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Author Topic: H.R. 45:Blair Holt's Firearm Licensing and Record of Sale Act of 2009 BRADY BILL  (Read 4426 times)

Offline Randy

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For those of you who may not be aware of this powerful Bill please read up on HR 45.
Basically forced Registration of firearms and federal record of same.
Contact the Committee Members and your Congressman.

This is a dangerous Bill if passed. Condensed summary below.
Link to full bill click here> www.govtrack.us/congress/billtext.xpd?bill=h111-45

1/6/2009--Introduced.
Blair Holt's Firearm Licensing and Record of Sale Act of 2009 - Amends the Brady Handgun Violence Prevention Act to prohibit a person from possessing a firearm unless that person has been issued a firearm license under this Act or a state system certified under this Act and such license has not been invalidated or revoked. Prescribes license application, issuance, and renewal requirements.
Prohibits transferring or receiving a qualifying firearm unless the recipient presents a valid firearms license, the license is verified, and the dealer records a tracking authorization number. Prescribes firearms transfer reporting and record keeping requirements. Directs the Attorney General to establish and maintain a federal record of sale system.
Prohibits: (1) transferring a firearm to any person other than a licensee, unless the transfer is processed through a licensed dealer in accordance with national instant criminal background check system requirements, with exceptions; (2) a licensed manufacturer or dealer from failing to comply with reporting and record keeping requirements of this Act; (3) failing to report the loss or theft of the firearm to the Attorney General within 72 hours; (4) failing to report to the Attorney General an address change within 60 days; or (5) keeping a loaded firearm, or an unloaded firearm and ammunition for the firearm, knowingly or recklessly disregarding the risk that a child is capable of gaining access, if a child uses the firearm and causes death or serious bodily injury.
Prescribes criminal penalties for violations of firearms provisions covered by this Act.
Directs the Attorney General to: (1) establish and maintain a firearm injury information clearinghouse; (2) conduct continuing studies and investigations of firearm-related deaths and injuries; and (3) collect and maintain current production and sales figures of each licensed manufacturer.
Authorizes the Attorney General to certify state firearm licensing or record of sale systems.
« Last Edit: February 08, 2009, 02:54:29 AM by Randy »
Let us never forget 9.11.01
 "She Never Begins An Attack, Nor When Once Engaged, Ever Surrenders:"
An American Guesser Oct.3, 1775

Offline Blkcat

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I wrote to Lee Terry urging him to oppose H.R. 45.  So far no response from him.

tonopah

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I called Adrian Smiths office and asked that he not support this HR45 junk.

Offline Blkcat

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I think I heard a news report that said the Blair Holt act was included in the stimulus bill passed yesterday by the House and the Senate.  I may have mis-heard (I sure hope so).  Does anyone know if this is true?

Offline Jay

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From what I can tell, sounds like this was just a rumor. I sure hope so.

Offline lefty

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Rumors and the Economic Stimulus Bill
 
Friday, February 13, 2009
 
We have been hearing many rumors, and receiving many inquiries, about "buried" provisions in the federal economic stimulus bill that would negatively affect our Second Amendment rights.  People have claimed the bill would designate interstate highways as national parks, or impose ammunition encoding and new ammunition taxes.  Fortunately, and contrary to what you may have heard, there are no provisions in this bill prohibiting firearms or ammunition anywhere, or for anyone.

The only reference in the bill to firearms is a provision authorizing funds for the Bureau of Alcohol, Tobacco, Firearms and Explosives' (BATFE) "Project Gunrunner," which is a program that enforces existing laws to reduce smuggling of firearms from the United States to Mexico.  This program imposes no new restrictions on gun owners, and if it did, we can assure you we would take swift action.

Needless to say, NRA, as a single-issue organization, takes no position on the economic stimulus legislation as a whole.

For more information and to view the legislation yourself, you can visit http://www.readthestimulus.org/.  The site features a convenient search function and covers every version of the legislation.


