesome to have command.  I would also like to ask people entering to go to their left and sit if allowed.  That way the commissioners see us on their right.  Of course this is all subject to these new “Social Distancing” protocols.

If this does move forward, be Respectful.  NO OUTBURSTS as that will hinder more than help.  However when we win…. wink wink.

WORTHY OF NOTE:
Do not wear Red or Orange, it tends to be what the opposition wears. Be sure to get as many pro-2A women to attend as possible, the opposition typically uses women to further their agenda so having our own women helps to act as a counter. ALWAYS be courteous and do not fight with the opposition. Be a 2A role model, the Commissioners will appreciate it and it speaks well of the gun community in general.

Knox County Commission meeting March 30th, 5 pm @400 Main St.

-Kevin Wharton

 

Inalienable Rights – Where Do They Begin and Where Do They End?

Understanding ones’ Rights

Inalienable Rights definition: not transferable or to be taken away.

Inalienable Rights were outlined in the Bill of Rights and was ratified as part of the Constitution.  The Bill of Rights outlined various rights that were believed to be granted by our creator to ALL mankind.  Among these rights were the “freedom of speech” and the “right to bear arms” and the “right to property and life” as well as others that represent fair and just treatment of individuals being accused of crimes.  It is these inalienable rights that allow us our “freedoms” that we hold dear in the United States, and that many have died to protect.

“The first 10 amendments to the Constitution make up the Bill of Rights. James Madison wrote the amendments, which list specific prohibitions on governmental power, in response to calls from several states for greater constitutional protection for individual liberties”

Bill of Rights

But do our “inalienable rights” give us the right to forget that the rights of others exist?   It has often been said, others need to learn that his liberty ends where some other fellow’s nose begins.  So what does this mean?  Does it matter if what we do offends others? Of course not, but what it does mean is that we cannot “intentionally” or “unintentionally” infringe upon the rights of others. You have your “rights” and I have “mine,” and yours ends where mine begins.  As the passage suggests the end of ones’ rights stop at the nose of another.

However, there are a lot of arguments today over “ones’ rights,” especially with the current pandemic and the attack on the 2nd Amendment.  Should ones’ right over-ride the rights of another?  No!  According to a constitutional scholar John B. Finch, “your liberty ends where the liberty of others commences.”  So just because someone does not like something does not mean that they can take that right from me – taking guns for example. One cannot stop me from saying something just because they disagree with my theories, nor is another’s belief superior. However, when one infringes upon your rights that is going past where theirs ends.

With that being said we as citizens have the “obligation” to avoid infringing upon the rights of others – otherwise, how does “freedom” exist?  We cannot shout freedom while creating bondage for some.

The bottom line is we “ALL” have a moral obligation to protect the “rights” and “lives” of others just as many have done before us. Many have died so we can express ourselves and live in freedom.  It is then and only then that we have true “freedom” and “peace.”

During the pandemic situation maybe we should think about “individual” rights and where ours begins and stops, after all, we cannot say we stand for “freedom” for all when our rights are superior to others, and we as 2A supports should know all too well what “infringement” feels like.  So if we are going to stand for “rights” let us stand for ALL rights.

Just because we have “rights” does not mean that we should not do what is morally right even when no one is watching! 

Arm Yourself with Knowledge

This is being sponsored by a local gun shop.  Thank you B&B Firearms LLC

ATTENTION!! MUST ATTEND FOR ALL GUN OWNERS!!

We at B & B Firearms are proud to be partnering with U.S. Law Shield and excited to announce that we will be sponsoring a Gun Law Seminar!

Come join us on MARCH 26th from 6:00 PM -8:00 PM at the Holiday Inn 5634 Merchants Center Blvd, Knoxville, TN 37912 for this incredible event that is a must attend for all gun owners!

This will be taught by experienced criminal defense attorneys and other firearms professionals that will be providing a wealth of knowledge on topics such as

The Castle Doctrine, Stand Your Grounds laws, The Justified Use of Deadly Force, Where You Can Legally Carry, What to Expect When Law Enforcement Arrives, and much more!

The event has a dedicated question and answer segment to ensure all attendees can get the information they want to know from a credible source they can trust.

Don’t forget to click on the link to book your seats now as these will fill up fast! Please also LIKE and SHARE this post to spread the word! Don’t forget to use the promo code FRIEND for admission!

 

 

H. R. 5717 This Must Be Stopped. Part 4

As I finished Section 1 of this Bill, I thought it couldn’t get worse. I was wrong.

