Another Gun Control Bill Passes the House

[Waitone]

Anyone out there heard of the latest? It is new to me and I watch this kind of legislation

Here is brief research on

Our Lady of Peace Act (I kid you not)
HR 4757--passed and sent to the senate

http://thomas.loc.gov/cgi-bin/bdquery/z?d107:HR04757:@@@D&summ2=m&
Summary of HR 4757.RH


S 2826 Our Lady of Peace Act--sponsored by Senators Schumer, Kennedy, and McCain

http://thomas.loc.gov/cgi-bin/bdquery/z?d107:s.02826:
S 2826.IS


Referred to Senate Judiciary Committee


NRA's Fax Alert
http://www.nra.org/frame.cfm?title=NRA Institute for Legislative Action&url=http://www.nraila.org

My Coments
From what I've been able to learn once over easy is the bill is designed to improve the performance of NICS for providing funds to the states for the collection and databasing of information pertaining to the system. There seems to be considerable interest in the mentally questionable.

No reference on the GOA website.

 

[MitchSchaft]

Ok, gimme a link to the reps that voted for it :banghead: . I got some writing to do.

 

[gun-fucious]

heres some TFL background:
http://www.thefiringline.com/forums/showthread.php?threadid=115824

Mrs. MCCARTHY of New York (for herself, Mr. DINGELL, Mr. KIRK, Mr.
CONYERS, Mr. MORAN of Virginia, Mr. GILMAN, Mrs. TAUSCHER, Mrs. MORELLA,
Mr. ANDREWS, Mrs. ROUKEMA, Mr. PASCRELL, Mr. CASTLE, Mr. CAPUANO, Mr.
FRANK, Ms. NORTON, Mr. MOORE, Ms. BROWN of Florida, Ms. WOOLSEY, Mr.
BLAGOJEVICH, Ms. CARSON of Indiana, Ms. SCHAKOWSKY, Mr. LANGEVIN, Mr.
MEEHAN, Mr. NADLER, Mrs. LOWEY, Mr. DAVIS of Illinois, Mr. HOEFFEL, Ms.
RIVERS, Mr. WEXLER, Mr. MCGOVERN, Mr. WAXMAN, Mr. ENGEL, Mr. FORD, Ms.
LOFGREN, Mr. HASTINGS of Florida, Mr. ISRAEL, Mr. WEINER, Ms.
ROYBAL-ALLARD, Ms. WATERS, Ms. JACKSON-LEE of Texas, Mr. TOWNS, Mr.
RUSH, Mr. CLAY, Mr. ROTHMAN, Ms. DELAURO, and Mr. SHERMAN) introduced
the following bill; which was referred to the Committee on the Judiciary

 

[Blackhawk]

Need to review how and what bills carry over from one Congress to the next, but I was sorta kinda thinking that they don't....

 

[Greg L]

Looking at that list that g-f posted, I was thinking that the amount of pollution that a small tactical nuke in the room that they were meeting in would produce would be offset by the freedom loving people of the country breathing a deep sigh of relief. Who's with me? Are you willing to suck in a bit of radiation to be rid of that bunch?

Charges of treason don't seem extreme at times....

Greg

 

[Wildalaska]

Could some one enlighten me as to whats wrong with the bill and why Larry Craig is sponsoring it?

 

[MitchSchaft]

whats wrong with the bill

Amends the Brady Handgun Violence Prevention Act...

How much more wrong can you get? They're adding to it! Is that not enough for you?

 

[Gordon]

Tyvek suits on, check, m37 green ring filters unsealed,check. All mentally unstable types(ie. all non liberals) exit right.

 

[Wildalaska]

Still looking for answers...

 

[MitchSchaft]

Read it and see what you come up with.

SUMMARY AS OF:
10/15/2002--Passed House, amended. (There is 1 other summary)
Our Lady of Peace Act - Title I: Transmittal of Records - (Sec. 101) Amends the Brady Handgun Violence Prevention Act to direct the head of each Federal agency: (1) to ascertain whether the agency has any records relating to persons for whom receipt of a firearm would violate Federal or State law and make the record available to the Attorney General for inclusion in the National Instant Criminal Background Check System (NICS); and (2) on being made aware that the basis under which a record was made available does not apply or no longer applies, to transmit to the Attorney General a certification identifying the record for removal from NICS.

Directs the Attorney General to notify Congress annually as to whether the Attorney General has obtained such information from each agency. Provides for the furnishing of such information to NICS electronically. Directs the Commissioner of the Immigration and Naturalization Service to cooperate in providing information regarding all relevant records of persons disqualified from acquiring a firearm under Federal law, including illegal aliens, visitors to the United States on student visas and tourist visas, to the Attorney General for inclusion in NICS (INS-related information).

