NRA+Republicans= More Gun Control!

[brookstexas]

http://www.neahin.org/programs/schoolsafety/gunsafety/nics.htm

"The National Instant Criminal Background Check System Improvement Act
of 2003
(S. 1706/HR 3237, 2003)

The bipartisan National Instant Criminal Background Check System
(NICS) Improvement Act of 2003 (S. 1706/HR 3237; a.k.a. the Our Lady
of Peace Act of 2002) was introduced September 25, 2003 in the Senate
by Senators Craig (R-ID), Hatch (R-UT), Schumer (D-NY), McCain (R-AZ),
Lincoln (D-AR), Chafee (R-RI), Durbin (D-IL) and Kennedy (D-MA) and in
the House by Representatives McCarthy (D-NY), Dingell (D-MI) and Pence
(R-IN). Originally introduced in the 107th Congressional Session, this
legislation unanimously passed the House last year by voice vote on
October 15, 2002, but was stalled in the Senate by the concerns of one
Senator. The legislation has won the support of groups on all sides of
the gun issue: Americans for Gun Safety; National Rifle Association;
the Coalition to Stop Gun Violence; and the Brady Campaign."


Why is NRA Board Member, Senator Larry Craig (R-ID) signed up for
this?

http://www.nrawinningteam.com/craig.html

http://www.nraleaders.com/senator-larry-craig.html

******************************************************

"The National Rifle Association has been in support of
workable, enforceable gun control legislation since its
very inception in 1871."

NRA Executive Vice President Franklin L. Orth
NRA's American Rifleman Magazine, March 1968, P. 22

 

[Art Eatman]

Have you read this proposed law? What are its details? Without knowing them, your question isn't answerable...

Art

 

[JohnBT]

www.house.gov/carolynmccarthy/relgunsourladypassesjudiciary1.htm


FOR IMMEDIATE RELEASE: CONTACT:
July 23, 2002 Mike Hacker (Dingell)
313/846-1276
Cecelia Prewett (McCarthy)
202/225-5516

McCarthy-Dingell Instant Check Improvement Act Clears House Judiciary Committee

'Our Lady of Peace' Act Heads for House Floor

Washington, D.C. - Today the House Committee on the Judiciary passed the McCarthy-Dingell Our Lady of Peace Act (H.R. 4757). The legislation will make the Instant Check system work better by providing states an incentive to automate and share disqualifying records with the FBI's National Instant Criminal Background Check System (NICS) database.

"I commend Chairman Sensenbrenner and the committee for their support of this common sense records bill," Congresswoman Carolyn McCarthy (D-NY) said. "He assured me the House will pass this bill when Congress returns from the August recess."

"McCarthy-Dingell is pro-law enforcement and pro-gun owner," said Congressman John D. Dingell (D-MI). "It will put the 'instant' back into Instant Check, stopping criminals while allowing law-abiding citizens to be approved for purchases in seconds, not days."

NICS, the federal database of individuals who cannot legally own firearms, was established in 1994 to make certain that those who purchase firearms are first subject to a thorough background check. Most states have failed to automate and share many of records with NICS, thus allowing almost 10,000 convicted felons to acquire guns over the last 30 months.

H.R. 4757, the Our Lady of Peace Act is named after a church in Lynbrook, NY, which is McCarthy's Congressional District, where on March 8, 2002, a disturbed gunman with a history of mental health problems, which went unaccounted during a background check, fatally shot Reverend Larry Penzes and parishioner Eileen Tosner during mass. Despite the gunman's history of mental illness and violent behavior, he was approved to purchase the rifle by a federal background check. There were no records on the gunman in NICS.

"The House Judiciary Committee took the first step today in enforcing the gun laws already on the books, and by doing so, it will save lives," Congresswoman McCarthy said.

The Our Lady of Peace Act enforces the 1968 Gun Control Act, which disqualifies individuals from possessing a firearm if he or she:

(a) is under indictment or has been convicted of a crime punishable by more than one year;
(b) is a fugitive from justice;
(c) is an unlawful user or an addict of any controlled substance;
(d) has been adjudicated as a mental defective or has been committed to any mental institution;
(e) is subject to a court order restraining them from domestic violence;
(f) has been convicted of a domestic violence misdemeanor;

has been dishonorably discharged from the military;
is an illegal alien;
renounced U.S. Citizenship.
"Instant background checks are only as accurate as the criminal history records on which they are based," added Congressman Dingell. "Our bill will improve the system and make a real difference, stopping more criminals from buying guns and eliminating delays for law-abiding gun owners."