HR5717

Honestly, I don’t see the point of continuing to break this Bill down. NEVER  have I seen a Bill written with such clear contempt of the Constitution.

This Bill sets forth MANDATORY criteria for Red Flag Laws that are beyond anything I have ever seen. Basically, ANYONE, you have ever dated, their family members, etc. can file an order. A law enforcement officer can. If you have a substance abuse issue or a mental health issue (undefined which is VERY concerning. PTSD? Depression? ), you can be under an ERPO.

If an ERPO is issued ALL your firearms MUST be turned over to Law Enforcement. NOT a family member. Even if they have a Federal-Firearm License. Good luck getting them back.

One of the many grounds for granting the ERPO is ANYTHING that can be interpreted as a threat. This is through ANY  “medium.” Meaning FB is included. If you post anything on FB that someone INTERPRETS as a threat, such as a meme that says “it’s not my dog you have to worry about it’s my gun”. Guess what. The ex says that was a threat against her. You now have an ERPO and have lost your firearms. They also report you to State Mental Health Agencies. The Extreme Risk Protection order portion of the Bill is SO detailed it runs from page 58-94.

Of course, there are  “Assault Weapons and Firearms Silencers and Mufflers Ban” and “Assault Weapons Ban.” included in this Bill.

Here is the definition of an “Assault Weapon”:

A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following: (i) A pistol grip. (ii) A forward grip.(iii) A folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon (iv) A grenade launcher. (v) A barrel shroud. (vi) A threaded barrel.

(B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with .22 caliber rimfire ammunition.

(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun.

‘(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any 1 of the following:

(i) A threaded barrel. ‘‘(ii) A second pistol grip. (iii) A barrel shroud. (iv) The capacity to accept a detachable magazine at some location grip. ( v) A semiautomatic version of an automatic firearm. (vi) A manufactured or more when unloaded accept a detachable outside of the pistol version of an auto-weight of 50 ounces. (vii) A stabilizing brace or similar component.

(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(F) A semiautomatic shotgun that has any 1 of the following: (i) A folding, telescoping, or detachable stock. (ii) A pistol grip. (iii) A fixed magazine with the capacity to accept more than 5 rounds. (iv) The ability to accept a detachable magazine. (v) A forward grip. (vi) A grenade launcher.

(G) Any shotgun with a revolving cylinder.

(H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof

(i) All AK types,

(ii) All AR types, All Thompson rifles, 

(i) All AK–47 types,

(ii) All AR–15 types,


There are PAGES and PAGES of additional firearms that will be illegal. Frankly, it would have been easier to list the firearms that WILL be allowed. That list probably would have been just a short paragraph.

The bottom line….they do NOT WANT US TO HAVE FIREARMS PERIOD. The rational part of me says there is NO way this Bill would move forward. It’s too extreme. It openly violates numerous Amendments of the Constitution. No way it would advance. Then there is the side that reminds me about VA. That whispers about Ill, NJ, NY and CA. We see further and further encroachment every day on ALL our rights. Not just the 2A. 

 This Bill not only forces states to create laws and agencies to monitor, report and investigate its citizens, it also forces states to permanently make ALL places of learning “Gun Free Zones.”  This includes Colleges and Universities, public or private. Whether the citizens want then that way or not. 

This Bill wants to significantly limit state sovereignty when it comes to the 2A.  This will be done by forcing states to write and enforce laws that not only violate their individual state constitutions but the Constitution of the United States as well.  

States will be FORCED to write EXTREME Red Flag Laws according to the FEDERAL statutes created in this Bill, and enforce them. States will be FORCED to create agencies to monitor those that are “allowed” to own a firearm. States will even be REQUIRED to report a person who does not pass a background check to the AG. This is NOT America. This sounds like Mother Russia where citizens are monitored by the KGB. This Bill completely disregards the 10th and 11th Amendments regarding State Soverntiy.

Then, there is the database they want to establish. That is not only a VERY VERY slippery slope, but it’s also a scary one. If you want to own a firearm, suddenly you are monitored and investigated as if you are a terrorist. 

The way this bill is written it is clear the SOLE purpose is to completely destroy not only the 2A but to remove the protection of the 4th amendment from firearm owners. 

I’m not going to continue breaking down and reviewing this bill. I have seen MORE than enough to be absolutely LIVID and sickened by the attempt of this Congressman. We absolutely MUST work to stop this Bill. Be LOUD. Contact your Representative and tell them in NO way is this Bill acceptable to you. Tell then you EXPECT them to uphold their oath of office and uphold the Constitution.

