HR 45 Firearm Licensing and Record of Sale Act of 2009

[ColdWater]

I guess this means you'll need a Federal license to legally buy a firearm.

H.R.45
Firearm Licensing and Record of Sale Act of 2009


Sponsor: Rep Rush, Bobby L. [IL-1] (introduced 1/6/2009)
Latest Major Action: 1/6/2009 Referred to House committee.

SUMMARY AS OF: 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.

Bill HR 45 http://www.rightparty.org/

[ColdWater]

SEC. 102. APPLICATION REQUIREMENTS.

(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.

http://www.rightparty.org/

[Lars Ragnarsson]

Just the opening barrage on the 2nd Amendment. These liberals in Congress think they have a mandate now that the Messiah has been elected POTUS. They've learned they can't kill the 2nd Amendment outright, so they'll try all kinds of end-runs to strangle it slowly. They'll tie up the purchasing process with so much bureaucracy and regulations that buying a firearm will be so time-consuming and invasive to one's privacy that most folks will just say "hell with it." Not to mention the defacto registration system a bill like this will create.

I can hear all the bitching now about how contacting your Congress-critter is a waste of time, but it's the first step. Fax or email the POS and remind them of what happened with the mid-term elections during BJ Clinton's first term. Put the bastards on notice that we won't take this lying down.

F**kin A$$holes!

[gangsta99]

Well I need to purchase at least 1 more handgun and would like to get 2 more rifles and 1 more shotgun. I better get moving. I know where my tax return this year is going, I also hope Barky gives us some sort of stimulus check by June and I have time to spend that on boomsticks also.

[grinningdog]

One of the many reasons I voted for John McCain and republican congressmen. Hope all you Paul and Dem voters will be happy when things like this come to pass.

[mayhem]

Anyone who is reading this and doesn't own guns needs to cancel their internet access right now and use the money to buy guns with.

What'cha been thinking?????

[Twisted Avatar]

Originally Posted by Lars Ragnarsson

Just the opening barrage on the 2nd Amendment. These liberals in Congress think they have a mandate now that the Messiah has been elected POTUS. They've learned they can't kill the 2nd Amendment outright, so they'll try all kinds of end-runs to strangle it slowly. They'll tie up the purchasing process with so much bureaucracy and regulations that buying a firearm will be so time-consuming and invasive to one's privacy that most folks will just say "hell with it." Not to mention the defacto registration system a bill like this will create.

I can hear all the bitching now about how contacting your Congress-critter is a waste of time, but it's the first step. Fax or email the POS and remind them of what happened with the mid-term elections during BJ Clinton's first term. Put the bastards on notice that we won't take this lying down.

F**kin A$$holes!

That will yeild NOTHING ........these bastards have two long years to run rough shod over the 2nd ammendment by time mid terms come back around we will need to get NICS checks for slingshots.


The only plan that is worth anything is buy every gun/ammo and mag RIGHT NOW.

It will not get any better for us

[morganchaser]

Originally Posted by Twisted Avatar

That will yeild NOTHING ........these bastards have two long years to run rough shod over the 2nd ammendment by time mid terms come back around we will need to get NICS checks for slingshots.


The only plan that is worth anything is buy every gun/ammo and mag RIGHT NOW.

It will not get any better for us

Something tells me the sell outs who get kicked to the curb in 2 years will fall in to a cushy lobbying or consulting job.

[JJ_]

Originally Posted by morganchaser

Something tells me the sell outs who get kicked to the curb in 2 years will fall in to a cushy lobbying or consulting job.

if they dont wind up takin dirt-naps first.

[gangsta99]

Just got done reading the thread on this over on AR15.com. Wow. They are going crazy over this one already. Damn right to be though.

I don't think this will go anywhere in congress, but as others stated over there this is kind of just blowing smoke up our asses for when something that seems like less, but is more well defined will go through congress screwing our 2nd amendment rights.

[Lars Ragnarsson]

Originally Posted by Twisted Avatar

That will yeild NOTHING ........these bastards have two long years to run rough shod over the 2nd ammendment by time mid terms come back around we will need to get NICS checks for slingshots.

Oh, I'm not so delusional to think that these bastards still represent us (though my Rep in the House is actually pretty decent.)

Originally Posted by Twisted Avatar

The only plan that is worth anything is buy every gun/ammo and mag RIGHT NOW.

It will not get any better for us[/B]

The other bullshit I posted was Plan B. What I've highlighted in your quote is my Plan A, and I've been following it religiously since this time last year....

[SilverCity]

.........................

[platinumdude]

If this ever passed. Only fools would register or apply for that license. First this, now they know you have it, and they can tax you on it. Then later they will try to take it away.

