{"id":64734,"date":"2021-02-11T23:00:00","date_gmt":"2021-02-12T05:00:00","guid":{"rendered":"https:\/\/milesfortis.com\/?p=64734"},"modified":"2021-02-11T23:00:00","modified_gmt":"2021-02-12T05:00:00","slug":"64734","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=64734","title":{"rendered":""},"content":{"rendered":"

New “Gun Trafficking” Bill Could Cripple Legal Firearms Market<\/a><\/p>\n

Democrat Illinois Representative\u00a0Bobby Rush<\/a>\u00a0has sponsored a bill \u2014 already referred to the House Judiciary Committee \u2014 that would criminalize many previously acceptable practices.<\/p>\n

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H.R. 30<\/a>, which has\u00a018 cosponsors<\/a>\u00a0[unlike the\u00a0bills introduced\u00a0<\/a>by Rep. Sheila Jackson-Lee (D-Texas)] is entitled \u201cThe Gun Trafficking Prohibition Act,\u201d and would amend\u00a0Chapter 44<\/a>\u00a0of title 18, United States Code by adding a section, which would include such items as defining a straw purchase as \u201cthe receipt of any firearm by a person who does not own the firearm \u2014 \u201c(A) by way of pledge or pawn as security for the payment or repayment of money; or \u201c(B) on consignment.\u201d<\/strong><\/div>\n<\/div>\n<\/div>\n

So purchasing a gun on consignment at your local gun store, or \u2014 while not named \u2014 on sites such as\u00a0GunBroker\u00a0could be defined as a straw purchase, which in turn could effectively kill the online firearms market, never mind that any state-to-state transfer must\u00a0already\u00a0<\/i>occur between licensed FFLs,<\/strong> and necessarily requires a background check before the firearm can be picked up. Nor can you pawn the thing if you\u2019re a little short of cash.<\/strong><\/p>\n

Firearms have always been something of an investment, rarely losing value and always easy to convert to cash if you must. This bill could very well end that longstanding practice.<\/p>\n

The\u00a0National Shooting Sports Foundation<\/a>\u00a0has several concerns as well. Communications Director Mark Oliva said the general prohibition language against purchasing a firearm on \u201cbehalf of another\u201d is particularly troubling:<\/p>\n

The way it is drafted now says the bill would punish innocent conduct in the case of a lawful purchaser who is not prohibited when that person buys a firearm \u201con behalf of\u201d another person who is also not prohibited.<\/span><\/p>\n

In essence, the bill would make it illegal for an entity like a Boy Scouts or Future Farmers of America marksmanship programs to buy a rimfire .22 to use in a rifle marksmanship program or a rancher to buy a firearm for a ranch hand to use against predators.<\/span><\/p><\/blockquote>\n

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Additionally, the bill slips in language essentially creating a federal Red Flag law:<\/div>\n<\/div>\n<\/div>\n
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\u201c(ii) (I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child;<\/p>\n<\/blockquote>\n

It would also\u00a0puts restrictions on just how\u00a0many<\/i>\u00a0you can buy or sell as well.<\/p>\n

\u201c(a) It shall be unlawful for any person to\u2014<\/p>\n

\u201c(1) ship, transport, transfer, cause to be transported, or otherwise dispose of 2 or more firearms to another person \u2026 if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the transferee would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year;<\/p>\n

\u201c(2) receive from another person 2 or more firearms \u2026 if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year.<\/p><\/blockquote>\n

Unless you\u2019re already a co-conspirator, exactly how are you going to know if the \u201ctransferee\u2019s\u201d possession of a firearm \u201cwould result in a violation of\u201d federal law?<\/p>\n

Not only can this stuff lead to a prison term of up to 25 years \u2014 the previous prison terms for violations were \u201cnot more than 5 years\u201d, but it now includes \u201cforfeiture and fines.\u201d<\/p>\n

\u201c\u00a7 934. Forfeiture and fines<\/p>\n

\u201c(a) (1) Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law\u2014<\/p>\n

\u201c(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and<\/p>\n

\u201c(B) any of the person\u2019s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.<\/p><\/blockquote>\n

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This mess also massively expands section 924, which lays out the penalty for selling a firearm to be used in a crime.<\/div>\n<\/div>\n<\/div>\n

Section 924(h) currently reads \u201cWhoever knowingly transfers a firearm, knowing that such firearm will be used to commit a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more than 10 years, fined in accordance with this title, or both.\u201d<\/p>\n

H.R. 30, if passed, would replace the entire section, amending it to read:<\/p>\n

(h) (1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), or a crime under the Arms Export Control Act (22 U.S.C. 2751<\/a>\u00a0et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701<\/a>\u00a0et seq.), the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901<\/a>\u00a0et seq.), or section 212(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)<\/a>) shall be imprisoned not more than 25 years, fined in accordance with this title, or both.<\/p><\/blockquote>\n

Oliva said NSSF\u2019s legal team was also concerned about one section removes exceptions for gifts.<\/p>\n

HR 30 removes three exceptions and only includes a gift to a recipient who provided no service or tangible thing of value to acquire the firearm, or winner of an organized raffle, contest, or auction. So, that would be a cause for concern particularly for someone who chooses to gift a firearm as gratuity to a hunting guide, a bonus to an employee \u2013 as would be the case when someone retires and they are given a firearm as a gift \u2013 or an honorarium.<\/span><\/p><\/blockquote>\n

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This bill, were it to become law, would provide an easy way for the Biden administration to turn millions of ordinary, law-abiding gunowners into federal felons \u2014 which of course is the point.<\/strong><\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

New “Gun Trafficking” Bill Could Cripple Legal Firearms Market Democrat Illinois Representative\u00a0Bobby Rush\u00a0has sponsored a bill \u2014 already referred to the House Judiciary Committee \u2014 that would criminalize many previously acceptable practices. H.R. 30, which has\u00a018 cosponsors\u00a0[unlike the\u00a0bills introduced\u00a0by Rep. Sheila Jackson-Lee (D-Texas)] is entitled \u201cThe Gun Trafficking Prohibition Act,\u201d and would amend\u00a0Chapter 44\u00a0of title … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,8],"tags":[],"class_list":["post-64734","post","type-post","status-publish","format-standard","hentry","category-crap-for-brains","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/64734","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=64734"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/64734\/revisions"}],"predecessor-version":[{"id":64735,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/64734\/revisions\/64735"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64734"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64734"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}