S.649: One of Those “Reasonable” Gun Control Laws

I tire immensely from the brain dead regurgitation I constantly hear from people who don’t understand the difference between a right, a privilege, a God-given right, while at the same time calling for “something to be done” and labeling it “reasonable.” And yes, I’m speaking about gun control, or more accurately defined as anti rights people control.

S.649, “Safe Communities, Safe Schools Act of 2013″, is an example of anti rights people control, that has little to do with “reasonable” background checks prior to purchasing a firearm and nothing to do with making communities and/or schools safer.

The entire bill is long, confusing, as is intended to be full of legal mumbo-jumbo. I have yet to get through reading the entire bill, say little about deciphering it.

Yesterday, I received and email about this bill and that email pointed out some things people should know about this bill as it pertains to Sec. 122 – Firearms Transfers. Below is a cut and paste of that section only (a link to the entire bill is above), with some highlighting, followed by some comments and my interpretations as to just what it might mean.

(Begin)

SEC. 122. FIREARMS TRANSFERS.

(a) In General- Section 922 of title 18, United States Code, is amended–

(1) by repealing subsection (s);

(2) by redesignating subsection (t) as subsection (s);

(3) in subsection (s), as redesignated–

(A) in paragraph (3)(C)(ii), by striking `(as defined in subsection (s)(8))’; and

(B) by adding at the end the following:

`(7) In this subsection, the term `chief law enforcement officer’ means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.’; and

(4) by inserting after subsection (s), as redesignated, the following:

`(t)(1) Beginning on the date that is 180 days after the date of enactment of the Fix Gun Checks Act of 2013, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). Upon taking possession of the firearm, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the licensee’s inventory to the unlicensed transferee.

`(2) Paragraph (1) shall not apply to–

`(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren;

`(B) a transfer made from a decedent’s estate, pursuant to a legal will or the operation of law;

`(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if–

`(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;

`(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and

`(iii) the transfer has a duration of less than 7 days; and

`(D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs–

`(i) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range;

`(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; or

`(iii) while hunting or trapping, if–

`(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;

`(II) the temporary transfer of possession occurs during the designated hunting season; and

`(III) the unlicensed transferee holds any required license or permit.

`(3) For purposes of this subsection, the term `transfer’–

`(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and

`(B) shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee.

`(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.

`(B) Regulations promulgated under this paragraph–

`(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and

`(ii) shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1).’.

(b) Technical and Conforming Amendments-

(1) SECTION 922- Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking `, (g)(5)(B), and (s)(3)(B)(v)(II)’ and inserting `and (g)(5)(B)’.

(2) SECTION 925A- Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking `subsection (s) or (t) of section 922′ and inserting `section 922(s)’.

(3) NICS IMPROVEMENT AMENDMENTS ACT- Section 103(f) of the NICS Improvement Amendments Act of 2007 is amended by striking `section 922(t)’ and inserting `section 922(s)’.

(4) CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2012- Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by striking `subsection 922(t)’ and inserting `section 922(s)’ each place it appears.

(End)

In the first section that I emboldened for you, I interpret this to mean that before you can “transfer” a gun, it must go to a licensed dealer. So what does it mean to “transfer?”

Here’s what I think and perhaps you can think of others:

1. To sell
2. To make a gift
3. To loan
4. Any act where a gun is moved from your possession at home to another location and/or will ultimately result in such.

The bill does list exemptions and this is where you have to pay very close attention.

There is an exemption about gifting a gun providing it is done within the family:

“(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren”

A gun can transfer ownership provided you do it in a legal will or “the operation of law”(Just what does that mean?)

You can loan your buddy or neighbor, etc. one of your guns IF it is done according to the rules of S.649

“(i) the temporary transfer of possession occurs in the home or curtilage [adjacent property] of the unlicensed transferor;

`(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and

`(iii) the transfer has a duration of less than 7 days.”

This is so “reasonable” that I can loan you my gun for up to 7 days but you can’t leave my house and “curtilage.”

But this isn’t all. At the end of (iii), the lawyers added an “and”. Here’s what the “and” says:

“(D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs–

`(i) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range;

`(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; or

`(iii) while hunting or trapping, if–

`(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;

`(II) the temporary transfer of possession occurs during the designated hunting season; and

`(III) the unlicensed transferee holds any required license or permit.”

I can loan you a gun at a shooting range……well, only a shooting range as defined in this bill, which is a bunch of mumbo-jumbo, clap trap, bullpucky!

What’s that you say? You’d like to borrow my .308 Savage, bolt action for the upcoming deer hunting season? Sure! No problem…..well, maybe there is. I can loan (transfer) you my gun but I can’t let you have it until deer season opens next week. I guess I could bring it to the firing range so you can practice but the nearest government approved shooting range is 150 miles away. Providing you have a hunting license, you can show up at my house at legal shooting time, the first day of deer season and I’ll loan you my gun. But there is one thing I have to tell you. I can loan you the gun but you can’t leave my house or adjacent property. You’re welcome to stay the allotted 7 days and hang out. We’ll talk about the gun and what it used to be like when a man was free in this country to do such wonderful activities as hunting.

And just so you know, the Attorney General, yeah, the same one that likes to wiretap and spy on anyone that doesn’t agree with him, has the authority to set a maximum amount a licensed gun dealer can charge for carrying out your desire to transfer a gun. Oh and shucks! I almost forgot. Did I mention that with each transfer, where required to use a licensed gun dealer to make the transfer, a background check will be performed – a reasonable one of course.

So there’s your “reasonable” anti human being bill that you can stick where the sun doesn’t shine.

Go to hell!

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