The bill contains incentives in the form of grants for states and their courts to automate and share disqualifying records with NICS (i.e. mental health records, domestic violence misdemeanors, court-appointed restraining orders). $250,000,000 for fiscal years 2004, 2005, and 2006 is authorized for the state grants. The state courts grant program authorizes $125,000,000 for fiscal years 2004, 2005, and 2006.

"We have worked hard with various interest groups to improve this bill without creating new loopholes in existing laws, or by expanding current law," explained Congresswoman McCarthy. "Our Lady of Peace is definitely a bipartisan effort to strengthen and enforce existing law."

The legislation is supported by the American Bar Association, the National Education Association, Americans for Gun Safety, the National Rifle Association, the Coalition to Stop Gun Violence, and the Brady Campaign/Million Mom March.

###

 

[GSB]

(a) is under indictment or has been convicted of a crime punishable by more than one year;

Which includes a variety of midemeanors, IIRC. Note the conspicuous lack of the word "felony" in that sentence.

 

[brookstexas]

Much more

than it looks. It will also mean your medical records need to be looked at for any mental health issues.

 

[railroader]

This sounds like the paperwork we fill out in cali when we purchase a firearm. Mark

 

[tiberius]

Sounds more like a budget issue. It doesn't appear to really change any law, it just makes enforcement more effective.

has been adjudicated as a mental defective

Any lawyers here that can define this for me? Does this mean that a judge orders it based on a doctor's diagnosis or can it be purely medical?

It will also mean your medical records need to be looked at for any mental health issues.

How is this different than the current state of affairs? Does this bill require more record keeping than is currently required?

 

[7.62FullMetalJacket]

NICS is a joke and only works for honest people (or dumb criminals).

There is no reason to speed the process (although there should be no "process").

In Utah, it takes about a minute. I see no reason why it should take any longer.

Any further endorsement of NICS should be stopped.

 

[tiberius]

Just to be clear, I'm not for this bill I just don't see where it really changes anything. It seems to just send money to states who "behave" sorta like the highway funds.

I have no idea about NICS delays because I have purchased all of my guns ether before the Brady Law or after I had CWL/CHL. I've never experieced a wait or check during a purchase.

 

[antsi]

quote:
--------------------------------------------------------------------------------
has been adjudicated as a mental defective
--------------------------------------------------------------------------------
Any lawyers here that can define this for me? Does this mean that a judge orders it based on a doctor's diagnosis or can it be purely medical?

***************************************************

Not on the legal side, but I am on the medical side.

When I was doing my psych rotation, "adjudicated" meant there had been a legal (court/judge) finding that the person was not competent to make their own decisions.

The folks I saw who met this criteria were not people you'd trust with a firearm. Or a knife or a car, or a pointed stick, for that matter.

 

[hammer4nc]

This was discussed extensively a few months ago...link: http://www.thehighroad.org/showthread.php?s=&threadid=43343&highlight=hmo+file

The article by Nicki Fellenzer is esp. informative.

While the motivation to stop insane people from buying firearms is a noble one...ask yourself HOW will this be implemented? Statute requiring mental hospitals to collect, maintain and forward to the government, a list of involuntary admissions? Judges maintaining a database of people they've declared incompetent, for which a trustee has been assigned? For what reasons?

Once this camel gets its nose under the tent, nothing short of having the government get free access to everyone's HMO files, will be workable. If that doesn't send a shiver up your spine, you're not paying attention.

Look at how similar rights-eroding laws have evolved...RICO was supposed to be targeted to international "drug kingpins"; now used as a revenue source (asst forfeiture/seizure) for all offenses. The Patiot Act is very new, already being used to prosecute garden variety crimes having nothing to do with terrorism.

Politicans, pushing various agendas, will, once they have access to your HMO files, lower the threshhold, so in the end, minor issues like psychotropic prescriptions will disqualify from gun purchase/ownership.

Just as the Lautenburg Act lowered the threshhold to include retroactive misdemeanors.

The cure is much worse than the disease.

 

[Standing Wolf]

"I commend Chairman Sensenbrenner and the committee for their support of this common sense records bill," Congresswoman Carolyn McCarthy (D-NY) said.

If one of the nation's most despicable and unprincipled anti-Second Amendment bigots is in favor of it, I've got to assume our civil rights are about to take another hit.

 

[Art Eatman]

GSB, the quote you cite has been part of the 4473 since 1968.

Art

 

[JohnBT]

"NRA+Republicans= More Gun Control!"

Democrats = Even More Gun Control!

John