Charles Schumer-S436-will increase the people who are barred from owning guns

[Manzoli7]

If this bill were to become law it would ban anyone who ever failed a drug test from ever owning a gun again. Think of how many employers drug test and the millions of false positives that happen. What if you were drug tested by your company and you got a false positive and could not own a gun again?

This is a Charles Schumer bill so I am sure it has no part to deal with false positives and I am sure he is doing that intentionally. Even if it did have some way to deal with this issue imagine the red tape nightmare that that would entail. I know if it passes maybe it would be struck down in court by I think we should all write our legislature today and let them know how we feel.

The bill is called the Fix Gun checks act of 2011. It is important everyone writes to the legislature and makes them aware that we know about this part of the law and we won't stand for anymore of this garbage.

 

[mgmorden]

Definitely act on it, but this might have trouble getting traction. One end of the political spectrum tends to hate gun restrictions, but the other tends to hate drug tests. Particularly with the marijuana legalization movement having such heavy support these days, I'm not sure this will gain much traction.

 

[06]

The antis will keep plugging and sneak anything they can through anyway possible.

 

[Bubbles]

Given the Heller & McDonald decisions from the USSC, the anti's know that the only avenue they have remaining for future gun control laws is to expand the definition of "prohibited person".

 

[Searcher4851]

S.436 - Internet Stopping Adults Facilitating the Exploitation of Today’s Youth Act of 2009

This bill is from John Cornyn from Texas.

Manzoli7 - I dont know where you're getting your information from.

 

[Bubbles]

S.436 for 2011 is Schumer's bill as the OP indicated. Using the advanced search options at http://thomas.loc.gov finds it. It has two cosponsors: Sen Gillibrand, Kirsten E. [NY] and Sen Kerry, John F. [MA]. Related to H.B. 1781.

3/2/2011--Introduced.

Fix Gun Checks Act of 2011 - Amends the NICS Improvement Amendments Act of 2007 (NICS Act) to increase the amount of a state's allocation under the Edward Byrne Memorial Justice Assistance Grant Program that the Attorney General shall withhold to: (1) 15% in FY2013-FY2017 if the state provides less than 75% of the records required to be provided under the NICS Act's requirements regarding making data electronically available to the National Instant Criminal Background Check System, and (2) 25% in FY2018 and thereafter if the state provides less than 90% of the records required. Authorizes the Attorney General to reduce the percentage of the amount withheld if a state provides substantial evidence that it is making a reasonable effort to comply. Requires any withheld funds to be transferred to the appropriations account for state and local law enforcement assistance, Office of Justice Programs, of the Department of Justice (DOJ). Expresses the sense of Congress that any funds transferred should be used to carry out activities described in the NICS Act.

Amends the Brady Handgun Violence Prevention Act to require each federal agency to submit to the Attorney General a semiannual written certification indicating whether it has provided the pertinent information in any record in its possession identifying persons prohibited from purchasing or receiving firearms or ammunition.

Amends the Higher Education Act of 1965 to require each college, university, or postsecondary institution that receives federal funds under such Act or financial assistance under any federal program to develop and implement a mental health assessment plan for assessing, reporting, and referring students who pose a safety risk to themselves or others, informing their families, and addressing such risks.

Amends the federal criminal code to set forth criteria for: (1) drawing an inference that a person is an unlawful user of a controlled substance, and (2) defining a person as "addicted to any controlled substance."

Extends Brady Act background check procedures to unlicensed transferors and transferees of firearms. Specifies exceptions.

--------------------------------------------------------------------------------
ALL ACTIONS:
3/2/2011:
Read twice and referred to the Committee on the Judiciary.

 

[230therapy]

I guess the Second Amendment now says:

"...the right of the people, except those we don't like, to keep and bear arms, shall not be infringed."

OH, that's right! Chucky cannot read.

 

[cbrgator]

If this bill were to become law it would ban anyone who ever failed a drug test from ever owning a gun again.

Not true and misleading. I am against this proposed law as much as you are, but let's make sure we get the facts right. Here is the relevant portion of the bill. It says that drug abuse may be inferred if you have failed a drug test in the last 5 years. Doesn't say ever.

S.436
(c) Unlawful User of Any Controlled Substance-


(1) IN GENERAL- An inference that a person is an unlawful user of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) may be drawn based on--


(A) a conviction for the use or possession of a controlled substance within the past 5 years;


(B) an arrest for the use or possession of a controlled substance within the past 5 years;


(C) an arrest for the possession of drug paraphernalia within the past 5 years, if testing has demonstrated the paraphernalia contained traces of a controlled substance;


(D) a drug test administered within the past 5 years demonstrating that the person had used a controlled substance unlawfully; or


(E) an admission to using or possessing a controlled substance unlawfully within the past 5 years.

 

[Strykervet]

Okay, who administers the test? Who double checks? Who will maintain the database? Who will provide oversight? See the problem with this? It is half a bill. Go back to law school Chuck.

BTW, this bill also makes no provision for soldierst that fail drug tests. I've seen half a battallion fail a drug test at some point over a year. Now you can add national security to the above list.

Stupid. Just stupid. Drugs make you a worse aim anyway, so you'd think they would want you to do it!

 

[azmjs]

Fat chance.

