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Turning Gun Owners into Felons (New bill would make it a crime to “transfer” your gun to a spouse)
National Review ^ | 04/05/2013 | Dave Kopel

Posted on 04/06/2013 10:35:06 AM PDT by SeekAndFind

Public-opinion polls about “universal background checks” for gun sales show widespread support. While President Obama and Mayor Bloomberg talk about “gun sales,” the actual legislation moving through Congress aims to regulate far more than sales. It would turn almost every gun owner into a felon. The trick is that the language under consideration applies not only to sales but also to “transfers,” which are defined to include innocent activities such as letting your spouse borrow your gun for a few hours.

Consider, for example, Senate bill S.649, which the Senate will soon take up for debate. The background-check portion of the bill, Charles Schumer’s “Fix Gun Checks Act,” is based on model language that the Bloomberg gun-control lobby is pushing all over the country.

To see how the Bloomberg bill makes felons of people who do not sell guns, consider a woman who buys a rifle when she is 25 years old. She keeps the rifle her entire life. Yet over her lifetime, she — like most gun owners — engages in dozens of firearms “transfers.” She brings the unloaded rifle to a friend’s house, for instance, because the friend is thinking of buying a gun and wants to learn more about guns. The friend handles the rifle for a few minutes before handing it back. Another time, the woman lends the gun to her niece, who takes it on a camping trip for the weekend.

While the woman is out of town on a business trip for two weeks, she gives the gun to her husband or her sister. If the woman lives on a farm, she allows all her relatives to take the rifle into the fields for pest and predator control — and sometimes, when friends are visiting, she takes them to a safe place on the farm where they spend an hour or two target shooting, passing her gun back and forth. At other times, she and her friends go target shooting in open spaces of land owned by the National Forest Service or the Bureau of Land Management.

Or perhaps the woman is in a same-sex civil union, and she allows her partner to take her gun to a target range one afternoon. Another time, she allows her cousin to borrow the gun for an afternoon of target shooting. If the woman is in the Army Reserve and she is called up for an overseas deployment, she gives the gun to her sister for temporary safekeeping.

One time, she learns that her neighbor is being threatened by an abusive ex-boyfriend, and she lets this woman borrow a gun for several days until she can buy her own gun. And if the woman becomes a firearms-safety instructor, she regularly teaches classes at office parks, in school buildings at nights and on weekends, at gun stores, and so on. Following the standard curriculum of gun-safety classes (such as NRA safety courses), the woman will bring some unloaded guns to the classroom, and under her supervision, students will learn the first steps in how to handle the guns, including how to load and unload them (using dummy ammunition). During the class, the firearms will be “transferred” dozens of times, since students must practice how to hand a gun to someone else safely. As a Boy Scout den mother or 4-H leader, the woman may also transfer her gun to young people dozens of times while instructing them in gun safety.

Under S. 649, every one of the above activities would be a federal felony, subject to precisely the same punishment a person would receive if he had knowingly sold a firearm to a convicted violent felon. S. 649, like other Bloomberg-model bills, has a few exceptions to the ban on transfers, but none of them apply to the situations described above.

You can make a “bona fide gift” (but not a three-hour loan) to certain close family members, not including aunts, uncles, nieces, nephews, in-laws, or civil-union partners.

You can let someone else borrow your gun for up to seven days, but only within your home or its curtilage (e.g., the porch or deck).

You cannot lend your gun to someone on any open space you own. And even your husband can’t borrow your gun for more than seven days.

You can share a gun at a shooting range, but only if the shooting range is owned by a corporation — not if it’s on public lands or on your own property.

You can share a gun while out hunting in the field. But back at the hunting camp, you can’t clean someone else’s gun.

This is not “gun control” in the constitutionally legitimate sense: reasonable laws that protect public safety without interfering with the responsible ownership and use of firearms.

— Dave Kopel is an adjunct professor of advanced constitutional law at Denver University, Sturm College of Law, and also research director at the Independence Institute, in Denver.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events
KEYWORDS: banglist; democrats; govtabuse; guncontrol; gunlaws; obama; secondamendment; tyranny; waronliberty; wewillnotcomply; youwillnotdisarmus
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1 posted on 04/06/2013 10:35:06 AM PDT by SeekAndFind
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To: SeekAndFind

Thereby allowing them to keep the promise to not take guns away from law abiding citizens...


