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Post by bchevy on Feb 9, 2009 20:31:44 GMT -4
PUN INTENDED
The following is a summary of the bill as provided by the Congressional Research Service. If you read the whole bill, you'll find it will effectively preclude the ownership of ANY firearms by law-abiding people unless licensed by the Attorney General.
Congressional Research Service Summary
The following summary was written by the Congressional Research Service, a well-respected nonpartisan arm of the Library of Congress. GovTrack did not write and has no control over these summaries.
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.
"The most foolish mistake we could possibly make would be to allow the subjected people to carry arms; history shows that all conquerors who have allowed their subjected people to carry arms have prepared their own fall." - Adolf Hitler
"Both oligarch and tyrant mistrust the people, and therefore deprive them of their arms." - Aristotle, Politics Ch 10 para 4.
"1935 will go down in History! For the first time, a civilized nation has full gun registration! Our streets will be safer, our police more efficient and the world will follow our lead to the future!" - Adolf Hitler
"If the opposition (citizen) disarms, well and good. If it refuses to disarm, we shall disarm it ourselves." - Josef Stalin
"Political power grows out of the barrel of a gun." - Mao Tse-tung
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Post by RobMoore on Feb 9, 2009 21:15:20 GMT -4
I think they overshot their mark with this bill. They went WAY overboard, and as such I don't see it getting passed. Good for us.
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Post by bluecrabber on Feb 9, 2009 21:35:53 GMT -4
Where will the office be located for the criminals to get their licenses?
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Post by bchevy on Feb 9, 2009 22:05:31 GMT -4
Where will the office be located for the criminals to get their licenses? ;D
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Post by RobMoore on Feb 10, 2009 8:04:59 GMT -4
That is not a building I'd want to work in or next to.
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Post by AquaHolic on Feb 10, 2009 8:14:13 GMT -4
I think they overshot their mark with this bill. They went WAY overboard, and as such I don't see it getting passed. Good for us. Rob...I hope you are right. I told my husband last night...if he wants to get anymore guns we should do it now before we are not able to do it... For some reason which is totally lost to me the lawmakers think its the law abiding community that is the issue with the guns...Do they really thing a criminal is going to stand inline to get a permit...its just stupid. Barb
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Post by linda712 on Feb 10, 2009 10:33:47 GMT -4
ditto! first thought in my mind, also.....incredible. maybe we should riot....
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Post by Deleted on Feb 10, 2009 10:53:36 GMT -4
Don't you already have to get some sort of license for handguns in the state of MD?
I have several handguns purchased from dealers. I had never purchased a gun from a private seller. A couple of years ago, I purchased from a retired MSP trooper one of the baretta 9mm the MSP (stamped on barrel) they use to use. I contacted the centreville barrack, they reviewed the legal process for purchasing a controlled handgun. I attended a small class from a retired BCPD officer in Tolchester, watched a video, filled on some paperwork, and it was done.
It was easier then getting a drivers license. Not much different than getting a fishing license, building permit, etc.
I think there should be some controls on handguns, But, not a total ban. Besides, it would never happen in the country. There would be a revolt and anarchy if it was tried. Gun ownership is a part of our lives in the US.
PS. a little trivia: The US has the highest % of gun owners in the world. Guess who is #2........Yemen, yeah that lawless country where the USS Cole got blown up. The other countries in the top ten aren't much better than Yemen either. If we make it to hard to get a gun, we might drop of the top of the list and we like being #1 in everything.
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Post by emsguru on Feb 10, 2009 12:33:40 GMT -4
PS. a little trivia: The US has the highest % of gun owners in the world. Guess who is #2........Yemen, yeah that lawless country where the USS Cole got blown up. The other countries in the top ten aren't much better than Yemen either. If we make it to hard to get a gun, we might drop of the top of the list and we like being #1 in everything. The only things the US is number one in any more are bad things. Such as violent crimes, murders, etc. We are very behind in things like healthcare, education. The things that really matter.
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Post by RobMoore on Feb 10, 2009 23:13:32 GMT -4
We are behind in things like healthcare depending on HOW you judge it. Judge it based on how many people have it free or at low personal cost, then yes, we are behind. Judge it based on quality and expediency of being served, then we are a real contender for the lead.
No, MJ, no license is required to buy a handgun.
#1 For things like shotguns, and non-regulated rifles (normal un-scary looking things most people hunt with) you go to the dealer, fill out the form, he calls in the info to NICS, they check to see if you are prohibited from buying (criminal history, ect). If not, you pay the money and leave with the gun, that day.
#2 For all handguns and some regulated rifles (scary looking ones like the AK47, AR-15, M1A) you have to fill out more paperwork, have the MSP do the background check, wait 7+ days (for every purchase, not just the first one), then transfer the gun and take it home. The law requires 7 days from the date the paperwork is submitted. If the dealer has not been told by the MSP by then to DISAPPROVE the purchase, he may transfer it. Most dealers wait until they hear back, no matter if it takes 7 days or 4 weeks.
