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 New Federal Gun Bill Introduced 
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 Post subject: New Federal Gun Bill Introduced
PostPosted: Sat Jan 17, 2009 9:13 pm 
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Joined: Tue Jul 24, 2007 11:50 am
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HR 45 to the 111th Congress. It is a sweeping bill requiring registration of all firearms (except antiques) and Federal level licensing of all gun owners.

(i) any handgun; or

`(ii) any semiautomatic firearm that can accept any detachable ammunition feeding device



(a) In General- In order to be issued a firearm license under this title, an individual shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include--

(1) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;

(2) the name, address, and date and place of birth of the applicant;

(3) any other name that the applicant has ever used or by which the applicant has ever been known;

(4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;

(5) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;

(6) a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;

(7) a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding--

(A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;

(B) the safe handling of firearms;

(C) the use of firearms in the home and the risks associated with such use;

(D) the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and

(E) any other subjects, as the Attorney General determines to be appropriate;

(8) an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;

(9) the date on which the application was submitted; and

(10) the signature of the applicant.

(b) Regulations Governing Submission- The Attorney General shall promulgate regulations specifying procedures for the submission of applications to the Attorney General under this section, which regulations shall--

(1) provide for submission of the application through a licensed dealer or an office or agency of the Federal Government designated by the Attorney General;

(2) require the applicant to provide a valid identification document (as defined in section 1028(d)(2) of title 18, United States Code) of the applicant, containing a photograph of the applicant, to the licensed dealer or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that dealer, office, or agency; and

(3) require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the licensed dealer or office or agency of the Federal Government, as applicable.

(c) Fees-

(1) IN GENERAL- The Attorney General shall charge and collect from each applicant for a license under this title a fee in an amount determined in accordance with paragraph (2).

(2) FEE AMOUNT- The amount of the fee collected under this subsection shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subsection during a fiscal year is sufficient to cover the costs of carrying out this title during that fiscal year, except that such amount shall not exceed $25.

SEC. 103. ISSUANCE OF LICENSE.

(a) In General- The Attorney General shall issue a firearm license to an applicant who has submitted an application that meets the requirements of section 102 of this Act, if the Attorney General ascertains that the individual is not prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.

(b) Effect of Issuance to Prohibited Person- A firearm license issued under this section shall be null and void if issued to a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.

(c) Form of License- A firearm license issued under this section shall be in the form of a tamper-resistant card, and shall include--

(1) the photograph of the licensed individual submitted with the application;

(2) the address of the licensed individual;

(3) the date of birth of the licensed individual;

(4) a license number, unique to each licensed individual;

(5) the expiration date of the license, which shall be the date that is 5 years after the initial anniversary of the date of birth of the licensed individual following the date on which the license is issued (or in the case of a license renewal, following the date on which the license is renewed under section 104);

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PostPosted: Sun Jan 18, 2009 11:37 am 
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Registration is the first step of confiscation. Hitler did this.

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PostPosted: Sun Jan 18, 2009 2:18 pm 
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A national FOID. Wonderful.

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PostPosted: Sun Jan 18, 2009 7:30 pm 
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Since Canada's registration/ban is working so well, the US might try it too? How many more guns do we have? How much more debt... er... money would this cost our government?


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 Post subject: Re: New Federal Gun Bill Introduced
PostPosted: Mon Jan 19, 2009 8:15 am 
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Tabsr wrote:
(6) a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;

Now IANAL or anything, but it seems to me that in the hypothetical situation where someone keeps a loaded, cocked, safed weapon under their pillow, another loaded and holstered next to the bed (unless it is being carried), another loaded and holstered in the nightstand (unless it too is being carried), a loaded and safed rifle behind the bedroom door, a shotgun in the LR loaded and safed, a pistol loaded and holstered under the desk, a gun loaded and stowed in a cushy chair, and a revolver in the bathroom, (just as a random example <B>ETA:</b> because of course I would never advocate civil disobedience of unConstitutional laws: I mean I would never advocate <I>disobedience</i> of etc.) they would not be able to certify that all firearms are 'safely stored'.

Therefore it seems to me that requiring them to register their weapons under this bill would be a violation of their 5th amendment rights, the same way a prohibited person is not required to register.

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PostPosted: Mon Jan 19, 2009 11:18 am 
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Andrew Rothman wrote:
A national FOID. Wonderful.

I'm not at all opposed to a national FOID. Of course, mine would be issued automatically to every citizen, except for conscientious objectors, and would be required to vote or hold public office.

"firearms owner" == "member of militia" == "citizen of the United States"


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PostPosted: Mon Jan 19, 2009 8:16 pm 
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Thanks Tabsr

Barack Obama has not even been sworn in yet and all ready it starts-- I was wondering how long it would take--

So after one day of morning, let's get busy and email, call, write our elected officials and let them know to not mess with our 2nd amendment rights--

Any one know if there is still a MN based gun rights group in existence? I thought there used to be one but can't find anything on the internet--

Would a amendment to the MN Constitution help?

I'm NOT reading to be a sheep so where do we go from here folks?




Sorry, just finished watching "The Patriot" with Mel Gibson and my gander is a little wacky!

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Last edited by kpaul on Tue Jan 20, 2009 8:50 pm, edited 1 time in total.

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 Post subject:
PostPosted: Tue Jan 20, 2009 2:40 pm 
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jdege wrote:
Andrew Rothman wrote:
A national FOID. Wonderful.

I'm not at all opposed to a national FOID. Of course, mine would be issued automatically to every citizen, except for conscientious objectors, and would be required to vote or hold public office.

"firearms owner" == "member of militia" == "citizen of the United States"


AND it would give you the power to be a gun dealer, including Class III.

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"Man has the right to deal with his oppressors by devouring their palpitating hearts." - Jean-Paul Marat


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PostPosted: Tue Jan 20, 2009 3:01 pm 
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chunkstyle wrote:
AND it would give you the power to be a gun dealer, including Class III.


Don't forget manufacturer.


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 Post subject:
PostPosted: Tue Jan 20, 2009 6:48 pm 
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mitchx3 wrote:
chunkstyle wrote:
AND it would give you the power to be a gun dealer, including Class III.


Don't forget manufacturer.


Ooh, yeah, good point.

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"The right of citizens to bear arms is just one more guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America, but which historically has proved to be always possible." - Vice President Hubert H. Humphrey, 1960

"Man has the right to deal with his oppressors by devouring their palpitating hearts." - Jean-Paul Marat


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