Marshall County -VOTE-Postponed

Arrive early for seating as we hope to have a good turn out.

NOTE:

Do not wear Red or Orange, it tends to be what the opposition wears. Be sure to get as many pro-2A women to attend as possible, the opposition typically uses women to further their agenda so having our own women helps to act as a counter. ALWAYS be courteous and do not fight with the opposition. Be a 2A role model, the Commissioners will appreciate it and it speaks well of the gun community in general.

Knox County 2A Resolution Commissioner Public Work Shop-POSTPONED

POSTPONED on 3/12/2020 for Public Safety due to the Corona Virus.   The new date will be posted as soon as it is announced:

 

This will be a public meeting to discuss the 2A Resolution that the Knox County Commission and Law Dept. have been evaluating. If you want your voice heard, you need to attend this meeting!

This will be for a vote to move forward.  I have spoken with several commissioners.  There will speakers here and OBVIOUSLY all hands on deck are needed.  The Main room holds up to 440 people.  It would be awesome to have command.  I would also like to ask people entering to go to their left and sit if allowed.  That way the commissioners see us on their right.

IMPORTANT!:  Be Respectful.  NO OUTBURSTS as that will hinder more than help.  However when we win…. wink wink.

WORTHY OF NOTE:
Do not wear Red or Orange, it tends to be what the opposition wears. Be sure to get as many pro-2A women to attend as possible, the opposition typically uses women to further their agenda so having our own women helps to act as a counter. ALWAYS be courteous and do not fight with the opposition. Be a 2A role model, the Commissioners will appreciate it and it speaks well of the gun community in general.

Knox County Commission meeting March 23rd, 5 pm @400 Main St.

-Kevin Wharton

H. R. 5717 This Must Be Stopped. Part 3

In Part 2 of the series,  I introduced you to Section 101 if H.R. 5717. In Part 3, I resume with Section 102.

H.R. 5717


SEC. 102. STATE FIREARMS LICENSING.

(a) IN GENERAL.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:

IN GENERAL.—In this part—(1) the term ‘covered license’ means a—

(A) firearms license; or

(B) firearms dealer license; (2) the term ‘extreme risk protection order’—

(A) means a written order, issued by a State court or signed by a magistrate that, for a period not to exceed a time frame established by the State—(i) prohibits the individual named in the order from having under the custody or control of the individual, purchasing, possessing, or receiving a firearm or ammunition; and (ii) requires that any firearm or ammunition under the custody or control of the individual be removed; and

(B) does not include a domestic violence protection order, as defined in section 2266 of title 18, United States Code; Interesting that a FEDERAL ERPO is NOT the same ERPO that a State issues. Does that mean the Federal ERPO means whatever it WANTS it to mean?

(3) the term ‘prohibited individual’ means an individual who is categorically ineligible to receive a covered license;

(4) the term ‘suitable’ means that an individual does not create a risk to public safety; and

(5) the term ‘thorough background check’ means a Federal and State background check, which may include a fingerprint-based background check. (b) PROHIBITED INDIVIDUALS.—For purposes of this part, a State—(1) shall establish standards for categorizing an individual as a prohibited individual for purposes of receiving a covered license; and (2) in establishing standards with respect to a covered license under paragraph (1), shall take into consideration whether limitations may be warranted based on—

(A) criminal history; B) whether an individual has been—(i) deemed a danger to himself or herself or other individuals by a court or authorized administrative body; or (ii) committed to a hospital or institution as a danger to himself or herself or other individuals; (C) age; (D) legal residency; (E) military dishonorable discharges; (F) whether an individual is subject to a permanent or temporary protection order or has ever been convicted of a misdemeanor crime of domestic violence; 

(G) outstanding arrest warrants; For unpaid parking tickets as an example?  

(H) status as a fugitive;

(I) renunciation of United States citizenship; and
(J) other factors relevant to the suitability of a license holder. Like what? What other factors could be added here at the whim of a politician?


SEC. 3052. GRANTS AND CONDITIONS.

(a) GRANTS AUTHORIZED.—The Assistant Attorney General may make grants to States to implement or maintain firearms and firearms dealer licensing requirements.

‘‘(b) DURATION OF GRANTS.—A grant under subsection (a) shall be for a period of 3 fiscal years.

‘‘(c) USE OF FUNDS FOR FIREARMS AND FIREARMS DEALER LICENSING.

‘‘(1) ACTIVITIES.—Amounts received under a grant under subsection (a) shall be used for the implementation or maintenance of firearms and firearms dealer licensing requirements, which shall incorporate and implement the elements described in paragraph (2).

