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

If Gun Control Saves Lives, Then Why are California and New York State so Dangerous?

A few disturbed young men want to become famous by killing innocent people. Each time they try, we are told that we need to take guns away from honest citizens. That proposal isn’t new. Gun-prohibitionists passed severe gun-control laws decades ago in a few Democrat controlled states. Let’s see if that made us safer. Based on recent evidence from New York State and California, it did not.

You don’t have to take my word for it when I say that California and New York have strict gun-control laws. Take the opinion of the Giffords gun-control group funded by anti-gun billionaire Michael Bloomberg. Giffords gives California an A rating and New York an A-.

Laws like this are why-

  • There are many models of firearms that ordinary citizens can’t own in New York and California.
  • Ordinary citizens must pass background checks when they purchase a handgun at a gun store or at a gun show. In California, there is also a mandatory background check before we may buy ammunition. New York proposed similar ammunition restrictions.
  • California has a mandatory ten-day waiting period after we submit our background check and before we may take possession of our firearm. There is also an additional one-gun-a-month restriction. New York also requires a license before we are allowed to own a handgun.
  • Both states have a magazine capacity limit that reduces the number of cartridges that a firearm magazine may hold.
  • Both states have “Red Flag laws” that allow family members, romantic partners, schoolteachers, doctors, and the police to request that we be disarmed. We are not present when a “Red Flag” hearing is held to confiscate our guns.
  • Both California and New York require statement of “demonstrated need” before honest citizens like us are granted a permit to carry a concealed firearm in public. In many cities, those permits are only given to judges, politicians, and to campaign donors. The rate of concealed carry is far lower in New York State and in California compared to the rest of the US.
  • Schools are “gun-free” zones and even school staff are disarmed.

We were told that gun-control would keep us safe. Last year, California had the most active-shooter incidents of any state in the nation. This year, we saw mass-murders and attempted mass-murders in New York state and even in New York City.

How could these gun control laws fail so badly? Here are a few of the many reasons that gun-control fails time after time-

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Everytown Calls for Censorship on How to Work on Firearms

This correspondent has repeatedly written the First and Second Amendments of the US Constitution are intertwined and support each other. A power-craving government cannot effectively keep a population disarmed unless it censors information on how to make and use arms.

Billionaire Bloomberg supported Everytown for Gun Safety understands they cannot disarm the population, as long as people are free to transmit information on how to make, modify, and use firearms.

Their solution is clear. Forbid the knowledge of how to make, repair, and use firearms. From everytownsupportfund.org:

Based on our review of the writings by the shooter in the Buffalo mass shooting, it appears that he honed his knowledge of firearms and firearm modifications on YouTube. Just days before his attack, posts attributed to the shooter on Discord read, “I’ve just been sitting around watching youtube and **** for the last few days. I think this is the closest I’ll ever be to being ready. I literally can’t wait another week to do this.”

Technology platforms, such as YouTube, have a responsibility to users and the public-at-large to insure that posts do not incite violence or promote extremist content.

This correspondent, contrary to what Everytown posits, claims Technology platforms, such as YouTube, have a responsibility to users to protect and support their First Amendment rights of free expression.

Everytown admits they request that videos on how to modify guns be taken down. They say they have requested YouTube take down videos on how to make guns (which they call “ghost guns”).

YouTube has policies that censor some content on how to make or modify some guns and accessories.  From nbcnews.com:

YouTube’s firearms policy says users can’t post videos that show how to install certain gun accessories, including high-capacity magazines. In a statement on Friday, the company said the videos that the suspect allegedly used to modify his rifle don’t violate those policies.

It is more dangerous to people’s freedom to control the information they are allowed than to control their access to arms. Both are important. If the control over information is extensive enough, people will never attempt to use the arms they may have; they will consider themselves in the best of all possible situations, no matter how badly they are abused. This is the warning in George Orwell’s novel, 1984. It is even more difficult for the people to rise up if the abuse is carefully contrived and increasingly applied over generations, allowing the population to become accustomed to it.

Fortunately, the oligopoly of Big Tech’s control over information appears to be on the edge of collapse. Alternative platforms dedicated to free speech, such as Truth Social and Rumble, are becoming popular. Elon Musk may reform Twitter, from a means of directing cancel culture against its victims to a worldwide sanctuary for free speech.

