As I finished Section 1 of this Bill, I thought it couldn’t get worse. I was wrong.
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.
In Part 2 of the series, I introduced you to Section 101 if H.R. 5717. In Part 3, I resume with Section 102.
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).
(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.
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!
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.
What I read in the first 15 minutes infuriated me. THIS MUST BE STOPPED.
I will be writing about this throughout the day. Currently, I’m simply trying to figure out HOW. To break this down could EASILY encompass 10 articles. Way too much reading for you all. However, I haven’t come across a single part of it I agree with, so it ALL needs to be covered.
I will be posting a SERIES. I will break the Bill down along its Sections. Some articles will contain more than one Section. There may be a Section or two broken down into more than one article. It depends on the content and the amount of cross-referencing that needs to be included for clarity and referencing existing laws (which is done more than usual in this Bill).
I have included the link to the Bill below. I encourage you to download it onto your computer to read.
Watch for the articles!!!!
Constitutional Carry Lobby Day in Nashville – March 10
GOA has set up an Eventbrite page to register if you are planning to come to the 2nd Amendment Rally on March 10 in Nashville at the Legislature. PLEASE take a few minutes to register so that we can estimate the attendance and try to have enough materials for everyone.
EventBright March 10th
We encourage you to subscribe to the Tennessee Firearms Associations’ email list. You will receive information on current firearm issues and legislation in Tennessee.
TFA Email List
One of the things that the Bloomberg funded groups are good at is emailing and contacting representatives. They don’t limit that contact to their own either. Our Representatives are being inundated with emails from ALL OVER the US asking them to SUPPORT the Red Flag Bills that are currently being considered in the Tennessee State Legislature.
One of the tools they use:
This is an online program that will send YOUR letter to your Local, State and Federal Representatives. It will also send it out to their Twitter feed.
I have used to contact mine. It is a free service, although you can donate to them to help cover postage etc.
Below is a sample you can send regarding the current Red Flag Bills being considered:
Vote NO Red Flag Legislature
Is the Republic in Danger?!?
Dear Citizens (Legal) of the United States. Do you vote? While most would scoff at that question as if insulted, there are a lot of people who do not or have not voted in years. There is no excuse in my humble opinion, for not exercising your right to support the direction of this great Republic. Complacency by those who claim to love their country is the enemy of this Republic.
Common excuses (not reasons) are:
- I don’t have time.
- I don’t know enough
- My vote does not matter
- With voter fraud and suppression, it’s not worth it
- I like the way things are going right now
- Everything (the System) is broken beyond repair
- I do not have transportation
- I forgot to register
- There aren’t any good options
- I don’t care.
Not one of the above excuses should be acceptable for and the individual who wants to protect any of their Constitutional Rights. How can you care about the 2nd Amendment but not give a damn about the others? (Without the 2nd Amendment the other won’t exist).
This coming election is one of immense importance. For the last 3 years, it has been quite obvious that the Left hates this Country as it has existed for the last couple hundred years. While their animosity and disdain for what this country was founded on has always been part of the undercurrent of College professors, Hollywood, and the media. The sheep’s covering has come off and they proudly flaunt their beliefs and faith in a Socialist/Communist system that they want to redefine and change this country into.
There could be a whole essay written to try and explain, prod, inspire inactive voters, but simply put the future of this country is at risk. If the Patriots who claim to love their freedoms given to them by their Creator and written in the Constitution by our forefathers wish to keep them, then they better get OUT, get ACTIVE and get VOTING in local, state, and federal elections. The left is counting on your Complacency, Apathy, and post-WWII belief that “It could never happen to the USA!”
So while you are out fighting for the protection of your Second Amendment rights please follow and share the attached link to help get people registered that can support this Republic. The Left/Liberals are working hard to destroy it!
We at 2A Sanctuary Movement STRONGLY encourage you to support our Brothers and Sisters in this movement. As we all are aware Virginia is the birthplace of the 2A Sanctuary Movement. Due to the actions of the Governor and Legislature, it is also the flashpoint. A HUGE rally is scheduled for January 20th.
This is the bulletin put out by VCDL regarding the VA Rally..
VA-ALERT: Lobby Day Logistics & Important Information