 

[Danb1215]

I don't see how people who support the current prohibited persons list don't consider themselves to be supporting this kind of garbage.

Today:

• Felonies
• Mental Illnesses
• Dishonorable discharges
• Domestic Violence "convictions"
• Unlawful drug use (Whatever the hell that means)

Tomorrow:

• All misdemeanors
• Any arrest that doesn't result in a conviction
• Speeding tickets
• Terrorist "watch list"
• Failed drug tests

The Next Day:

• Incorrect party on voter registration
• Checked out X,Y,Z books from the library
• Wrong Eye, hair or skin color
• Went to the wrong church

This is exactly where you get when you're willing to subdivide people into a thousand little classes and then decide which basic human rights each individual is allowed to exercise.

 

[ErikO]

Worse than that:

"Extends Brady Act background check procedures to unlicensed transferors and transferees of firearms. Specifies exceptions."

Guess guns are Independant of Ownership if this gets signed...

 

[230therapy]

Worse than that:

"Extends Brady Act background check procedures to unlicensed transferors and transferees of firearms. Specifies exceptions."

Guess guns are Independant of Ownership if this gets signed...

Interesting proposed violation of property rights (SCOTUS has ruled we have them).

 

[whalerman]

So our boy Chuckie Schumer wants to use drug tests as a way to deny gun ownership. Let me ask this. Why are his ilk so in favor of this while opposed to using the same criteria to denying welfare benefits to this same group of individuals. If you fail drug tests while receiving social service benefits, you should lose those benefits. But that would cut into Chuck's voter base. Again, I apologize to all you folks who live in free states. I live in NY. We are very sorry.

 

[Nanook]

The first place that needs drug screens is Congress, both houses.

If they fail their tests, they lose their seats. Look how many nitwits that would have saved us from.

The list is endless.

 

[Nanook]

Again, I apologize to all you folks who live in free states. I live in NY. We are very sorry.

Understood, whalerman.

But look what IL has foisted on the country. Talk about sorry. We certainly can't throw any stones at NY.

 

[csa77]

just another Democrat trying to restrict or remove you rights. a few isle crossing repubilcans can be tossed into the bunch aswell.

democrates and isle crossers(moderates) cant be trusted.
the older I get the more Libertarian I become.

 

[belercous]

How exactly will this bill make it out of committee, much less pass the GOP controlled House?

 

[Evil Monkey]

The new wave of destroying the second amendment by proxy. By creating more and more prohibited person laws.

Thanks to the GCA of 1968 and SCOTUS for not striking it down.

 

[1stmarine]

I wrote Charles Schumer once and he replied with a 'template' BS letter. It was about the law demanding information disclosure of non-profits something I think goes against 1st amendment .
I told him, what about the biggest ponzi scheme in the history of the world? ...you might be thinking Madoff, no! our social security system!!!! your bailouts, your plans for expansion with china, your wars. ..so if we stop paying the Social Security my parents do not get paid after working their asses off all their lives?
These guys mortgaged America and now they want to revert the constitution.
This senator is out of control.
Vote him off!

 

[RatDrall]

if this went through, a lot of our soldiers would be prohibited persons. When I went through MEPS the vast majority of the young men and women were signing forms stating their past use of marijuana. Unless they start lying, this won't change anytime soon.

 

[Manzoli7]

I got my info from NRA mag

It is in the June 2011 issue of Americas First Freedom Magazine on page 56. You are right that I forgot about the part that the drug test has to have been within the past 5 years. That was my bad. I hadn't read the article in a while. The article does call the bill S. 436

I do not know if this law passed does that mean if you failed a drug test they would confiscate your guns for 5 years then you could buy new ones? Would they pay you for thier value?

Also a friend of mine told me that when Bill Clinton was in office he sighned an executive order ? or a law? that gives the government acess to everyones medical records. If this is true then I guess they could acess the records of any drug test clinic your employer had you go to. I was not able to find this law or order on the internet so I can not confirm if it is true or not. Do any of you know if the gov can get your medical records without a search warrent?

From everyones posts I think we all agree this is a bad part of the law.

 

[WardenWolf]

It's far too easy to have a false positive. People have frequently tested positive for opiate usage after eating a bagel or other food that contains poppy seeds. I know of someone who experienced this in the military (and it caused a real big stink because of the area he worked in), and Mythbusters also confirmed it. It's only a matter of being unfortunate enough to have eaten the wrong thing before getting selected for a random drug test. And that's not even counting the people on legitimate prescription drugs that happen to read as something far worse.

Fact is, drug tests have way too many false positives. What this would essentially do is turn these small clinics into snitches that are required to report every failed test to the Federal Government. So instead of it being a case of just not getting a job or explaining that you'd eaten the wrong thing and getting retested, you'd instead have police or FBI agents showing up at your house to confiscate your firearms with no recourse for 5 years.

 

[Romeo 33 Delta]

Just more camera time for this joker. Frankly, he reminds me of the old one-holer out back behind the cabin ... if you get me drift!

 

[1stmarine]

yes. he stinks.
I know several jews that are ashamed of him carrying that name.
Specially him, he should know better and maybe ask the Jews the consequences of disarming the citizens.
He's is a traitor and NY is lost to the communist party.