(2) ELEMENTS.—

(A) an individual shall have a firearms license—(i) at the time of the purchase, rental, or lease of a firearm or purchase of ammunition; and (ii) during the entire period of ownership or possession of a firearm or ammunition; There is that MUST HAVE A FIREARMS LICENSE to purchase ammunition again. 

(B)(i) an individual who (including the owner or operator of a business that) sells, rents, or leases a minimum number of firearms, or sells ammunition, during a calendar year shall obtain a firearms dealer license; and (ii) the State shall establish the minimum number of firearms for purposes of clause (i), which may not be higher than 10 per calendar year; If you want to sell JUST ammunition (say you reload) you MUST have an FFL License AND you may have additional criteria you must meet. For example, they may include that inorder the have an FFL you MUST meet a minimum number of firearms for sale. 

(C) the chief of police or the board or officer having control of the police department of a local government, or a designee within the same department, shall function as the licensing authority;

(D) for an application for issuance or renewal of a firearms license, the licensing authority shall—(i) conduct a thorough background check, which may include—(I) conducting an interview with the applicant; (II) requiring the submission of letters of reference stating that the applicant is of sound mind and character; and (III) any other requirements the State determines relevant; and (ii) make a determination of suitability; Once again, there is a “and any other requirement” thrown in there again.

(E) a first-time firearms license applicant shall complete safety training;

(F) for an application for issuance or renewal of a firearms dealer license, the licensing authority shall conduct an investigation into the criminal history of the applicant, which may include—(i) an interview with the applicant;(ii) a thorough background check; and (iii) any other requirements the State determines relevant; There is that “and any other requirement” thrown in there again. It seems to be a favorite add on. 

(G) the State shall establish appropriate application processes for covered licenses consistent with Federal, State, and local law;

(H) the State shall establish standards and processes by which licensing authorities can revoke, suspend, or deny the issuance or renewal of a covered license;

(I) the State shall ensure that a revocation, suspension, or denial cannot be based on race, color, ethnicity, religion, sex, sexual orientation, or gender identity;

(J) the State shall establish judicial review processes by which any applicant for or holder of a covered license may, within a reasonable time period, petition to obtain judicial review of a revocation, suspension, or denial of the issuance or renewal of a covered license;

(K) the State shall establish—(i) standards and a process under which a family member of an individual who the family member fears is a danger to himself, herself, or others may petition for an extreme risk protection order; and ‘‘(ii) standards for the termination or extension of an order described in clause (i); In other words, states will be FORCED to adopt ERPO’s folks!!! What happened to State Sovereignty?

(L) the State shall establish processes under which—(i) an individual whose covered license is revoked or suspended, or whose application for issuance or renewal of a covered license is denied, shall surrender or transfer all firearms and ammunition that are or would have been covered by the license; and (ii) an individual who is subject to an extreme risk protection order or a domestic protection order, as defined in section 2266 of title 18, United States Code, shall surrender or transfer all firearms and ammunition in the possession of the individual;

(M) the State shall establish requirements with which a firearms dealer licensee must comply, which—(i) shall include requirements relating to—(I) the location at which the licensee conducts firearm or ammunition transactions; (II) the manner in which the licensee records firearm or ammunition transactions; (III) background checks for employees of the licensee; and (IV) any other matter that the State determines appropriate; and (ii) may include requirements that a licensee—(I) maintain a permanent place of business—(aa) that is not a residence; and (bb) at which the licensee conducts all firearms or ammunition transactions; (II) submit to mandatory record and inventory inspections by a licensing authority; (III) maintain a sales record book at the permanent place of business described in subclause (I) in accordance with standards established by the State; (IV) conduct a pre-employment background check on each potential employee to determine the suitability of any potential employee who may have direct and unmonitored contact with a firearm or ammunition; and (V) take any other action that the State determines appropriate; As if not having to have an FFL to sell your reloads or a box of ammo to a family member isn’t onerous enough, you may actually be required to have a PLACE OF BUSINESS in which to do so.