(Sec. 102) Makes a State eligible to receive a waiver of the ten percent matching requirement for National Criminal History Improvement Grants under the Crime Identification Technology Act of 1988 if the State provides at least 95 percent of the INS-related information. Limits the length of the waiver to five years.

Lists information that the State shall make available to the Attorney General relating to each person disqualified from acquiring a firearm. Limits the uses for which the information may be accessed. Requires the State to certify that at least 95 percent of the relevant identifying information has been provided to the Attorney General.

Includes among disqualified individuals a person who has been convicted in any court of a misdemeanor domestic violence crime.

States that for purposes of this title, an adjudication as a mental defective occurs when a court, board, commission, or other government entity determines that a person, as a result of marked subnormal intelligence or mental illness, incompetency, condition, or disease: (1) is a danger to himself or to others; or (2) lacks the mental capacity to contract or manage his own affairs. Makes exceptions with respect to: (1) a person in a mental institution for observation or voluntarily committed to a mental institution; or (2) information protected by doctor-patient privilege.

Directs the Attorney General, for any information provided under NICS, to work with States and local law enforcement and the mental health community to establish regulations and protocols for protecting the privacy of information provided to NICS. Allows a State to designate records transmitted to be used only to determine eligibility to purchase or possess a firearm.

Directs the Attorney General to submit an annual report to the Senate and House Judiciary Committees on the progress of States in automating the databases and in providing information pursuant to Act requirements.

(Sec. 103) Requires the Attorney General to make grants to each State to establish or upgrade information and identification technologies for firearms eligibility determinations. Lists as permissible uses of grants: (1) building databases that are directly related to checks under NICS; (2) assisting States in establishing or enhancing their own capacities to perform NICS background checks; (3) improving final dispositions of criminal records; (4) supplying mental health records to NICS; and (5) supplying court-ordered domestic restraining orders and records of domestic violence misdemeanors for inclusion in NICS. Requires a State, as a condition of receiving a grant, to specify the projects for which grant amounts will be used and to use such amounts only as specified. Makes a State that violates this provision liable to the Attorney General for the full amount granted.

Prohibits the Federal Bureau of Investigation from charging a user fee for background checks pursuant to the Brady Act.

Title II: Focusing Federal Assistance on the Improvement of Relevant Records - Requires the Director of the Bureau of Justice Statistics to: (1) study and evaluate NICS operations, including compilations and analyses of the operations and record systems of the participating agencies and organizations; and (2) report to Congress on implementation and on best practices.

Title III: Grants to State Courts for the Improvement in Automation and Transmittal of Disposition Records - Directs the Attorney General to make grants to each State for use by the State's chief judicial officer to improve the handling of proceedings related to criminal history dispositions and restraining orders. Requires that amounts granted be used by such officer only as follows: (1) for FY 2004, to carry out assessments of the capabilities of the State courts for the automation and transmission to State and Federal record repositories of arrest and conviction records; and (2) for fiscal years after 2004, to implement policies, systems, and procedures for the automation and transmission to State and Federal record repositories of such records.

 

[Wildalaska]

I read it...whats wrong with it...and again, why is Larry Craig a co sponsor?

 

[MitchSchaft]

I get the feeling gun control doesn't bother you .

 

[Wildalaska]

I get the feeling gun control doesn't bother you .

Whats that got to do with my question?

and thats sort of a nonsensical statement IMHO...like me saying I get the feeling that gun crime doesnt bother you....

 

[MitchSchaft]

You asked what is wrong with the bill.
The bill represents gun control.
You can't find anything wrong with the bill.
That gives me the impression that gun control does not worry you.

 

[Wildalaska]

Sigh...:banghead:

 

[MitchSchaft]

 

[Pendragon]

Essentially, the NICS system relies on many different data sources to determine who is ineligible to buy a gun.

For a number of reasons mostly having to do with money, many states have only a small percentage of their records in the computer.

This act appears designed to tighten up the NICS system by getting all the data online.

To me, this looks like just tighter enforcement and greater scrutiny - while I disagree with the whole Brady concept and I think many of the restricted classes should not be restricted, the way I see it:

If you are not a prohibited person, this will not directly affect you.

If you are a prohibited person - especially if your prohibition is due to mental illness or substance abuse, then while you are already a prohibited person, you odds of coming up naughty on a NICS check are going to go way up.

Also looks like there are some federal funds and some compliance requirements for data entry for the states, etc.

 

[80fl]

One more step towards a depression prescription 10 years ago will soon label you as a prohibited person.

Gun control through the back door. Increase the prohibited persons and "gun control" will be a moot point.

 

[Sergeant Bob]

supplying court-ordered domestic restraining orders

I don't think restraining orders are all that hard to get. Say if some woman took a major disliking to a couple other people in a gun rights group (fictional of course, just for the sake of discusson) and decided to try to get restraining orders on said indviduals (because she was sooo afraaaid of them) just to mess up there chances of getting a CPL?