2 posted on 04/06/2013 10:37:44 AM PDT by null and void (Gun confiscation enables tyranny. Republicans create the tools of oppression and Democrats use them.)
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To: SeekAndFind
In time of an emergency a Colorado Sheriff complained that he would have to do a background check to remove a gun given to him by a resident in say a disaster like a forest fire. Lawmakers in Colorado choose to prosecute gun owners and let criminals go free.
3 posted on 04/06/2013 10:38:37 AM PDT by mountainlion (Live well for those that did not make it back.)
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To: SeekAndFind
How about universal background checks for presidential candidates?
4 posted on 04/06/2013 10:38:48 AM PDT by E. Pluribus Unum ("Somebody has to be courageous enough to stand up to the bullies." --Dr. Ben Carson)
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To: SeekAndFind
You can let someone else borrow your gun for up to seven days, but only within your home or its curtilage (e.g., the porch or deck).

Who writes this crap, Leno and Letterman's joke writers? "Progressive" Liberals are a bunch of flaming morons.

5 posted on 04/06/2013 10:40:30 AM PDT by FlingWingFlyer (Dude! Where's my Bill of Rights?)
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To: E. Pluribus Unum

That’s racist!


6 posted on 04/06/2013 10:40:38 AM PDT by null and void (Gun confiscation enables tyranny. Republicans create the tools of oppression and Democrats use them.)
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To: SeekAndFind

I would be awesome to hear a politician specifically argue against background checks.


7 posted on 04/06/2013 10:40:59 AM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: SeekAndFind

Flypaper Laws

There’s no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.- Ayn Rand


8 posted on 04/06/2013 10:44:04 AM PDT by edboock (The United States Constitution ©1787, All Rights Reserved)
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To: SeekAndFind

Suppose this mess gets passed and signed into law...how the heck would this law be enforced??? Would squads of gun grabbing goons be prowling the streets looking for violators?


9 posted on 04/06/2013 10:49:40 AM PDT by The Great RJ
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To: SeekAndFind

This does not stand a chance in hell of passing. But, I say bring it to a vote without changing a single word or comma. Make them go on record supporting this monstrosity and then shove it back in their faces on election day. Looney lefites from solid left districts will easily win reelection, but the so called moderates will not. Many will be turned out and Democrats will be less acceptable to mainstream America. We need more examples like Debbie Wasserman Schultz and Diana DeGrette.


10 posted on 04/06/2013 10:51:05 AM PDT by centurion316
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To: SeekAndFind

Bookmarked.


11 posted on 04/06/2013 10:52:12 AM PDT by Inyo-Mono (NRA)
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To: SeekAndFind

What I own my wife owns and the other way around. Screw the federal government.


12 posted on 04/06/2013 10:56:28 AM PDT by pallis
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To: The Great RJ
Suppose this mess gets passed and signed into law...how the heck would this law be enforced??? Would squads of gun grabbing goons be prowling the streets looking for violators?

Fabulous prizes photo Beaninformant_zpsa8a62eb5.jpg

13 posted on 04/06/2013 11:06:18 AM PDT by null and void (Gun confiscation enables tyranny. Republicans create the tools of oppression and Democrats use them.)
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To: SeekAndFind

They have no authority or right to make or enforce this legislation.


14 posted on 04/06/2013 11:11:14 AM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: SeekAndFind

As usual they are lying. There is not wide spread support for taking our guns. This is a made up PR lie.


15 posted on 04/06/2013 11:12:14 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: SeekAndFind

Sooner or later....Big Government will make criminals of us ALL.


16 posted on 04/06/2013 11:17:08 AM PDT by XenaLee (The only good commie is a dead commie.)
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To: SeekAndFind
 photo ONS.jpg
17 posted on 04/06/2013 11:23:22 AM PDT by baddog 219
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To: SeekAndFind

How would the gov. know you transfered a gun to someone unless they knew you had it in the first place? AKA registration. !!!!


18 posted on 04/06/2013 11:52:31 AM PDT by Vinnie
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To: SeekAndFind

.


19 posted on 04/06/2013 12:22:18 PM PDT by gasport (I ain't got no guns.)
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To: SeekAndFind

There are so many laws presently on the books that it is IMPOSSIBLE to venture out of your home and probably move around within it and not break one of them. That is their purpose...to make everyone susceptible to arrest at the governments pleasure. Tyranny is here and thriving in the Land of the Free and the Home of the Brave.


20 posted on 04/06/2013 12:29:11 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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