 
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Offline Blkcat

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I wrote to Congressman Lee Terry regarding this bill.  Here is his response:
--------------------------------------------------------------------------------------
           Thank you for writing to share your strong support for the Second Amendment to the U.S. Constitution, and to voice your opposition to any potential attempts to undermine this vital Constitutional right.  Like you I strongly support the second amendment and am opposed to legislation designed to unreasonably limit the ownership or use of firearms.
           Congressman Bobby Rush of Illinois introduced the Blair Holt's Firearm Licensing and Record of Sale Act (H.R. 45) on the first day of the 111th Congress, January 6, 2009.  This bill establishes a firearms licensing system and limits the ability of lawful firearms owners to transfer or receive firearms to or from individuals without a license.  It also requires Attorney General of the United States to establish and maintain a federal record of sale system.

The bill would also impose an onerous requirement that all individuals possessing a firearm report the loss or theft of a firearm to the U.S. Attorney General as well as to local law enforcement officials.  Finally, the law requires holders of firearms licenses to report any address change to the U.S. Attorney General within 60 days.  I am especially concerned that this legislation would create a national registration system for firearms ownership.  I believe that these are all intrusive, burdensome regulations intended to harass law abiding citizens, and which will do little to protect law abiding citizens from criminals who already operate outside the law.  Please be assured I will do everything I can to oppose this law.

            Many constituents have contacted me about possible changes in firearms legislation that the Obama Administration may pursue.  On February 26, 2009, U.S. Attorney General Eric Holder stated that ". As President Obama indicated during the campaign, there are just a few gun-related changes that we would like to make, and among them would be to reinstitute the ban on the sale of assault weapons.  According to CBS News, during the Presidential Campaign, then-Senator Obama also promised to push for "childproofing guns" and said he wanted to close the so-called "gun show loophole," which permits sales of firearms at gun shows.  I believe it was appropriate to let the so-called assault weapons ban, imposed by the Democrat Congress and President Clinton, expire at the end of its 10 year authorization.  I also am concerned about limiting the ability of law abiding Americans to purchase firearms at gun shows and any possible regulations which would infringe upon this ability.

           I have consistently defended this right and will continue to do so in the future.  In fact, I am a co-sponsor of The Citizens' Self-Defense Act (H.R. 17) which states that a person not prohibited from receiving a firearm under the Brady Handgun Violence Prevention Act shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family during the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person.   The bill also allows individuals whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any state, or any person for damages, injunctive relief, and such other relief as the court deems appropriate.
 
           Please be assured that I am strongly committed to defending the Second Amendment's protection of an individual's right to keep and bear arms.  Thanks again for contacting me on this important issue.
 
 

Sincerely,

LEE TERRY
Member of Congress
11717 Burt Street, Suite 106
Omaha, NE  68154
Phone: 402-397-9944
http://leeterry.house.gov

Offline Dtrain323i

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Just for a little background. IIRC, Blair Holt was some kid who got shot on a bus in Chicago a few years ago. His father is or was a Chicago Cop. So Bobby Rush went and wrote this federal legislation because of something that happened in Chicago.

Offline huskergun

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Anybody know what the status of this very dangerous bill is?
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.
Thomas Jefferson




No Free man shall ever be debarred the use of arms.
Thomas Jefferson.

Offline Randy

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Anybody know what the status of this very dangerous bill is?
Last Action: Feb 9, 2009: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Mar 10, 2009 11:59 AM - Wouldn't this bill violate the the Firearms Owners' Protection Act of 1986 ? -
Answered by a visitor on Mar 11, 2009 6:39 PM - HR 45 will completely nullify the Firearms Owner's Protection Act of 1986. This is gun registration, which it a precursor to confiscation.

http://www.govtrack.us/users/questions.xpd?topic=bill:h111-45
Let us never forget 9.11.01
 "She Never Begins An Attack, Nor When Once Engaged, Ever Surrenders:"
An American Guesser Oct.3, 1775

Offline whammy

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Anybody know what the status of this very dangerous bill is?
Last Action: Feb 9, 2009: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Mar 10, 2009 11:59 AM - Wouldn't this bill violate the the Firearms Owners' Protection Act of 1986 ? -
Answered by a visitor on Mar 11, 2009 6:39 PM - HR 45 will completely nullify the Firearms Owner's Protection Act of 1986. This is gun registration, which it a precursor to confiscation.

http://www.govtrack.us/users/questions.xpd?topic=bill:h111-45

For those of us that can't figure out how to navigate to these bills, here's the text that's applicable to FOPA1986, specifically, from the proposed bill HR45, Section 202 (c):  Elimination of Prohibition on Establishment of System of Registration- Section 926(a) of title 18, United States Code, is amended by striking the second sentence.