In a famous case, the US government gave up attempts to restrict the publication of how to build a hydrogen bomb. The First Amendment clearly protects the publication of technology that is already in the public sphere.

What Everytown seeks to do is to convince the distributors of information to censor information it deems to be dangerous.

Everytown is unlikely to succeed.

In the Fifth Circuit, Defense Distributed’s lawsuit against New Jersey’s AG, Gurbir Grewal, was allowed to continue, on the grounds that Grewal violated Defense Distributed’s First Amendment rights when when he threatened to prosecute them for publishing computer code on how to print firearms parts.

It would be a short step for the newly proposed Bureau of Disinformation to censor information they deem “dangerous” to the public.

Unless the Progressive left succeeds in its Supreme Court-packing scheme, it is unlikely the Supreme Court would allow such an egregious violation of the First Amendment, when the inevitable court challenge is effectuated.

Everytown seems to agree with this quote, attributed to Stalin, but disputed:

Ideas are more powerful than guns. We would not let our enemies have guns, why should we let them have ideas?

One of the most important effects of the Right to Keep and Bear Arms, in the Second Amendment of the US Constitution, is the physical embodiment and clear demonstration the power of the government has limits. There are things it is not allowed to do, by law. An openly armed man, in public, is a clear and present demonstration of a Constitutional limit on government.

Progressives hate the idea of limits on government with a passion. It is part of Progressive DNA.

Thomas Jefferson, the third president of the United States, had a view the opposite of Stalin’s supposed quote. In a private letter, shortly before becoming president, he wrote this:

 “for I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man.”1

It is clear those who wish for a disarmed public are closer to Stalin’s philosophy than to Thomas Jefferson’s.

Author Stephen Hunter makes valid point about guns

Author Stephen Hunter is best known for his Bob Lee Swagger books. He was also a film critic for the Washington Post until he retired in 2008.

While he writes thrillers, his career might make you think he’s anti-gun.

Well, he’s apparently not. In fact, he made a very good point about guns and massacres.

Possibly you’re old enough to remember the great massacre spree of 1964? Classrooms shot up, strip malls decimated, scout troops blown away, fast food restaurants turned into mortuaries.

And all because, in its infinite stupidity, the U.S. government dumped 240,000 high-capacity .30 caliber assault rifles into an otherwise innocent America.

The weapons clearly had a demon-spirit to them. Compared to anything else in the market, they had that murder-most-easy look. One glance at the sinister gleam of the walnut stock which caressed the military-gray receiver and barrel of the weapon, its magazine wickedly boasting of many cartridges ready and waiting, its photo- and Hollywood associations with war, and some went screwball. They had the overwhelming desire to use it as it was meant to be used. It was not powerful enough for deer and not accurate enough for vermin. It existed only to kill human beings.

Except there was no massacre spree of 1964, despite the fact that in 1963 the United States Army surplussed 240,000 M1 carbines via the NRA. They were available through the mail at $20. Not an NRA member? Eighty bucks, then, from any sporting goods store. Denver’s Dave Cook’s–“Guns Galore at Prices to Score”– had them by mail order, magazine and sling included, postage, $1.25.

The M1 carbine was a semi-automatic rifle with a detachable magazine that could fire pretty much as fast as an AR-15 and used a much larger round, from a pure diameter standpoint.

It was a recipe for disaster by today’s standard and yet, nothing. Not a single mass shooting with such weapons.

Hunter goes on to point out that in the summer of 1964, there were tons of inexpensive semi-automatic, magazine-fed rifles on the open market that could be mailed right to you, but there weren’t people like the Buffalo or Uvalde shooters.

It’s a very valid point and a great example of how the problem isn’t the availability of firearms. They were easier to acquire in 1964 than they are today and they were just as deadly. They could be discharged at a high rate of fire, too.

These were actual weapons of war, even, not something that just looks like one.

And yet, as Hunter notes, no massacres. No school shootings. None of the things we’re told result from “easy” access to firearms.

That suggests strongly that the problem here is something else, something else entirely. We, as a society, would be better off if we could stop blaming guns for five minutes and start looking deeper into why this is happening and why this continues to be an issue.

