Senate Gun Grab Bill Could Be More Disastrous Than Feinstein Bill

Senator Patrick Leahy (D-VT) introduced S. 54 on January 22, 2013. The bill, titled Stop Illegal Trafficking in Firearms Act of 2013, is a cleverly disguised gun grab. How so? According to Gun Owners of America (GOA) the bill "could end gifts and raffles of firearms, and possibly 'necessitate' gun licensure across the country."

GOA's Michael Hammond writes,

At its core, Section 3 would send a person to prison for 20 years if you ATTEMPTED or PLANNED (“conspired”) to buy a firearm as a gift for another person or to conduct a raffle of a firearm, and negligently failed to note that the gift recipient or the winner of the raffle was, for instance, a veteran with PTSD who had been placed by the Department of Veteran Affairs onto the NICS list.

Note that you don’t have to actually transfer the firearm to go to prison for 20 years, nor do you have to know that the proposed recipient is a prohibited person. It is enough that you acted negligently, that you planned to gift or raffle the firearm, and that you engaged in one “overt act” necessary for conspiracy to take effect (e.g., getting in your car to drive to the gun shop).

In fact, the veteran or “prohibited person” doesn't even have to be on the NICS list and doesn't have to know they are a prohibited person. A marijuana smoker is a “user of ... [a] controlled substance.” If you buy a gun with the intention of gifting or raffling to one of those, you can go to prison for 20 years, be subject to draconian forfeiture provisions (933(a)), be prosecuted and sued under RICO (933(c)), and be prosecuted for money laundering (933(d)). In other words, unless you're “feeling lucky,” the bill would effectively outlaw gifting and raffling firearms.

Finally, buying a gun for any other person -- even though it’s perfectly legal for him to own a gun -- is illegal under all circumstances except for a gift or a raffle. Hence, if a person buys an AR-15 in another state where he has a vacation home (under 18 U.S.C. 922(b)(3)) and leaves it with a friend in that state for safekeeping -- 20 years.

But there are other issues in the bill.

For instance Section 5 could theoretically prohibit anyone in the country from owning a firearm without a license. Yes, it's bizarre to say the least.

The text of Section 5 reads,

Section 922(d) of title 18, United States Code, is amended--

(1) in paragraph (8), by striking `or' at the end;

(2) in paragraph (9), by striking the period at the end and inserting `;'; and

(3) by striking the matter following paragraph (9) and inserting the following:

`(10) is prohibited by State or local law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm or ammunition;

`(11) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (10); or

`(12) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law.

This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.'.

So if you are a person who is prohibited by State or local law from possessing a firearm, according to the emphasized portion of the legislation, you are also banned by federal law and presumably it would be mandated that you were placed in the NICS system.

I suppose the laughable part of the legislation is Section 7, which deals with someone who "smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 10 years, fined under this title, or both."

I'm guessing this would apply to the Obama Justice Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Eric Holder and many subordinates, maybe even Barack Obama himself. Yeah, I'm not holding my breath on that one.

GOA also pointed out, in an action alert, that "Gun Owners of America today submitted testimony at the request of the Ranking Member of the Senate Constitution Subcommittee. GOA took a strong stance against all the gun control legislation on the table and urged the Senate to put forth real solutions to school violence -- like letting teachers and principals protect their students."

The pro-Second Amendment group also warns,

The Judiciary Committee bill will probably not contain the Feinstein semi-auto gun ban, and it may or may not have a magazine ban which would render most of the nation's guns unusable, at least for the foreseeable future.

But the Judiciary Committee bill will almost certainly ban all private sales of firearms -- or any private exchange where the gun buyer does not first get permission from the FBI. And it’s this background check requirement that will inevitably set up a framework for a universal gun registry.

The Leahy bill will most certainly have a "gun trafficking" section that is based on other legislation (S. 54) that he’s already introduced. This would turn everyone who lives under repressive state gun laws into a federal "prohibited person," as well. Hence, if your state requires a license to possess a gun, you would also become a federal prohibited person. Oh, and the Leahy bill would also send you to prison for 20 years for unknowingly selling a firearm to a marijuana user. So, the next time you're thinking of selling a gun, all we can say is: "Are you felling lucky?"

