PRO GUN BILL NEEDS YOUR HELP TO PASS ASAP!

[LAR-15]

Firearms Corrections and Improvements Act (Introduced in House)

HR 5005 IH


109th CONGRESS

2d Session

H. R. 5005
To make technical changes to Federal firearms laws and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

March 16, 2006
Mr. SMITH of Texas introduced the following bill; which was referred to the Committee on the Judiciary


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A BILL
To make technical changes to Federal firearms laws and for other purposes.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Firearms Corrections and Improvements Act'.

SEC. 2. CORRECTION OF NONSUBSTANTIVE ERROR IN AGE LIMIT PROVISION.

Section 922(b)(1) of title 18, United States Code, is amended to read as follows:

`(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age, and, if the firearm is other than a shotgun or rifle, or the ammunition is for a firearm other than a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age;'.

SEC. 3. POSSESSION AND TRANSFER OF MACHINEGUNS FOR INDUSTRY TESTING AND SECURITY CONTRACTING.

(a) Machineguns for Federal Contractors- Section 922(a)(4) of title 18, United States Code, is amended by striking `except' and all that follows and inserting `except--

`(A) as specifically authorized by the Attorney General consistent with public safety and necessity; or

`(B) to comply with a contract between any person and the United States which requires that person to provide national security services for the United States or any training related to such services;'.

(b) Sale or Delivery of Machineguns to Federal Contractors- Section 922(b) of such title is amended by adding at the end the following: `Paragraphs (2) and (4) of this subsection shall not apply to a sale or delivery to comply with a contract between any person and the United States which requires that person to provide national security services for the United States or any training related to the services.'.

(c) Post-86 Machineguns for Testing, Research and Development, Training, and Security- Section 922(o) of such title is amended--

(1) in paragraph (2)--

(A) by striking `or' at the end of subparagraph (A); and

(B) by redesignating subparagraph (B) as subparagraph (E) and inserting after subparagraph (A) the following:

`(B) a transfer to, or possession by, a person to comply with a contract between that person and the United States which requires the person to provide national security services for the United States or any training related to the services;

`(C) a transfer to, or possession by, a licensed manufacturer or licensed importer solely for testing, research, design, or development of ammunition or a firearm;

`(D) a possession by a licensed manufacturer or licensed importer for the purposes of training persons to whom a machinegun, manufactured or imported by the licensee, may be transferred as described in subparagraph (A) or (B); or'; and

(2) by adding at the end the following:

`(3) A person shall not transfer a machinegun to another person in the circumstances described in paragraph (2)(B) of this subsection, unless the Attorney General has notified the person that the Attorney General has determined, based on the fingerprints of such other person and on information in the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, that such other person is not prohibited from possessing or receiving a firearm under Federal or State law.'.

(d) Importation of Machineguns- Section 925(d) of such title is amended--

(1) in paragraph (3), by striking `or' at the end;

(2) in paragraph (4), by striking the period and inserting `; or'; and

(3) by inserting after paragraph (4) the following:

`(5) is imported or brought in for a purpose described in subparagraph (B), (C), or (D) of section 922(o)(2).'.

(e) Importation Under the National Firearms Act- Section 5844 of the National Firearms Act (26 U.S.C. 5844) is amended--

(1) in paragraph (3), by inserting `or' after the semicolon; and

(2) by inserting after paragraph (3) the following:

`(4) a machinegun being imported or brought in to comply with a contract between any person and the United States which requires the person to provide national security services for the United States or any training related to the services; or

`(5) a machinegun being imported or brought in by a registered importer or registered manufacturer for the purposes of training persons who acquire machineguns pursuant to paragraph (1) that were manufactured or imported by the registrant.'.

(f) National Security Services Defined- Section 921(a) of such title is amended by adding at the end the following:

`(36) The term `national security services' means any protective, defensive, or security service provided pursuant to a contract or subcontract with a department or agency of the United States.'.

(g) Effective Date- The amendments made by this section shall take effect after the 180-day period that begins with the date of the enactment of this Act.

SEC. 4. ELIMINATION OF OBSOLETE LANGUAGE ADDED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT.

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

(1) by striking subsection (s); and

(2) in subsection (t), by striking `Beginning' and all that follows through `a licensed' and inserting `A licensed'.

SEC. 5. BAN ON TAX OR FEE FOR BACKGROUND CHECK BY THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

Section 922(t) of title 18, United States Code, is amended by adding at the end the following:

`(7) The Attorney General shall not charge any tax or fee for any background check conducted pursuant to this subsection.'.

SEC. 6. ELIMINATION OF WRITTEN PERMISSION REQUIREMENT FOR SUPERVISED HANDGUN USE.

Section 922(x)(3)(A) of title 18, United States Code, is amended--

(1) in clause (ii), by striking subclause (II) and inserting the following:

`(II) with respect to ranching or farming activities, target practice, hunting, or a course of instruction in the safe and lawful use of a handgun, as described in clause (i), a juvenile may possess and use a handgun or ammunition without the prior written consent, if the parent or legal guardian is present at all times and the juvenile acts at the direction of a parent, legal guardian, or other adult who is not prohibited by Federal, State, or local law from possessing a firearm;'; and

(2) in clause (iii), by inserting `except as provided in clause (ii)(II),' after `(iii)'.