(N) the State shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination, and distribution of information pertaining to the issuance, renewal, expiration, suspension, or revocation of a covered license;

(O) the State shall establish standards that are consistent with Federal and State law—(i) governing the transfer of a firearm or ammunition; and (ii) for identifying a prohibited individual, in accordance with section 3051(b);

(P) the State shall promulgate rules and regulations that require a dealer or private seller of firearms or ammunition to verify the validity of a firearms license before the sale, rental, or lease of any firearm or the sale of any ammunition;

(Q) a dealer or private seller of firearms or ammunition shall report all sales, rentals, and leases of firearms, and sales of ammunition, to State authorities;

(R) a dealer of firearms or ammunition shall notify the licensing authority when presented with an invalid or expired firearms license;

(S) any firearms licensee whose firearm or ammunition is lost or stolen shall report the loss or theft to the licensing authority and State authorities within a reasonable time frame and in a manner established by the State;

(T) an individual holding a firearms license or firearms dealer license shall renew the license on a time frame established by the State;

(U) an individual may not use the firearms license of the individual to purchase a firearm or ammunition for—(i) the unlawful use of the firearm or ammunition by another individual; or  (ii) the resale or other transfer of the firearm or ammunition to an unlicensed individual; and

(V)(i) it shall be unlawful to store or keep a firearm in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render the firearm inoperable by any individual other than the owner or other lawfully authorized user; and (ii) for purposes of clause (i), a firearm shall not be considered to be stored or kept if carried by or under the control of the owner or other lawfully authorized user.

 

(3) SEPARATE AMMUNITION DEALER LICENSE

PERMITTED.—A State that requires a license for dealing ammunition that is separate from a license for dealing firearms shall be deemed to have satisfied the requirements under paragraph (2) relating to a firearms dealer license, as that license relates to the dealing of ammunition, if the State imposes the same requirements for an ammunition dealer license as are mandated under paragraph (2) for a firearms dealer license, as that license relates to the dealing of ammunition. In spite of the double talk, this does NOT mean you aren’t required to have an FFL. What this means is a state can impose an ADDITIONAL licensing requirement to be able to sell ammo. So, in theory, you WILL be required to have an FFL AND an additional Ammunition dealer license if your state wishes to do so. 

(d) APPLICATION.—To be eligible to receive a grant under subsection (a), a State shall submit to the Assistant Attorney General an application at such time, in such manner, and containing such information as the Assistant Attorney General may require, including a description of how the State will use the grant to implement or maintain firearms and firearms dealer licensing requirements that include the elements described in subsection (c)(2).

(e) ANNUAL REPORT.—Each State receiving a grant under this section shall submit to the Assistant Attorney General, for each fiscal year during which the State expends amounts received under the grant, a report, at such time and in such manner as the Assistant Attorney General may reasonably require, that contains

(1) a summary of the activities carried out using amounts made available under the grant;

(2) an assessment of whether the activities are achieving the elements described in subsection (c)(2); and

(3) such other information as the Assistant Attorney General may require.

(f) LIMITATIONS ON THE ALLOCATION OF FUNDS.—Not more than 2 percent of the amount made available to carry out this section in any fiscal year may be used by the Assistant Attorney General for salaries and administrative expenses.

(g) REALLOCATION OF APPROPRIATIONS.—A recipient of a grant under subsection (a) shall return to the Assistant Attorney General any amounts received under the grant that are not expended for a purpose described in this section.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by adding at the end the following:  There are authorized to be appropriated such sums as may be necessary to carry out part OO.


Takeaway:

This is pure and simple a Bill that ensures that the inalienable rights to keep and bear arms become so onerous and cost-prohibitive that the 2A is abolished. I can’t say it with any more honesty or clarity than that.

Private citizens will NOT be able to afford the fees and the fight. The costs of maintaining a program will bankrupt the states. This is ONLY Section 1 folks!

H. R. 5717 This Must Be Stopped. Part 2

On 1/30/2020 Rep. Johnson, Henry C. “Hank,” Jr. [D-GA-4] (This clearly 2A hating Congressman as been in office since 2007), introduced a 128 page Bill that forces a NATIONAL Firearms License, Extreme Risk Order and MORE to be rolled into one big Constitutional violation of a Law.

Below is a link to the Bill in its entirety. I can’t stress the importance of reading the Bill. You MUST arm yourself with its contents and be knowledgeable about both what it contains as well as the consequences to the 2A if it becomes Law.

https://www.congress.gov/116/bills/hr5717/BILLS-116hr5717ih.pdf

I will be covering the Bill Section by Section for clarity. It will also keep the amount of reading in each article manageable (I hope).  If you have any questions, comment or would like further clarification at the end of each article, please post them in the comment section. I love hearing from you!


H.R. 5717 Section 1

TITLE I—FIREARM LICENSING

Sec. 101. License to own firearms and ammunition.

