a synopsis of the new federal gun control law

Section 12001

The bill amends all of the prohibited categories (18 USC 922(d)(1 through 9)) to include actions taken against such person while they were a juvenile (that is, you got convicted of a crime punishable by more than one year’s incarceration as a juvenile, you would be barred from gun ownership).

The bill modifies the above by saying the adjudication as mentally defective or involuntary treatment under section (d)(4) had to be when the person was 16 years old or older.

This would be “retroactive” that is if you were convicted of a juvenile offense in 1992, but you are now 45 years old, you would become ineligible to possess firearms when this bill is enacted, and would have to dispose of any firearms you have, or your possession would be illegal as of the effective date of this law. The bill does not limit it to only applying to juvenile offenses or adjudications that happen after this bill is enacted.

This section also says that firearm transfers to persons under 21 years of age by a dealer may not be made after three days of no response from NICS, the way that current law works. Instead, as to persons under 21 years of age, NICS can extend the “pending” or non responsive response time to ten business days.

In addition to consulting the three Federal databases that NICS currently checks for a firearm background check, if the buyer is under 21, the bill says NICS is to contact the state, or local, repository of juvenile records, to see if the person has any juvenile adjudications that would disqualify the person.  These requirements for NICS to ask the state or local repositories sunset as of 9/30/2032.

The section also asks every State and every Federal agency reporting information to NICS to submit a report on records removed from the database and the reason why the records were removed.

Section 12002

This section rewrites the definition of being engaged in the business of dealing in firearms. Federal law requires persons “engaged in the business” of dealing in firearms have a license. The new definition says that a person is engaged in the business if their purpose is “to predominantly earn a profit.” Formerly, profit had to be the “principal objective” of the seller.

Section 12003

This section allows grants made for criminal justice purposes to states, to also be used for red flag law enforcement. The bill says that such red flag laws have to meet whatever due process requirements the courts have found to be necessary.
The bill says that such programs need not provide indigent persons with counsel at government expense.

Section 12004

This section makes it unlawful to buy a firearm for another person knowing the other person is disqualified from buying a firearm under 18 USC 922(d), or that the other person is going to employ the firearm in connection to a felony crime, a drug trafficking crime or a terrorism crime, or that the other person is going to provide the firearm to a third person who will employ it as described.
The bill defines drug trafficking and terrorism.
The bill provides for a more enhanced penalty for drug trafficking and terrorism, up to 15 years incarceration if the person is buying for someone disqualified under 18 USC 922(d), and up to 25 years if buying for someone who the person knows will employ it for committing a felony, drug trafficking or terrorism.

This section also makes interstate sale of a firearm a crime if the seller knows the buyer intends to use the firearm for crime. It also makes receipt of such a firearm a crime. There is an enhanced penalty, up to 15 years, as compared to regular interstate sale of firearms by unlicensed persons, which is illegal under current law.

The section also has enhanced penalties for unlicensed or unpermitted import or export of firearms or ammunition to or from the U.S.

The section also says that the NICS system may be used for a FFL to conduct a background check on a current or prospective employee. Notice must be provided to the employee, and they have to consent to it.

The section requires the FBI to provide access to FFL holders to the database of stolen firearms maintained in the NCIC database, so they can see if a firearm in inventory is stolen. Checking would be voluntary. Not checking would not create civil liability.

Section 12005

This section creates a new firearm disability for persons convicted of a misdemeanor where the victim is someone the person was ‘dating’. It does not require any prior sexual, or even ‘cohabiting’ relations between the offender and the victim for the relationship to be a ‘dating relationship’.

The section says that in order for the disability to apply, the conviction must have occurred after this bill became law. It will not apply to convictions that happened before this bill became law.

The section says that if a person only has one such conviction as to a dating partner, and five years have elapsed with no other convictions for any crimes involving use or attempted use physical force or the threat of use of a deadly weapon (whether against a domestic partner or dating partner or not), then the dating partner conviction is no longer disqualifying for possession of firearms purposes.

However, convictions related to a domestic partner as a victim (as under existing law) are disqualifying forever, as under current law. And a dating partner conviction, and then a second misdemeanor crime where the victim is anyone, that involves physical force or a deadly weapon (as outlined above) is disqualifying forever.

The powers states have to expunge records and pardon offenders that remove firearm possession prohibitions are not affected

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