The requirements to buy, other than clean (enough) criminal history, include having some form of training. Military, Police, and some other formal training validate you from having to sit through a 30 minute video the state mandates all new buyers see.
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Post by Deleted on Feb 11, 2009 0:07:21 GMT -4
Robmoore, obviously you know a lot about this. But, you didn't mention anything about buying a handgun from a private seller (not a dealer). I had to do the things I stated to make it a legal transaction and be the registered owner. I can't find it, but I got a card. It looked like a license, maybe that's not the right term. It had my name on it and was signed by the guy who did the class.
I did exactly what the MSP told me I had to do. This was around 2001 or 2002. My other gun purchases were in the 80' and early 90's at MD new gun dealers.
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Post by deputy on Feb 11, 2009 7:11:06 GMT -4
I think your card is just from the gun class, I'm not sure if or why that class was required? Private sales of handguns must go through the MSP or a licensed dealer. Handguns are supposed to be registered Private long guns sales are not monitored as tightly, YET. I believe they are still registered when you buy them new, I could be wrong. WHY Should handguns be more closely controlled? ? Where do the criminals and thugs register their guns? Hmmmm? Wake up people. As bchevy says: SHALL ISSUE!
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Post by RobMoore on Feb 11, 2009 8:00:28 GMT -4
Correct, private sales of handguns may either go through a dealer (who will charge anywhere from $25-60 for his troubles), where the paperwork still goes through the MSP, or you can just go straight to an MSP barrack, do the paperwork there, and only pay the $10 fee.
I don't know anything about a "card" because I never had to sit through the video. I imagine the card is a "graduation" certificate of the class. I've bought 5 handguns withing the past 2-3 years, and each time for me anyway, it was paperwork in, wait a week, pick up gun.
Private long gun sales, as far as I know, are not regulated. Buyer pays Seller, gun changes hands, no paperwork.
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Post by bluecrabber on Feb 11, 2009 8:36:17 GMT -4
Actually, while not specifically identified as a license, (clever ploy by the anti gun politicians in Maryland), you must have and carry a card that is a Firearms Safety Training Certificate issued by the Maryland Police Training Commission. You must have this card to buy a handgun in MD.
You have to take a firearms safety training course to get the card. You must carry the card at all times with a handgun. You cannot buy a handgun in Maryland without the card.
If you want to buy a handgun in MD, you have to fill out a bunch of forms, wait for approval from the NICS and the MD State Police, which usually takes about 10 days, and only then can you buy your handgun. And then, you have to wait another month if you want to buy another one. You cannot buy or receive more than one handgun a month in MD.
And, every handgun sold in MD must be supplied with TWO locks. One an internal disabling locking mechanism, and the second an external trigger lock or cable lock through the open action.
Next, if you want a really good laugh, try to get a concealed carry permit in MD. I did one time and the State Police Sergeant at the Easton Barracks laughed out loud at me...
Some people think there is nothing wrong with requiring people to have a license to own a gun. Wrong. The anti gun politicians and municipalities can establish all kinds of license requirements and fees that essentially make private ownership of handguns impossible.
Licenses, taxes on ammunition, restrictions on how many guns you can buy, what kind you can buy, where you can take it are all measures intended to wipe out private ownership of guns in America.
Admiral Yamamoto: "We would be annihilated if we invaded the U.S. homeland, most of their citizens have firearms".
Anne Arundel criminal: "I ain't going across the bridge to make a hit, all them daggone rednecks over there have guns and big dogs".
As I said above, how many people will be standing in the "licenses for criminals" line at the new govt office for gun licenses?
In every free country in the world where private ownership of firearms has been banned or restricted, crime against statistics have gone up. Search the web for stats on crime in England and Australia since their firearms bans went into effect over the last couple decades. Crime went through the roof in both places.
Consider the door to door salesman... looks in the yard of the house that has a snarling pit bull looking back at him. In the yard next door is a kitty kat laying on the porch step. Which homeowner do you think he will solicit?
Best regards, Glenn PS, great burglar deterrence: 1) Muddy boots on the porch. 2) NRA sticker on the front door 3) Giant dog dish sitting on the porch next to the boots.
On Second Amendment issues, the Free State of Maryland has seriously violated your rights..
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Post by Frank on Feb 11, 2009 10:12:47 GMT -4
You are right there, BC. I tried to get a carry permit for my business in Laurel. I carried a lot of cash everyday. The state police barracks in Pikesville told me there was no way I was ever going to get a carry permit. However, I was also told as a business owner, if I got caught with a gun, there would be very little consequenses. Of course, things were a lot different in the 80's. When we moved to Georgia, I applied, and 45 days later I had my permit.