§ 932. License to own firearms and ammunition-

 (a) GENERAL-“Except otherwise provided in this section, it shall be unlawful for any individual who is not licensed under this section to knowingly purchase, acquire, or possess a firearm or ammunition.”   You can’t get any clearer than that. Unless stated SPECIFICALLY in the Law,  NO ONE will be able to purchase, acquire or possess a firearm OR ammunition. PERIOD. Buh bye 2A, effective upon passage of this Bill.

(b) ELIGIBILITY.—”An individual shall be eligible to receive a license under this section if the individual—(1) has attained 21 years of age and (2) has completed training in firearms safety, including (A) a written test, to demonstrate knowledge of applicable firearm laws; (B) hands-on testing, including firing testing, to demonstrate safe use of a firearm”.  In other words, there will be a uniform MANDATORY classroom course of study and testing process before you are even ELIGIBLE to APPLY for a National License. Count of the Federal Government to make the course of study and testing so onerous and expensive that 80%+ of folks won’t be able to afford, complete or pass just the class portion. After all, the GOAL here is NOT public safety or our children’s safety. The GOAL is to eliminate your RIGHT to have a firearm period.

(C) as part of the process for applying for such a license—” (i) has submitted to a background investigation and criminal history check of the individual, including a background check using the National Instant Criminal Background Check System, to ensure the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922; and (ii) has submitted a photograph of the individual;

(D) has not been determined by a court,-“in accordance with subsection (c)(5), to be unsuitable to be issued a Federal firearm owner’s license;” and

(E) is not otherwise prohibited by Federal, State, Tribal, or local law from possessing a firearm.


(c) ESTABLISHMENT OF FEDERAL FIREARM OWNER’S LICENSE.

(1) IN GENERAL.—The Attorney General shall issue a Federal firearm owner’s license to any individual who is eligible under subsection (b).

(2) ISSUANCE OF LICENSE OR NOTICE OF DENIAL.—Not later than 40 days after the date on which an individual submits an application for a Federal firearm owner’s license under this section, the Attorney General shall—

(A) determine whether the individual is eligible to possess a license under this section; and

(B) based on the determination under subparagraph (A)—(i) issue a Federal firearm owner’s license to the individual; or

(ii) provide written notice to the in-dividual of—(I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or

(II) a petition filed under paragraph (5).


(3) EXPIRATION.—A Federal firearm owner’s license issued under this section shall expire on the date that is 10 years after the date on which the license was issued.


(4) RENEWAL OF LICENSE.

(A) IN GENERAL.—A Federal firearm owner’s license issued under this section may be renewed at the end of the 10-year period described in paragraph (3).

(B) REQUIREMENTS.—The process for renewal of a Federal firearm owner’s license under subparagraph (A) shall include(i) an up-to-date background investigation and criminal history check of the individual; and (ii) a recent photograph of the individual. All at significant cost to the firearm owner I’m sure.

(C) ISSUANCE OF RENEWAL OR NOTICE OF DENIAL.—Not later than 40 days after the date on which an individual submits an application for a renewal of a Federal firearm owner’s license under this paragraph, the Attorney General shall—(i) issue a renewed Federal firearm owner’s license to the individual; and(ii) provide written notice to the individual of—(I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or (II) a petition filed under paragraph (5).


(5) ATF DETERMINATION OF UNSUITABILITY.—

(A) IN GENERAL.—The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may file a petition, which shall contain a written statement of the reasons supporting the request required under subparagraph (C), in an appropriate district court of the United States to request that—(i) an individual who has applied for a Federal firearm owner’s license, or renewal thereof, under this section be denied the request for such license; or(ii) a previously issued Federal firearm owner’s license be suspended or revoked.

(B) NOTICE.—Any petition filed under subparagraph (A) shall include written notice to the individual who requested, or is in possession of, the Federal firearm owner’s license, as the case may be, describing the facts and circumstances justifying the petition.

(C) HEARING.—Not later than 90 days after the date on which a petition is filed under subparagraph (A), the court shall conduct a hearing.

(D) FACTORS TO DETERMINE UNSUITABILITY.—Not later than 15 days after the date on which a hearing is conducted under subparagraph (C), the court shall find that an individual is unsuitable to possess a Federalfirearm owner’s license if, based on a preponderance of the evidence, there exists—(i) reliable, articulable, and credible information that the individual has exhibited or engaged in behavior to suggest the individual could potentially create a risk to public safety; or (ii) other existing factors that suggest that the individual could potentially create a risk to public safety. What “other existing factors”? The Judge’s personal beliefs regarding the existence of the 2A?? If no “reliable, articulate and credible information” was presented that the individual exhibited or engaged in “behavior” to suggest they could POTENTIALLY create a risk to public safety, then what other FACTUAL standings would the courts have to deny the license? It appears then a Judges’ PERSONAL opinion would then be the deciding factor. I also have a significant issue with the word POTENTIALLY being used here. Unless they have a HISTORY of illegal violent behavior or a delusional violent psychiatric history and diagnosis, you can’t strip someone of their rights because of what they “might” do. This goes beyond the 2A right. This also strips other rights away as well. 