The second sentence of 926(a) title 18 that would be struck from law reads:  No such rule or regulation prescribed after the date of the enactment of the Firearms Owners? Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.

Blasting that sentence away opens the door to whatever silly registration schemes that can be imagined.  Thankfully this is still stuck in committee.

Guten Tag mein Herr. Papiere jetzt!  <sarcasm, kind of>

FYI committee members can be found here:

House Judiciary

http://www.govtrack.us/congress/committee.xpd?id=HSJU

Perhaps these are worth noting as a glimmer of light on a gloomy day:

http://thomas.loc.gov/cgi-bin/query/z?c111:H.CON.RES.71:

http://thomas.loc.gov/cgi-bin/query/z?c111:h.res.351:

Offline DJPeter

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I just received an email that linked snopes.com to H.R.45 section 202. By appearances the bill is still on a active roll. Does anybody know the current status of the bill?

 http://www.snopes.com/politics/guns/blairholt.asp

"A well regulated militia, composed of the body of the people, trained in arms, is the best most natural defense of a free country".
James Madison

Offline armed and humorous

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It appears the last action on HR45 was when it was referred to the Subcommittee on Crime, Terrorism, and Homeland Security on Feb. 9th.  I can find no record since that time of their ever having discussed HR45.  If party affiliation means anything, the committee chairman is a Democrat, and there are 9 more democrats than republicans.  They apparently don't publish the upcoming schedule as of yet so don't know if, or when it will come up for discussion.
Gun related issues are, by nature, deadly serious.  Still, you have to maintain a sense of humor about them.

Offline FarmerRick

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We have to be prepared for anything.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline DJPeter

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"Senate Bill SB-2099 will require us to put on our 2009 1040 federal tax form all guns that you have or own. It may require fingerprints and a tax of $50 per gun."


The reason for my concern is the comment above that was forwarded to me. Is there a new bill called SB-2099?
"A well regulated militia, composed of the body of the people, trained in arms, is the best most natural defense of a free country".
James Madison

Offline FarmerRick

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nope, that died years ago, check it on snopes.  It seems to be going around in emails again.

sb 2099 and hr45 are in no way related.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline DJPeter

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Thank you. It would have been embarrassing if I had complained about it to our Congressmen. 
"A well regulated militia, composed of the body of the people, trained in arms, is the best most natural defense of a free country".
James Madison

Offline armed and humorous

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Urban legend circulating since the turn of the century.  I find one of the most valuable tools in checking hard to believe or outrageous stories such as this is to go to the Urban Legends web site.
http://urbanlegends.about.com/library/weekly/aa091900a.htm
Gun related issues are, by nature, deadly serious.  Still, you have to maintain a sense of humor about them.

Offline Randy

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No SB-2099 is old news and a Hoax.
Let us never forget 9.11.01
 "She Never Begins An Attack, Nor When Once Engaged, Ever Surrenders:"
An American Guesser Oct.3, 1775

Offline Toster

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http://urbanlegends.about.com/library/weekly/aa091900a.htm  SB-2099 looks dead.  HR 45 has been dead for quite some time....STOP PASSING ALONG THE EMAILS! 

Ok,  I know some of us sit at the reloading bench for quite some time "working" on things.  I have really enjoyed listening to Tom Gresham's "Gun Talk" radio.  You can download it and play it on a PC or IPod when reloading or whatever.  I haven't found a local station that carries it, but Tom will keep you up to date on all of these bills and what their up to next.  http://www.guntalk.com/site.php  Check it out, kind of neat.