SEC. 7. ELIMINATION OF DUPLICATIVE MULTIPLE SALES REPORT REQUIREMENT.

Subsection 923(g)(3) of title 18, United States Code, is amended--

(1) in subparagraph (A)--

(A) by striking `(A)'; and

(B) in the 2nd sentence, by striking `and to the department of State police' and all that follows through `took place'; and

(2) by striking subparagraph (B).

SEC. 8. BAN ON ELECTRONIC RETRIEVAL OF FIREARMS PURCHASER INFORMATION.

Subsection 923(g)(4) of title 18, United States Code, is amended by adding at the end the following: `The Attorney General shall not electronically retrieve information gathered pursuant to this paragraph by name or by any personal identification code.'.

SEC. 9. TRACE DISCLOSURE.

Section 923(g) of title 18, United States Code, is amended by adding at the end the following:

`(8)(A) Information required to be kept by licensees pursuant to this subsection, or required to be reported pursuant to paragraphs (3) and (7) of this subsection, and information in the firearms trace system database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, shall not be--

`(i) disclosed to any entity, except to a Federal, State, local, or foreign law enforcement agency or a Federal, State, or local prosecutor solely in connection with and for use in a bona fide criminal investigation or prosecution, and only to the extent that the information pertains to the geographic jurisdiction of the law enforcement agency or prosecutor requesting the disclosure; or

`(ii) made available for use in any civil action or proceeding other than--

`(I) an action or proceeding commenced by the Attorney General to enforce this chapter; or

`(II) a review of such an action or proceeding.

`(B) The information described in subparagraph (A) shall be immune from legal process, shall not be subject to subpoena or other discovery, and shall not be admissible as evidence, and testimony or other evidence relying on the information shall not be admissible, in any civil action in a State or Federal court, or in any administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce this chapter, or a review of such an action or proceeding.

`(C) This subsection shall not be construed to prevent the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer and licensed manufacturer.'.

SEC. 10. BARREL AND RECEIVER IMPORTATION.

(a) In General- Section 925(e) of title 18, United States Code, is amended--

(1) in paragraph (1), by striking `, and' and inserting a period;

(2) by adding at the end the following:

`(3) All frames or receivers of rifles, or barrels for firearms other than handguns, if the importation is for repair or replacement purposes.'.

(b) Governmental Imports- Section 925(a)(1) of such title is amended by inserting `, barrel,' after `or importation of any firearm'.

(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.

 

[LAR-15]

This bill had a subcomittee hearing yesterday:

http://judiciary.house.gov/hearings.aspx?ID=134

Please ask the subcomittee to pass this bill.

Thanks

 

[wdlsguy]

I say we demand the government repeal 18 USC 922(o) instead of amending it.

 

[LAR-15]

Well then urge that they do.

We have a chance to do that.

Peace.

 

[MrTuffPaws]

Doesn't this one just allow Private security to transfer and import new MGs while not doing squat for use civilians? Just what I need, Blackwater breath down the barrel of a gun pointed at me.

 

[LAR-15]

What's with all the anti Blackwater stuff?

KEEP IT THE HECK OUT OF THIS THREAD!



Thanks

 

[ElTacoGrande]

This one is a tough call, obviously. None of us like the idea of a privileged class of people who can own MGs.

However, this does a few things for us that are good:

1. It breaks the "sanctity" of the MG ban. Things like the NFA will never go away because they are "holy". No one will ever touch it. By tampering with the MG ban, even to a small degree, it means that it's not "settled" and it is something we can mess around with
2. This opens up a lot more civilians to getting access to these guns. Note that I said access, not onwership. What if someone has a fed security contract, and ALSO has a shooting range, and lets regular civilians use 'em on weekends? Great! The more people have familiarity with these things, the more "normal" they seem. That's important.
3. It opens up all kinds of legal challenges. For example, what is the status of these new MGs? Do they become transferable in some way perhaps (might need a court case to do this).
4. It gives us an easy way to start adding more classes of people who have access. Maybe in the future we could add people with an honorable discharge, or C&R FFLs, or corporations, or licensed training facilities, or shooting ranges, or who knows what. Hey pretty much anyone can get an C&R FFL or form a corporation.

So as distasteful as this law is... I think it's a good idea.

 

[beerslurpy]

LAR 15, please cut this crap out. This is NOT a pro gun bill. I analyzed and completely broke down this bill in the other thread so there is no excuse for not knowing what it does.

This bill does not put a loophole in 922, at least not one we can use.

This bill does not reign in the ATF.

This bill does not alleviate pressure on FFLs.

This bill does not touch sporting purposes.

This bill does not repeal anything that has not already been voided in court.

This bill is basically a domestic mercenary enabling act. It allows them to put lots of MG and DD equipped bodies on the ground in very short order by calling in Blackwater and similar. It allows these mercenaries to travel across state lines and violate state laws with impunity. Note that none of these privileges are granted to ordinary citizens- only those specially annointed by the federal government.