(E) NOTICE OF DETERMINATION—If a court finds an individual is unsuitable to possess a Federal firearm owner’s license, the court shall notify the applicant in writing, setting forth the specific reasons for such determination.


(6) REVIEW—A determination of the Director of Bureau of Alcohol, Tobacco, Firearms, and Explosives or a district court of the United States under this subparagraph may be appealed to the appropriate court of the United States.

(d) EXCEPTIONS.—(1) PREVIOUSLY POSSESSED FIREARMS.—Subsection (a) shall not apply to the possession of any firearm or ammunition by an individual who otherwise lawfully possessed the firearm or ammunition under Federal law on the date on which the Attorney General begins issuing Federal firearm owner’s licenses under this section.

(2) STATE LICENSES.—(A) IN GENERAL.—Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State—(i) has in effect a process for issuing a State firearm owner’s license to eligible individuals in the State that is substantially similar to the requirements of subsection (b); and (ii) provides to the Attorney General real-time validity information relating to firearm owner’s licenses issued by the State, for inclusion in the database described in section (f). Looks like we will have both a FEDERAL and State Firearm License. ONLY if the Feds determine the State License meets 100% of the Federal Guidelines AND the State provides ALL your information to the Feds will the requirement of holding a Federal License be waived. Wonder how many states will require a State License? The expense on the States will be significant to follow the Federal Law.

(B) PUBLICATION OF LIST OF QUALIFYING STATES.—

(i) IN GENERAL.—Not later than 2 years after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2020, the Attorney General shall publish a list of States that have in effect a process described in subparagraph (A). (ii) UPDATED LIST.—The Attorney General shall update the list described in clause (i) immediately upon determining that a State should be included on or removed from the list.

(3) LICENSED DEALERS, MANUFACTURERS, AND IMPORTERS.—Subsection (a) shall not apply to an individual who is a licensed dealer, licensed manufacturer, or licensed importer.


(4) AGENCIES AND LAW ENFORCEMENT OFFICERS.—(A) IN GENERAL.—Subsection (a) shall not apply to—(i) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); or(ii) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials. I find the use of the term “political subdivision of a State” interesting here. What in the heck does that mean?

(B) DEFINITION.—For purposes of subparagraph (A), the term ‘campus law enforcement officer’ means an individual who is—(i) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 2  seq.); (ii) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes (iii) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (iv) recognized, commissioned, or certified by a government entity as a law enforcement officer.

(e) PROHIBITION OF STRAW PURCHASING.—It shall be unlawful for any person to willfully use a valid Federal or State firearm license to purchase a firearm or ammunition on behalf of another individual, regardless of whether the other individual has a valid Federal or State firearm license. Straw purchases for firearms are ALREADY illegal. That is not new. However, under this Bill, even if the person you are purchasing ammo for HAS their licenses….you are NOT permitted by law to purchase ammo for them.

(f) PENALTIES.—Any person who violates subsection (a) or (e) shall be imprisoned not more than 2 years, fined in accordance with this title, or both.

(g) DATABASE.—The Attorney General shall establish an electronic database, which shall be accessible by Federal, State, Local, and Tribal law enforcement agencies and licensed dealers, through which a licensed dealer may verify the validity of a Federal firearm owner’s license issued under this section. THIS is scary stuff right here. A listing of everything they need to know about you at their fingertips. Down to the number of rounds you have purchased.


(h) REVOCATION OF LICENSES.

(1) IN GENERAL.—The Attorney General shall revoke the Federal firearm owner’s license issued to an individual under this section upon the occurrence of any event that would have disqualified the individual from being issued or renewed a Federal firearm owner’s license under this section or for a violation of a restriction provided under this section.

(2) REQUIRED NOTICE.—Upon revocation of a Federal firearm owner’s license under paragraph (1), the Attorney General shall provide written notice of such revocation to the individual to whom the license was issued.