 

[gun-fucious]

(A) for treatment of alcoholism; or

(B) as an unlawful user of, or person addicted to, any controlled
substance (as defined in section 102 of the Controlled Substances Act),
provided that such unlawful use has occurred recently enough to indicate
that the individual is actively engaged in such conduct.

ever take a toke and got caught?

SEC. 105. IMPLEMENTATION GRANTS TO STATES.


(a) IN GENERAL- From amounts made available to carry out this section,
the Attorney General shall make grants to each State, in a manner
consistent with the national criminal history improvement program, which
shall be used by the State, in conjunction with units of local
government and State and local courts, to establish or upgrade
information and identification technologies for firearms eligibility
determinations.

(b) USE OF GRANT AMOUNTS- Grants under this section may only be awarded
for the following purposes:

(1) Building databases that are directly related to checks under the
national instant criminal background check system (NICS), including
court disposition and corrections records.

(2) Assisting States in establishing or enhancing their own capacities
to perform NICS background checks.

(3) Improving final dispositions of criminal records.

(4) Supplying mental health records to NICS.

(5) Supplying domestic violence restraining orders and temporary
restraining orders for inclusion in NICS.

(c) CONDITION- As a condition of receiving a grant under this section, a
State shall specify the projects for which grant amounts will be used,
and shall use such amounts only as specified. A State that violates this
section shall be liable to the Attorney General for the full amount
granted.

(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $250,000,000 for each of fiscal
years 2003, 2004, and 2005.

(e) ADMINISTRATIVE PROVISIONS-



(1) AUTHORITY TO OBTAIN OFFICIAL INFORMATION- Notwithstanding any other law, the Attorney General shall, not less frequently than
quarterly, secure directly from any department or agency of the United States such information on persons for whom receipt of a firearm would violate subsection (g) or (n) of section 922 of title 18, United States Code or State law, as is necessary to enable the system to operate in accordance with this section. On request of the Attorney General, the head of such department or agency shall electronically furnish such information to the system. The head of each such
department or agency shall ascertain whether the department or agency
has any records on any person described in any paragraph of section
922(g), title 18, United States Code, and on being made aware that the
department or agency of such a record, shall transmit a copy of the
record to the Attorney General for inclusion in the system. The Attorney
General shall notify the Congress on a quarterly basis as to whether the
Attorney General has obtained from each such department or agency the
information required to be provided to the Attorney General under this
subsection.

 

[Art Eatman]

Looks like it's saying to "accurize" NICS to remove Good Guys and upgrade the data on Bad Guys and Nutzoids.

Seems to me this is a separate issue from the "misdemeanor domestic violence" stuff, and WOD laws.

Look: For those who believe in "Original Intent" about the Bill of Rights, read the Anti-Federalist papers. Therein, it was stated that Nutzoids and "persons of ill repute" should not be allowed to possess firearms...

While I'm in accord with the original intent as to people of ill repute, the problem is that Our Gummint keeps expanding the list of Ill Repute.

Art

 

[Tamara]

I'll never forget the first time I saw a purchase declined after Brady was passed.

The gentleman was in his mid-40s, drove a Volvo, 2.5 kids, probably had a white picket fence at home, the works. He was baffled as to why they'd turn him down.

Turns out that 20-some years previously, he'd had a misdemeanor possession charge: they'd caught him with a joint his freshman year in college. Obviously the man shouldn't be allowed to own a gun...

 

[Waitone]

In other threads on other and now defunct boards we railed against John Poindexter and his Total Information Awareness program.

Here in the same of saving the children we are agreeing to the building of one large block for TIA.

<Rant on>

You know what p*sses me off? Every year it is exactly the same thing. Defenders of safety come up with another provision for gun law, clarifications of gun law, enhancing of gun law, funding of gun law, and creation of new gun law. Nowhere have I seen defenders of liberty in general and the second amendment in particular introduce legislation which would scour the code of BAD LAW, or purge th ecode of unconstitutional law, or rationalization of existing law. All the momentum is in only one direction; that being more restrictions on legal gun owners.

Here we have congress providing funding to the states to database restraining orders so said orders can be used to deny the right to purchase a gun AND NO ONE HAS BOTHERED TO ASK IF ADMINISTRATIVE RESTRAINING ORDERS SHOULD BE EXCLUDED.

I have heard the US military is refusing to induct people who have taken childhood behavior modifying drugs such as Ritilin. Now kids are put on Ritilin in the schools without the benefit of medical input. If true, a life choice is now denied because of an administrative action over which said individual have no control.

Fast forward to the gun wars. When will it be determined that a kid on Ritilin qualifies as a mental exclusion on the NICS and therefore prohibited from purchasing a gun?

It is insane and I for one am one h*ll of a lot more concerned with this kind of bureaucracy excess than I am about what John Poindexter MIGHT do in the future.

<Rant off> Ventilating one's spleen feels so goooood!