Yet that’s apparently not allowed by some in our world. They’ve got a vested interest in blaming the guns rather than in solving the actual problem.

Part of that, of course, is also blaming others for not agreeing that guns are the problem despite clear evidence that they’re not.

Quick take
There are two problems with this. It legitimizes both federal intervention in state matters and “red flag” laws. The latter is problematic because it’s a gray area, no matter how many stipulations are in place. One day people are raising legitimate concerns, the next we have people reporting the neighbor who just rubs them the wrong way.

The Senate gun control bill is finished ….sorta? ‘Discussion Draft’?

bipartisan_safer_communities_act_text

EXCLUSIVE: Rep. Andy Biggs — Expect House Gun Controllers to ‘Go After Ammo and Ammo Manufacturers’

Rep. Andy Biggs (R-AZ) spoke with Breitbart News about the current push for gun control in the House and warned us to be ready to see gun controllers “go after ammunition and ammunition manufacturers.”

Biggs noted a number of gun controls have been passed by the Democrat-controlled House, and even though those controls have not passed the Senate he believes the House will pass even more.

He explained, “I expect some additional gun control legislation to come out of the House. I expect there will be an attempt to do an ‘assault weapons’ ban, I think they’re going to continue to try to eliminate liability protections on gun manufacturers, and I think they’re also going to go after ammunition and ammunition manufacturers.”

Biggs then talked about gun control in the Senate, where he said, “When gun control reared its head again, after Uvalde, I expected 20 members of Senate Republicans to cave and give things like red flag laws and whatever else that the House pushing. But I’m sure what, if anything, is going to get out now, because it has taken so long and they have no language.”

He added, “When you have no language to look at, they start working off what is called a framework, and that leads to infighting where some Senators want certain things but not other things, and that indicates a lack a consensus.”

And Biggs stressed the more time passes the less chance there is consensus will occur.

He also noted the way Sen. John Cornyn (R-TX) was booed on Friday at the Texas GOP Convention, and said, “That response indicates that gun owners are not real pleased with the Republicans that are undermining the Second Amendment.”

Biggs emphasized the launch of a watchdog group, the Arizona Second Amendment Coalition, a coalition of people he has pulled together to stay on top of the fight for Second Amendment rights.

Members of the coalition include elected officials, student advocates, individuals who work in the firearm industry, and members of pro-2A groups like the DC Project, among others.

Biggs said, “We’re trying to make it a broad-based coalition where we talk about challenges to the exercise of Second Amendment rights. Whether that is an ATF challenge, something the Biden administration is doing, or what policies–local, state, and federal–that may either positively or negatively impact the Second Amendment.”

On January 3, 2022, Breitbart News reported Biggs stressing that carrying a gun for self-defense is part of being a “free American.”

Biggs said, “When you start talking about my wife or me or someone else, we’re talking about self-defense, and the first liberty is the right to life. So, if you can’t defense yourself against the bad guys you start looking like the 12 cities in America that have the highest homicide rate in their history.”

He then added, “You don’t want to look like that. You don’t want to look like Venezuela. You want to be a free American and the way to be free and reduce crime is to allow people to carry guns.”

First Look: Federal .22 WMR Punch Personal Defense Ammunition
A defensive 22 Magnum cartridge that packs a punch.

One of the latest trends in the concealed carry and personal self defense world is sub-caliber, rimfire firearms for concealed carry, and Federal Ammunition is expanding their Punch Personal Defense rimfire line by releasing a .22 WMR cartridge option recently announced at the 2022 NRA Annual Meetings and Exhibits Convention in Houston, TX.

The .22 Winchester Magnum Rimfire, also known as .22 Magnum, was originally introduced during the late 1950s by Winchester, and with its larger case capacity it is able to push the same types of projectiles found in .22 Long Rifle cartridges faster and flatter. It has since been offered as a rimfire caliber option for a multitude of both rifles and pistols by all major gunmakers.

The .22 WMR Punch Personal Defense cartridge features a nickel casing that comes loaded with a nickel-plated lead core 45 grain jacketed hollow point bullet known as the Punch JHP. Federal’s ballistics engineers optimized the .22 WMR Punch Personal Defense to provide deeper penetration and expansion when fired from sub compact rimfire handguns. For example, from a two inch barrel, this load is capable of 1,000 fps muzzle velocity, and if fired from a rifle length barrel, it is capable of reaching 1,800 fps at the muzzle.