[EE_]

Is this an updated version of the story?

http://www.wnd.com/index.php?fa=PAGE.view&pageId=86039


WEAPONS OF CHOICE
Big Brother's new target: Tracking of all firearms
'This is nothing less than a declaration of war on American gun owners'

Posted: January 13, 2009
10:08 pm Eastern


By Drew Zahn
© 2009 WorldNetDaily



Rep. Bobby Rush, D-Ill.

U.S. Representative Bobby Rush, D-Ill., is hoping to pass a firearm licensing bill that will significantly rewrite gun ownership laws in America.

Among the more controversial provisions of the bill are requirements that all handgun owners submit to the federal government a photo, thumb print and release of mental heath records. Further, the bill would order the attorney general to establish a database of every handgun sale, transfer and owner's address in America.

The bill claims its purpose is "to protect the pubic against the unreasonable risk of injury and death associated with the unrecorded sale or transfer of firearms to criminals and youth."

Get "Shooting Back," the incredible DVD that shows once and for all why you should be packing heat for the protection of yourself and your loved ones, only from WND!

Columnist David Codrea of Guns Magazine, however, calls it a "ridiculous affront to liberty."

"This is nothing less than a declaration of war on American gun owners," Codrea writes on Gun Rights Examiner.


Rush's proposed bill, H.R. 45, is alternatively known as "Blair Holt's Firearm Licensing and Record of Sale Act of 2009," named after an Illinois teenager killed by a gunshot.

According the bill's text, "On the afternoon of May 10, 2007, Blair Holt, a junior at Julian High School in Chicago, was killed on a public bus riding home from school when he used his body to shield a girl who was in the line of fire after a young man boarded the bus and started shooting."

The bill then argues that interstate firearm trafficking and children dying from gun violence create legitimate cause for the federal government to monitor gun ownership and transfers in new ways.

If passed, the bill would make it illegal to own or possess a "qualifying firearm" – defined as any handgun or any semiautomatic firearm that takes an ammunition clip – without a "Blair Holt" license.

To obtain a "Blair Holt" license, an application must be made that includes a photo, address, all previous aliases, thumb print, completion of a written firearm safety test, release of mental health records to the attorney general and a fee not to exceed $25.

Further, the bill makes it illegal to transfer ownership of a qualifying firearm to anyone who is not a licensed gun dealer or collector. Exceptions to this rule include transfer to family members by gift or bequest and loans, not to exceed 30 days, of a firearm for lawful purposes "between persons who are personally known to each other."

The bill also requires qualifying firearm owners to report all transfers to the attorney general's database. It would also be illegal for a licensed gun owner to fail to record a gun loss or theft within 72 hours or fail to report a change of address within 60 days.

And if a minor obtains a weapon and injures someone with it, the owner of the gun – if deemed to have failed to meet certain safety requirements – faces a multiple-year jail sentence.

H.R. 45 is a resurfacing of 2007's H.R. 2666, which contained much of the same language and was co-sponsored by 15 other representatives and Barack Obama's current chief of staff, Rahm Emmanuel. H.R. 2666 was assigned to the House Judiciary committee, where no action was taken.

[GoldWampum]

Currently collecting along with accessories.

[StrawMan=Corporation]

Some more linkage on this bill.

http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.45:

[The Argent Dragon]

SEC. 102. APPLICATION REQUIREMENTS.

Did you catch how often the Atty Gen is mentioned and how the Atty Gen will regulate everything ? .......sheesh, like Eric Holder needs any help with this.

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.

Also, isn't this about equal or worse than acquiring a Class III full-auto weapon with permission, pics, and fingerprints ?!?!

[The Argent Dragon]

HR 2666 was the previous name.....

Blair Holt's Firearm Licensing and Record of Sale Act of 2007

To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.

previous 110th session of congress Other Bill Titles (2 more)Hide Other Bill Titles

• Official: To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes. as introduced.
• Short: Blair Holt's Firearm Licensing and Record of Sale Act of 2007 as introduced.

6/11/2007--Introduced.
Blair Holt's Firearm Licensing and Record of Sale Act of 2007 - 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.


... morehide bill summarySee Full Bill Text


http://www.opencongress.org/bill/110-h2666/show

[californiaprospector]

Originally Posted by EE_

"This is nothing less than a declaration of war on American gun owners," Codrea writes on Gun Rights Examiner.

Oh, shut up, Codrea...if it's really a declaration of war, what do you plan to do about it? Talk, yeah, that's right.

Same big talk as in South Africa in 1994.

This country is %$#*ing doomed...it's going to die, not with a bang, but a whimper.