If you call your reps, tell them to REPEAL 922(o) or do nothing. These proposed amendments are worse than useless. They are potentially hazardous to our free system of government. It allow the federal government to pick and choose henchmen to distribute military hardware to while DENYING it to everyone they dont choose to favor. Bad bad bad.

 

[ElTacoGrande]

Senor Cervesa,

Actually your reasoning is good. I would love to see some bill chip in to 922o, but this bill really is not good. I don't like the idea that some private corporations have the same privs that federal law enforcement has. No one should have those privs; we should all follow state laws, and if the feds need a certain weapon (firearm) for some reason, we need the same weapon, for the same reason, whatever that reason is.

With the current laws, a group like Blackwater is pretty much hamstrung from operating in much of the US. They're all trained for M16s, etc. Wanna send Blackwater to California? Sorry, bud, learn how to use pepper spray like the rest of us!

Whatever happened with that bill that would provide amnesty to a very limited set of war trophies (war trophies brought in before 1968 or something)? That seemed like a good idea and it had a lot of sponsors.

 

[beerslurpy]

What theyre doing is good except they make it completely bad by only doing it to favor their henchmen and denying it to everyone else.

It would be like saying
"free ice cream"
but qualifying it with...
"but only for white people."

Overriding state gun control laws and allowing unrestricted machine gun ownership with only NICS is good, but only if regular citizens can do it.

 

[LAR-15]

You don't seem to get that the Federal govt routinely equips contractors with machineguns if the contract requires they carry or use them.

 

[mp510]

Arguably, people would be able to form their own security contracting corporations...

Seriously, the provision to prohibit NICS taxation is definetely a good idea, since insome of the anti gun areas, they use it to excessiveley prevent people from being able to afford guns. I heard it is as much as $25+ in some parts Think about it: on a used $75 shotgun, the price gets raised 33%. Some people can't afford the extra cost for protection.

 

[woerm]

bah, no repeal of 922(o) no dice

"mercinary enabling act of 06' ought to look good on the NRA report cards in the fall.

+1 beerslurpy

r

 

[beerslurpy]

You don't seem to get that the Federal govt routinely equips contractors with machineguns if the contract requires they carry or use them.

Oh no, I fully understand that the fedgov has legions of MG and DD equipped henchmen at the ready. I dont think that this bad situation justifies making it even easier for the fedgov to expand this mode of behavior through subcontracting.

If anything, the balance needs to be LESS MGs and DDs for the fedgov and more for Mom and Pop gun owner. To create a special class of paid henchmen which are above the weapons laws is even further from equal protection of the laws than the Game Laws of England or the laws against protestants bearing arms.

 

[LAR-15]

I don't really care about the machinegun portions of this act really.

I care about what it does to limit the BATFE from stockpiling gun owner and FFL data.

You should too.

 

[beerslurpy]

They are already prohibited. The real solution is to shorten the lifespan of bound book and yellow form to 2 years instead of 20 and mandate destruction after that point.

 

[wdlsguy]

LAR-15, the machinegun provisions (in reality, domestic mercenary provisions) are the hook, everything else is the bait. Don't take the bait.

They want to exempt domestic mercenaries from the 1968 and 1986 machinegun bans. I say we force them to repeal both bans for everyone.

 

[Kharn]

I like the mod to 925(e), Adding "`(3) All frames or receivers of rifles, or barrels for firearms other than handguns, if the importation is for repair or replacement purposes.'." would nullify the ATF's self-imposed barrel importation ban.

The "`(C) a transfer to, or possession by, a licensed manufacturer or licensed importer solely for testing, research, design, or development of ammunition or a firearm;" line could also be interesting. As I read it, it eliminates the current requirement for demo letters.

Kharn

 

[LAR-15]

What is with all this paranoid mercenary crap?



I like this bill

 

[Justin]

I don't see anything terribly paranoid about it.

The bill pretty much states that federally contracted trigger pullers are now exempt from the machinegun requirements (and inflated prices) that the rest of us have to jump through.

In what world is that fair, or a win for those who cherish liberty?

 

[LAR-15]

You mean if you work for the US in a hostile zone a Brown Bess musket is fine?

Maybe so.

This bill makes permanent several temporary changes the Republicans have inserted into yearly spending bills.

 

[Smurfslayer]

Nay.

No lifting of the '86 ban, no support. In fact, I'm urging opposition.

No more privileged classes.

 

[LAR-15]

Whatever.

 

[Can'thavenuthingood]

Wanna send Blackwater to California?

".....federally contracted trigger pullers are now exempt from the machinegun requirements ........"

Are you saying that the Feds have contracted companies to work inside the U.S. borders if the President or some bureaucrat directs it?

Like in the case of Waco or Ruby Ridge, if these guys were onboard at that time, they would go in and perform the LE duties?

Am I reading too much into this?

Vick

 

[Kharn]

LAR-15:

What is with all this paranoid mercenary crap?

+1

Kharn