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Post by Deleted on Feb 12, 2009 0:13:46 GMT -4
Actually, while not specifically identified as a license, (clever ploy by the anti gun politicians in Maryland), you must have and carry a card that is a Firearms Safety Training Certificate issued by the Maryland Police Training Commission. You must have this card to buy a handgun in MD. You have to take a firearms safety training course to get the card. You must carry the card at all times with a handgun. You cannot buy a handgun in Maryland without the card. That's what is was called, a "Firearms Safety Training Certificate". Thanks for clearing that up Bluecrabber. I'll find mine one day when they come knocking on my door to see it. ;D
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Post by RobMoore on Feb 12, 2009 7:52:50 GMT -4
What does the card look like? How much of your info is on it?
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Post by bluecrabber on Feb 12, 2009 8:51:58 GMT -4
It is the size of a driver's license.
Maryland Police Training Commission Firearms Safety Training Course Certificate of completion No. nnnnnnnn
Your Name
Signature block ____________________
Date of birth. has completed firearms safety training course on Date____ which meets the requirements of Public Safety Article $ 3 208 (d) of the Annotated Code of Maryland.
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Post by shoreterp on Feb 12, 2009 14:01:19 GMT -4
Actually, while not specifically identified as a license, (clever ploy by the anti gun politicians in Maryland), you must have and carry a card that is a Firearms Safety Training Certificate issued by the Maryland Police Training Commission. You must have this card to buy a handgun in MD. You have to take a firearms safety training course to get the card. You must carry the card at all times with a handgun. You cannot buy a handgun in Maryland without the card. I don't believe that is true. Nowhere have I seen a requirement that you "carry the card at all times with a handgun". All the card does is verify that you completed the firearms safety training and gives you a number that you put down on your application when buying a regulated firearm. I lost my card immediately after I got it but I've never had to produce it when buying a regulated gun. I just get the number off my last application and bring it to me when making a purchase. I'm as pro-2A as they come but I think your characterization of the firearms training certificate is a little off base. Although I generally don't like these sorts of requirments for firearms purchases I have to say the MSP video had a lot of good safety information in it that could be useful to a novice handgun owner.
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Post by bluecrabber on Feb 12, 2009 17:45:37 GMT -4
Hmmmm... you may be right on not needing to carry it with you when you have a regulated firearm .. but, and I can't find the specific reference now, I recollect being told or read somewhere that if you are carrying a regulated firearm that you better be able to produce the Firearms Safety Training card.
Now considering the paranoia in this state about private ownership of firearms, it makes sense this is true.
As far as buying a regulated firearm without the safety training certificate, I guess if you can remember the number on the card maybe they can check through the computer systems. But, my guy feeling is most gun owners would not sell you one without the card. That is what the law says.
Maryland does not have a sense of humor in these matters. If you live in the area, stop in Chesapeake Guns in Stevensville and ask the lady who owns the store. She knows!
Best regards, BC
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Post by RobMoore on Feb 12, 2009 18:21:29 GMT -4
Well, she once that told me she had to charge me sales tax on the purchase price of a gun I bought online and wanted to have shipped to her for transfer. So I went with a dealer who knew better.
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Post by shoreterp on Feb 12, 2009 18:23:59 GMT -4
I may retake the training online just to get the card but so far I haven't needed it.
Just this past Tuesday I went to the State Police barracks down in Chuck County to do the paperwork on a private gun sale. I was the buyer, he the seller. The Sargent at the desk asked if I had taken the training and if I had the card. I said I had lost the card long ago but I had saved my number and put it on the application. He accepted that.
Now the next guy might not accept just the number, so like I said I'll probably retake it. But it's definitely not a card you need to have on you every time you use a handgun. If you have a concealed carry permit, that is what you need to have on you if you carry. If you are just at the range, you do not need to have the training card on you.
But it sounds like you and I are on the same side of this issue. I agree with what you are saying about the gun paranoia in this state and some gun shops will want to see the actual card to cover their asses.
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Post by shoreterp on Feb 12, 2009 18:27:05 GMT -4
Well, she once that told me she had to charge me sales tax on the purchase price of a gun I bought online and wanted to have shipped to her for transfer. So I went with a dealer who knew better. Same deal here. Chesapeake Guns is one of the worst shops I have been to in terms of customer service. I wanted to buy a gun from a friend and they were going to charge me $75 plus sales tax. That is complete bull turds. It was bait and switch. They even said, "it would be better just to buy the gun new from us than to do the transfer" That was the last time I went to that shop. Their prices on their in-stock guns are high as well.. If you need a great local dealer for transfers talk to Joe thingyey at Corsica Coatings in Centreville. Great guy and he knows his stuff. >>>Ha! That's hilarious. The system changed Joe's last name to "thingyey". That's funny as hell. Joe's last name is Dic_key
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Post by RobMoore on Feb 13, 2009 8:00:01 GMT -4
^ Joe is my go-to guy for transfers.
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Post by shoreterp on Feb 13, 2009 8:41:45 GMT -4
^ Joe is my go-to guy for transfers. I figured you knew about Joe from the MDShooters site but just wanted to make sure. Joe's good people.
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