(3) APPEAL OF REVOCATION.—
(A) IN GENERAL.—An individual who has the Federal firearm owner’s license of the individual revoked under this subsection may appeal the revocation determination to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

‘‘(B) REQUIREMENT.—Not later than 14 days after the date on which an individual appeals a revocation determination under subparagraph (A), the Director of the Bureau of  Alcohol, Tobacco, Firearms, and Explosives shall conduct a hearing on the appeal. This is NOT going to be cheap. So you can see how this is NOT about ensuring your rights are preserved and protected, but making it cost-prohibitive for you to fight. Thus ENSURING your inalienable rights to keep and bear arms are stripped from you.

(C) NOTICE OF DETERMINATION—The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall provide written notice of the determination made after a hearing under subparagraph (B) regarding the appealed revocation to the individual.

(D) APPEAL—If the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives determines after a hearing under this paragraph to uphold the revocation, the determination may be appealed to an appropriate district court of the United States. You will have the right to appeal. At GREAT cost to you. 

(i) AUTHORIZATION OF APPROPRIATIONS—There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this section.

(b) CLERICAL AMENDMENT—The table of sections for such chapter is amended by adding at the end the following:

932. License to own firearms and ammunition.

(c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect on the date that is 2 years after the date of enactment of this Act.

(d) REGULATIONS.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out section 932 of title 18, United States Code, as added by subsection (a), including a regulation requiring that any firearm manufactured after the effective date described in subsection (c) of this section be legibly and conspicuously engraved or cast with the date on which the firearm was manufactured. This is going to increase the manufacturing cost of firearms. 

(2) REQUIREMENT.—The Attorney General shall conduct, not less frequently than annually, a background investigation of each individual to whom a Federal firearm owner’s license is issued under this section to ensure that the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922 or under State law. In reality, your Federal License will be reviewed YEARLY. Not every 10 years. This is a tremendous invasion of privacy as well. We will be undergoing a FEDERAL background check every single year. 

(e) ANNUAL REPORT.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit a report to Congress on the implementation of section 932 of title 18, United States Code, as added by subsection (a), and recommendations, if any, for improvements of the system required to be established under such section 932.



There is MORE in Section One. However, at this point, I want to recap what I learned in the above portion.

  1. This Bill creates a National Federal-Firearm License.  It sets ambiguous criteria, that frankly, is yet to be determined.  We have NO idea the breadth and depth that the required course will be. How long they will be, what will be covered or the cost? There is no set criteria for the firing portion. Only that there WILL be a required firing portion that one WILL be required to pass.
  2. It will be ILLEGAL to own, possess or acquire ANY firearm or ammunition without the Federal OR APPROVED State License. Even if a friend or family member HAS a Federal or approved State Firearm License, it will be illegal to purchase ammunition for them.
  3. In THEORY, the Federal License will be good for two years. However, you WILL be undergoing a Federal background check on a YEARLY basis in order to keep it.
  4. The final determining factor is NOT indisputable evidence you are a danger. It clearly states in the law AFTER listing the evidence that is SUPPOSED to be proven,  if it is NOT proven and substantiated that you are a danger to self or others, the final determination to deny you your 2A Rights will be based on “other factors”. These factors include what you “could do.” It appears the REAL determining factor may very well be whether or not it is a Caonstitutuiol judge hearing your case or one who has a liberal agenda and wants to see the Constitution destroyed or ensure the preservation of your rights.
  5. The appeal process, if you are denied, is onerous and will be EXTREMELY expensive. Thereby excluding the vast majority of folks from the ability to appeal the decision banning you FOR LIFE, the right to keep and bear arms (ammo too).
  6. If you live in a state in which the Federal Government feels that the state’s licensing requirements meet or exceed theirs, you will NOT have to have a Federal License. However, you will still be going through a yearly Federal background investigation.
  7. Your information will be kept in a Federal database. As will the information of every firearm and ammo purchase you make.
  8. It seems to be creating a whole new entity in law enforcement as well. The  “political subdivision” of Law Enforcement. Since when does ANY political group or department have the RIGHT to be the arm of law enforcement??? Slippery slope here folks.
  9. This would be an INCREDIBLY costly Law to enforce. The Attorney Generals office, ATF and several other agencies would require millions of dollars simply to set UP the program in each department. Then the influx of new staff and the implementation and maintenance of the program will be cost-prohibitive as well.

DON’T get fooled into how they (gun-grabbers) will try to make this taste better. Supporters will say this is actually a License that will cross State lines and allow you to carry EVERYWHERE. In effect a NATIONAL CARRY PERMIT. Don’t believe it for a second.  The goal is the shred the 2A in its entirety. 

Remember. If the 2A falls…so will the rest.

I will continue on with Section 1 in the next article.

To voice your opposition to this Bill:

Petition to Oppose HR 5717