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Schumer's 'Background Check' Bill Criminalizes Most Gun Loans and Registers Firearms
Reason ^ | Mar. 14, 2013 | J.D. Tuccille

Posted on 03/14/2013 11:31:06 AM PDT by neverdem

When I go shooting with friends, we head out into the desert and inevitably we admire each other's firearms and swap 'em for a try to compare their accuracy, feel and overall abilities. That makes us criminals under the "background check" bill currently under consideration in the U.S. Senate. Sen. Charles Schumer, who proposed the measure, has packed his legislation full of legal snares virtually guaranteed to turn gun owners into lawbreakers. That's an impressive little sleight of hand for legislation considered to be the only sort of gun control with a chance to make it through Congress.

Ed Stone at the Examiner actually read the "Fix Gun Checks Act of 2013," for which he deserves credit, and warns that, "[i]n short, the bill is designed to land you in federal prison." Unfortunately, that's really not an exaggeration in a bill that most of the press, like CNN, is simply billing as "legislation ... that would expand background checks covering all U.S. firearms sales." But Schumer's S. 374(PDF) does so much more. It requires background checks through the National Instant Criminal Background Check System (NICS) via a federally licensed dealer, with some exceptions, for any transfer that "shall include a sale, gift, loan, return from pawn or consignment, or other disposition." Exempted are gifts within a family, such as by grandparents to grandchildren, and other very specifically defined circumstances in which somebody else is allowed to touch your firearm. Pretty much anything else flirts with prison time.

I cited my practice of shooting with friends on public land because that's very common in much of the country, and it doesn't win Sen. Schumer's favor. If you want to try a buddy's gun, it has to be:

at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range

or

at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition

No for-profit events, please! You also get a pass if you're legally hunting.

The bill does include a provision saying that a transfer "shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee," but that comes after all of the specific verbiage exempting loans at shooting ranges in the section on "sporting purposes." It seems crafted to allow a buyer to inspect a gun before making a purchase. In short, I wouldn't rely on it to keep me out of legal hot water out there in the desert.

By the way ... Are you planning a vacation in the future? It's a two-week trip to Europe? Uh oh. Better not leave your guns with your roommate. Schumer's bill criminalizes such a loan if it lasts longer than seven days because ... I guess your roommate goes psycho on the eighth?

Oh, and if a gun is lost or stolen you're required to report that to the feds and local authorities within 24 hours. Or else.

By the way, the point has been made that background checks make sense only if they include registration of firearms and owners, otherwise the provision is unenforceable. Ah, yes. The legislation specifies:

Regulations promulgated under this paragraph—

shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1)

Hmmm ...

Of course, the restrictions in this legislation are so intrusive and petty, requiring people to change private behavior regarding the use and exchange of guns that are not yet (and probably never will be) known to the government, that I would expect casual and often unwitting defiance of its provisions to be more common than compliance (I know that I have no intention of obeying the damned thing). Which will turn the law, should it pass, into one more legal booby trap to be used at the discretion of the authorities.

You can follow the progress of the "Fix Gun Checks Act of 2013" here.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: banglist; communism; communists; coup; guncontrol; progressiveagenda; schumer; secondamendment
Schumer knows this stuff is poison pill after poison pill. Will Harry Reid even let it get a vote? He might so his "moderates" can vote against it.

"Search results in THOMAS are temporary and are deleted 30 minutes after creation. Please try your search again."

1 posted on 03/14/2013 11:31:06 AM PDT by neverdem
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To: neverdem

My guess is if this ever became law compliance would be less than 20%...


2 posted on 03/14/2013 11:33:43 AM PDT by apillar
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


3 posted on 03/14/2013 11:36:41 AM PDT by Nachum (The Obama "List" at www.nachumlist.com)
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To: neverdem

Schumer can go f@ck himself....if he has a problem with what I do, my family does, or what I do with friends or acquaintances, he can come here personally and tell me and not hide behind some p@ssy law intended to subjugate us.


4 posted on 03/14/2013 11:38:30 AM PDT by Gaffer
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To: neverdem

Guns? No sir. Tragic boating accident on Lake Superior.


5 posted on 03/14/2013 11:42:33 AM PDT by Cletus.D.Yokel (*Catastrophic Anthropogenic Climate Alteration: The acronym explains the science.)
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To: Cletus.D.Yokel

lost mine in an asbestos factory fire


6 posted on 03/14/2013 11:46:13 AM PDT by Revelation 911 (hump scratching n'er do well.....all strung out on chicken wings and venison jerky)
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To: Cletus.D.Yokel

Guns? Got ‘em. Come and take them.

Bring a lunch. It’s going to be a damned long day.


7 posted on 03/14/2013 11:46:24 AM PDT by Noumenon (One individual with courage, determination and a rifle can change the course of history.)
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To: apillar
“My guess is if this ever became law compliance would be less than 20%...”