Pairing the Federal .22 WMR Punch Personal Defense with a small revolver such as Ruger LCR could offer a defensive carrier a good amount of convenience and portability without sacrificing ballistic performance, especially considering the overall size and weight and the fact that small revolvers can be carried in pockets or other non-typical manners.

Federal Premium .22 WMR Punch Personal Defense cartridges come in a plastic case of fifty round and retail for $25.99. For more information about Federal’s rimfire Punch Personal Defense cartridges (which also include a 29 grain high velocity .22 Long Rifle option) and other defensive, hunting, training, tactical, or match ammunition, please visit their website at federalpremium.com.

 

Legally armed Iowa woman shoots violent unprovoked attacker in grocery store

A legally armed woman in a Des Moine, Iowa, grocery store shot another woman who violently attacked her Sunday morning, police say.

“This was something spontaneous that unfortunately happened in that grocery store where a lot of people were grocery shopping this morning,” said Sgt. Paul Parizek of the Des Moines Police Department said of the Sunday incident, according to KCCI.

Police said suspect Kapri Lashawn Francis, 30, attacked the woman without provocation inside a Hy-Vee grocery store at about 10 a.m. local time. The unidentified woman was legally armed and fired one shot at Francis.

The suspect was shot in the leg, while a male customer was shot in the foot after the bullet ricocheted.

Francis was arrested and charged with assault causing bodily injury after receiving medical attention at a local hospital. Police said the victim fired her gun in self-defense after interviewing witnesses and reviewing store surveillance footage.

A business owner who works next to the grocery store described a chaotic scene after the gunshot was fired.

“I decided to come over here to the corner, and I was like, what’s going on?,” Michell Boyum, owner of Sun Seekers Tanning, told KCCI. “One of the employees was down here crying, and she ran to me. And she was like there was a shooting and I immediately grabbed her because she’s maybe 17 years old.”

“A lot of [staff and customers] said that they witnessed it. A couple of them said they had seen the gunshot go off. They had seen the person where they got shot at. They were shaken so bad and all I could do was be there and hold them.”

The incident sparked a strong police response, as many Americans are on edge following a series of mass shootings in recent weeks, including one at a Buffalo grocery store in May.

“We’ve certainly got a high level of awareness and preparedness for these things,” Sgt. Parizek said. “And when we hear something like this happen we treat it like it’s the real deal. And I think you saw that response up there today. There was a heavy police presence, responding with the thought that we need to save people.”

36-year-old shot, killed for intruding homeless man’s tent

ST. LOUIS, Mo. (KMOV) – Police are investigating a homicide after a man was shot in north St. Louis City early Tuesday morning.

The shooting happened around 4:37 a.m. near O’Fallon Street and Lewis Street. Police said they found Steven Weinhardt, 36, shot and killed in a tent.

Reports say a homeless man shot Weinhardt because he entered his tent. After being questioned by police, the suspect was released.

No further information has been released.

Observation O’ The Day
SloJoe starts babbling about some  “International Flat Tax™” that he got 140 nations to sign onto (?) and his daughter and granddaughter shuffle him off stage ASAP.

They know all too well that Daddy has senile dementia

 

Swimming-FINA votes to restrict transgender participation in elite women’s competition.

BUDAPEST (Reuters) – Swimming’s world governing body FINA on Sunday voted to restrict the participation of transgender athletes in elite women’s competitions and create a working group to establish an “open” category for them in some events as part of its new policy.

Transgender rights has become a major talking point as sports seek to balance inclusivity while ensuring there is no unfair advantage.

The debate intensified after University of Pennsylvania swimmer Lia Thomas became the first transgender NCAA champion in Division I history after winning the women’s 500-yard freestyle earlier this year.

Thomas has expressed a desire to compete for a place at the Olympics but the new FINA rule would block her participation.

FINA’s decision, the strictest by any Olympic sports body, was made during its extraordinary general congress after members heard a report from a transgender task force comprising leading medical, legal and sports figures.

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