Brady Campaign: Bill to close gun show loophole.

[Beau]

I'm looking for the bill right now. I bet the bill calls for a lot more than barring private sellers from selling at gun shows.

http://www.bradycampaign.org/media/press/view/1200/

Brady Campaign to Prevent Gun Violence : Media
Brady Campaign Applauds Gillibrand-McCarthy Bill To Crack Down On Illegal Guns



Nov 24, 2009

Washington, DC - Paul Helmke, President of the Brady Campaign to Prevent Gun Violence, today applauded a bill to be jointly introduced by U.S. Senator Kirsten Gillibrand (D-NY) and Congresswoman Carolyn McCarthy (D-NY) that would give Federal law enforcement officials critical tools needed to crack down on illegal guns and illegal gun trafficking:

"The Brady Campaign appreciates all the work that Senator Gillibrand and Representative McCarthy have done to draft this important legislation. It will give law enforcement important new tools needed to break the backs of the gun trafficking organizations that use our weak Federal gun laws to enrich themselves at the expense of great pain to innocent gun violence victims. It will also give the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) important tools to crack down on gun dealers who arm criminals with deadly weapons.

"This important legislation would help stop the gun violence plaguing our communities by cutting off the supply of illegal guns that arm violent criminals. We hope this bill will be able to move expeditiously through the legislative process and get signed into law within the next 12 months. Easy access to firearms by dangerous people is costing too many people the ultimate price."

###​

As the nation's largest, non-partisan, grassroots organization leading the fight to prevent gun violence, the Brady Campaign, with its dedicated network of Million Mom March Chapters, works to enact and enforce sensible gun laws, regulations and public policies. The Brady Campaign is devoted to creating an America free from gun violence, where all Americans are safe at home, at school, at work, and in our communities.

http://www.bradycampaign.org/media/press/view/1200/

 

[Mgderf]

I'm looking for the bill right now. I bet the bill calls for a lot more than barring private sellers from selling at gun shows.

"Non-Partisan"?

Are you kidding me?

This is nothing but a joke, UNLESS they manage to pass it!

 

[Beau]

My comments in blue.

Senator Kirsten Gillibrand today announced a new measure aimed at eliminating the steady flow of illegal guns into New York - WIVT/WBGH Newschannel34
First, the Gun Trafficking Prevention Act makes it illegal to traffick or assist in the trafficking of a firearm, making it unlawful to deliver or receive two or more firearms where the individual knows or has reason to believe that the firearms are being, or will be, used in a felony. By going after straw-purchasers who buy a gun for someone else to help them evade required recordkeeping and background checks, corrupt gun dealers who sell firearms to traffickers, and persons who conspire with and organize gun trafficking rings, this legislation addresses firearms trafficking at every point of the chain.

How do you prove that the person knew or had reason to believe?

Tough Penalties for Criminals



Second, the legislation establishes stiff penalties that are a much-needed deterrent to gun trafficking. Under this bill, traffickers could face up to twenty years in prison and be fined a significant sum of money. It also provides greater penalties for kingpins who organize gun trafficking rings, subjecting them to an additional sentence of potentially five consecutive years in prison. Penalties could increase depending on the number of guns trafficked.



The bill also treats individuals engaged in a conspiracy to traffic guns the same as those who actually traffick a gun. Individuals who engage in the conspiracy are subject to the same punishment as those who physically sell and receive the illegal guns.



By creating more options and providing flexibility for prosecutors and judges, we increase the tools that are available for prosecutors in the federal criminal justice system to appropriately crack down on individuals who are engaged in every aspect of gun trafficking.



Crackdown on Corrupt Gun Dealers



Third, the Attorney General of the United States and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are empowered to impose heightened restrictions, levy tough financial penalties, and suspend or revoke the license of any corrupt gun dealer. Corrupt gun dealers will be subject to a license suspension of up to six months and a fine of up to $2,500 per violation. This is the first time that the levying of civil penalties will be widely available as a deterrent for corrupt gun dealers.

What restrictions can they impose and how will they affect us?

The Attorney General is given the authority to identify and impose special restrictions on high-risk gun dealers, which could include dealers who have been unable to trace guns as required by federal law or who report significant or frequent inventory losses or thefts, among other criteria.



To prevent these high-risk dealers from supplying guns to traffickers, federal law enforcement would be able to impose conditions on them such as increased inspections, inventory checks and reconciliation, training dealers and employees in how to avoid illegal sales, and requiring that the dealer not complete firearm sales until the national instant background check system informs the dealer that they may proceed with the sale.

The overwhelming majority of licensed gun dealers are responsible and law abiding. This bill goes after the very small minority of dealers who are contributing to the cycle of violence that puts our children and families at risk.



For those dealers that are suspected of corrupt practices, the legislation protects the right of due process before their licenses are revoked by the Attorney General, and also allows for gun dealers whose licenses have been revoked to seek judicial review. By putting reasonable punishments in place, this legislation would put corrupt gun dealers out of business, create deterrents to engaging in these behaviors and keep our neighborhoods safe from gun violence.



Funding for ATF



The fourth part of the bill provides ATF with the resources that it desperately needs to inspect all federally licensed gun dealers and further investigate high-risk gun dealers. Federal law currently allows ATF to conduct annual inspections of all federally licensed dealers, but with the current lack of resources and funding it would take the bureau between seven and ten years to properly inspect every licensed dealer in the country. This allows corrupt dealers to go for many years without being suspected or caught.



To address this problem, the bill would authorize the Director of ATF to hire more personnel necessary to increase the average inspection rate of gun dealers to three years. Specifically, ATF would be given the authority to hire at least 500 additional Industry Operations Investigators and 1000 special agents, who would be equipped with sufficient funding to meet the goals of inspecting gun dealers, enforcing these tough new restrictions, and supporting local law enforcement as they track down and prosecute gun traffickers in New York and around the country.


More ATF, YAY!
Protections for Responsible, Law-Abiding Gun Owners



Finally, the legislation upholds the Constitution and protects the rights of law-abiding gun owners. Specifically, the bill provides a defense for an individual seller who obtains a background check on the person to whom he or she is selling prior to the sale. This serves to protect individual gun owners who make a good faith effort to ensure that they are not selling their firearm to a person who is prohibited from possessing those guns. This bill does not provide any new regulations on individuals who wish to sell or give their firearms as a gift to law-abiding family members, friends, or neighbors. It creates an incentive to conduct a background check before the gun is exchanged. It also exempts executors from prosecution under this legislation if they are carrying out the provisions of a will.
Here is the answer to my first question. If you a make a private sell you better have a background check done. If you don't and the buyer uses the firearms in a felony then you will be found guilty of trafficking

 

[Bill of Rights]

So does this mean that everyone will have access to run a NICS check, even non FFL dealers? That's the only way an "individual seller" could obtain a background check.

I wonder... If someone buys a car and uses it in the commission of a crime, will the car dealer be subject to legal action? What about if a knife is used in the crime? What about a hammer? I know there were a couple of murders committed at or near Purdue a few years ago using that dangerous weapon. Guess they'll be going after the "helpful hardware man" at Ace, huh? Oh, they won't? Hmm. Gosh, I suppose that might be grounds to have the law overturned.

I hope some :dumbass: criminal decides to break in to Chucky Schumer's place and UpChuck is faced with the fear of an unknown, unarmed assailant or the choice to stop said :dumbass:.

Wonder what he'll do? Note that as usual, I've wished no physical harm to befall the senator from New York... I'd just like to see his reaction when he's faced with the in-your-face reality of crime.

Blessings,
Bill