Anyway, here's Harry Reid's strategy: He has at least eleven Democratic senators running for reelection in pro-gun states in 2014 -- and they don't want to SEEM anti-gun. The eleven Democratic senators in pro-gun states are: Mark Begich (Alaska), Mark Pryor (Arkansas), Mark Udall (Colorado), Mary Landrieu (Louisiana), Al Franken (Minnesota), Max Baucus (Montana), Jeanne Shaheen (New Hampshire), Tom Udall (New Mexico), Kay Hagan (North Carolina), Tim Johnson (South Dakota), and Mark Warner (Virginia).

All of these Democrats will vote for the national gun registry and gun licensure. And, in exchange, Reid will allow them to vote against the Feinstein gun ban, which will be the sacrificial lamb to the more important gun control which Democrats really want.

The solution to the wave of gun control legislation is simple. GOA concludes, "First, we cannot allow one word of gun control to move to the Senate floor; not one word."

"Second, the way we keep gun control from reaching the Senate floor is to defeat the “motion to proceed” to the Leahy Bill," GOA adds. (The “motion to proceed” is usually offered by the Senate Majority Leader -- in this case Harry Reid -- to bring up a bill for consideration. The Senate quite often brings up legislation under a Unanimous Consent agreement, but if there is not unanimity, the “motion to proceed” can usually be debated, if not filibustered.)

Contact your representatives and send them a message that you oppose any and all gun control legislation here.

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  • 10Wheeler

    The reference to banning all private sales reminds me: that is what California does; you have to sell the gun to a dealer for resale. If the buyer doesn't qualify and state records are wrong then lotsa luck trying to get your property back! And California government is a raving insane asylum run by the inmates and it's so gerrymandered that five cities run the whole state: Los Angeles, Sacramento, San Diego, San Francisco and San Jose/Santa Clara.

  • Frank Conover

    If we lose our second amendment right we will have essentially lost America, and all those who died for her in order to keep her free.

  • mattzweck

    i don't want the gov't to take care of us i want to be protected from the gov't.

  • Greg137

    Want to know where satan is, just look for the insanity(to do the same thing over and over again, but expecting a different result.)! Yes, The devil is in Washington d.c. It has all the trademarks.. Non-stop lies and deception.. check... Constant efforts to empower tyranny.. Check.... Insane efforts to bring forth oppression... check... Produces strong elements designed to get rid of the the newborn/preborn and elderly...check.. The efforts to make the government a god to rule over the people... check... Doing the same things over and over again but expecting a different result... check. Efforts to legitamize illegitimate people... check.. Holding on to a brazen hostility to Christians and Jews alike without justifiable reason... check.. Brazen efforts to turn law abiding people into criminals through legislation, and back room deals... check, check and double check... Point is, We, as Americans, will have to stand strong and protect our freedoms! We as Christians must also keep ourselves vigilant to know that there is an enemy that seeks to destroy us, and that enemy also seeks to destroy our faith, for he knows his time is short! Keep your powder dry and God Bless!!

  • Viet Vet

    This is a time for concern, but do not panic, many things have to happen before this creates a problem of significant concern. Has S 54 been referred to committee? And if it has what are the chances of it getting out of committee for a floor vote?

  • Jessie

    Leahy is a kokksucker

  • 10Wheeler

    Well and good, S&W 460 but the last election was as crooked as a dog's hind leg. Example: Wood Coubty, OH is heavily Republican but the results in November showed zero votes for Romney (an impossibility) and more votes for Obummer than registered voters. That's just one of many examples. Voting machines were changing Romney votes lnto Obama votes and those who "doctored" the machines (actually the memory cards) didn't care who knew it.

    I don't listen to Obama's sprrches; all I ever want to hear from him is two words: "I quit!"