The liberal socialist are counting on most Americans not complying with the law, then the ATFE can swarm in and confiscate all firearms from the newly declared [criminal] American.

I have said this until I am blue in the face, the liberal socialist only want a “National Firearm Registry Data Base” so the government can “confiscate” all firearms from Americans through attrition.

By giving into their proposed “assault weapons ban” and “limitations on magazines” they come across as “reasonable” and “compromising” when they actually understood all along those proposed bills would NEVER become law!

Remember, the government cannot confiscate that which they do not know exists, or the location of said unknown firearm.

Stay safe!

8 posted on 03/14/2013 11:50:46 AM PDT by PotatoChop (Respect is earned, not demanded by this out of control socialist government!)
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To: neverdem

This is what Coburn is signing on to?


9 posted on 03/14/2013 11:51:22 AM PDT by Sybeck1 (What has the GOP done today to gain your support in 2014?)
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To: apillar
20% sounds...way high.
Most folks are not going to surrender anything because...

Too much $$$ invested in it, no way to get it back
Afraid of Øbama voters & 'those who resemble what son he might have ever had'
They actually believe in their 2nd amendment rights
They believe our economic system is on the brink, & they might REALLY need it someday
LOTS of reason not to, only one reason why they might- Something that was legal suddenly became illegal...

Personally, I dont know any firearms owner who plans on turning anything in.
Just this a.m. at the local outdoors/firearms chain store (the only local store to have ANY ammo)
there were 70+ people waiting to buy ammo an hour b4 it opened @ 9.
Some had got there at 6:45 a.m.
10 posted on 03/14/2013 11:53:13 AM PDT by 45semi (A police state is always preceded by a nanny state...)
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To: neverdem

11 posted on 03/14/2013 11:59:18 AM PDT by Ruy Dias de Bivar (CLICK my name. See the murals before they are painted over! POTEET THEATER in OKC!)
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To: neverdem

Good luck UpChuck!


12 posted on 03/14/2013 12:02:00 PM PDT by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: PotatoChop

How long do you think the SWAT or ATFE will last when they come to do this to a few of us. I believe we outnumber them and after a few of these they may be facing more than just the person resisting in the home. After a few times of going up against armed citizens they will be less in numbers and more gun shy (pardon the pun) to act out this duty.

They will remember, at the point of a gun, that they work for the people who work for us.

Let the revolution begin.


13 posted on 03/14/2013 12:09:50 PM PDT by History Repeats (sic transit gloria mundi)
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To: History Repeats
I stand with you! Any gun confiscation that takes place in our Community will not go unanswered. They may get in to the neighborhood, try getting back out after taking some Americans firearms.

Stay safe!

14 posted on 03/14/2013 12:14:59 PM PDT by PotatoChop (Respect is earned, not demanded by this out of control socialist government!)
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To: neverdem

Let’s all go “criminal”, then whine to high heaven about conditions, rights and whatnot. Let the libs feed and clothe us. Meanwhile, we can write letters from prison to their kids to see if we can subjugate them.


15 posted on 03/14/2013 12:30:45 PM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: Ruy Dias de Bivar

16 posted on 03/14/2013 12:59:43 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: PotatoChop

Well hello, PotatoChop! It is a delight to see a new, patriotic Freeper on the forum! :)


17 posted on 03/14/2013 1:00:28 PM PDT by Lazamataz (Republicans have the same policies as the Democrats, except for the part where they win elections.)
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To: apillar

>>>My guess is if this ever became law compliance would be less than 20%...<<<

Which is the goal. The state would have just another weapon in its arsenal to selectively target and harass people. By criminalizing normal behavior and conduct, the state can easily step in, detain, or arrest practically anyone based on some regulation hidden in thousands of pages of documents. There’s a name for a government like that, and it ain’t “republic.”


18 posted on 03/14/2013 1:18:25 PM PDT by redpoll
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To: neverdem

It’s pukes like schumer that have me rooting for kimjung un.


19 posted on 03/14/2013 1:29:05 PM PDT by Joe Boucher ((FUBO))
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To: Lazamataz; PotatoChop
Well hello, PotatoChop! It is a delight to see a new, patriotic Freeper on the forum! :)

Ditto dat!!

20 posted on 03/14/2013 2:20:56 PM PDT by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: neverdem

Shouldn’t someone do a “background check” on this shumer fool? He probably should either be in prison or a mental institution.


21 posted on 03/14/2013 8:36:59 PM PDT by ogen hal (First amendment or reeducation camp?)
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To: Cletus.D.Yokel
Tragic boating accident on Lake Superior.

Did the fish fill out the requisite forms and have a background check? If not, ....

22 posted on 03/15/2013 2:45:57 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: ogen hal
Shouldn’t someone do a “background check” on this shumer fool? He probably should either be in prison or a mental institution.

He certainly does have a pathological need to control other people's lives.

23 posted on 03/15/2013 3:14:15 AM PDT by Hacksaw
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