{"id":65379,"date":"2021-03-02T10:00:52","date_gmt":"2021-03-02T16:00:52","guid":{"rendered":"https:\/\/milesfortis.com\/?p=65379"},"modified":"2021-03-02T10:00:52","modified_gmt":"2021-03-02T16:00:52","slug":"65379","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=65379","title":{"rendered":""},"content":{"rendered":"<p><a href=\"https:\/\/bearingarms.com\/patrick-richardson\/2021\/03\/01\/house-bill-expand-list-prohibited-persons-n41591\">New House Bill Would Expand List of &#8216;Prohibited Persons&#8217;<\/a><\/p>\n<p>Not all gun control attempts are as blatant as Democrat Texas Rep. Sheila Jackson Lee\u2019s\u00a0manifold\u00a0(and yearly)\u00a0insanity.<\/p>\n<p>Indeed, most look positively reasonable \u2014 at least if you only read the title.<\/p>\n<p>Such is\u00a0<a href=\"https:\/\/www.congress.gov\/bill\/117th-congress\/house-bill\/882\/text\" target=\"_blank\" rel=\"noopener\">H.R. 882<\/a>, the \u201cKeeping Guns from High-Risk Individuals Act\u201d introduced by Rep. Robin L. Kelly, (D-Illinois).<\/p>\n<p>Introduced in early February, text of the bill was just released, and is hair-raising, particularly if one digs a bit deeper, than the simple language.<\/p>\n<p>In short, Kelly\u2019s bill is a huge expansion of the criteria used to prohibit persons from legally owning a firearm under federal law, which right now includes those convicted of a felony or a domestic violence misdemeanor, and those adjudicated as mentally ill.<\/p>\n<p>H.R. 882 would amend\u00a0<a href=\"http:\/\/uscode.house.gov\/view.xhtml?req=granuleid:USC-prelim-title18-chapter44-front&amp;num=0&amp;edition=prelim\" target=\"_blank\" rel=\"noopener\">chapter 44<\/a>\u00a0of title 18, United States Code, to include anyone who:<\/p>\n<blockquote><p>\u2026 in the most recent 10-year period, has been convicted in\u00a0<b>any court (emphasis added)\u00a0<\/b>of a crime of violence (as defined in section 16);<\/p>\n<p>\u201c(11) has not attained\u00a0<b>25 years of age,<\/b>\u00a0<b>(emphasis added)\u00a0<\/b>and has been adjudicated by any court as having committed an offense that would have been a crime of violence (as defined in section 16) if committed by an adult;<\/p>\n<p>\u201c(12) in any period of 3 consecutive years in the most recent 10-year period, has been convicted in any court, on 2 separate occasions, of an offense that has, as an element, the possession or distribution of, or the intent to possess or distribute, alcohol or a controlled substance (as so defined); or<\/p>\n<p>\u201c(13) has been convicted in\u00a0<b>any court (emphasis added)\u00a0<\/b>of stalking.\u201d<\/p><\/blockquote>\n<p><span style=\"color: #1a1a1a; font-size: 16px;\">Now\u00a0<\/span><a style=\"font-size: 16px;\" href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/18\/16#:~:text=The%20term%20%E2%80%9Ccrime%20of%20violence,or%20property%20of%20another%2C%20or\" target=\"_blank\" rel=\"noopener\">18 U.S. Code section 16<\/a><span style=\"color: #1a1a1a; font-size: 16px;\">\u00a0is disturbingly vague, and simply defines a \u201ccrime of violence\u201d as:<\/span><\/p>\n<blockquote><p>(a)an offense that has as an element the use, attempted use, or threatened use of physical force against the person or\u00a0<b>prop\u00aderty of another<\/b>,\u00a0<b>(emphasis added)\u00a0<\/b>or<\/p>\n<p>(b)any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.<\/p><\/blockquote>\n<p>Clearly, no one could argue against keeping guns out of the hands of violent criminals right?<\/p>\n<p>Much will be dependent \u2014 should this pass \u2014 on how Section 16 is interpreted, and on the relevant case law, but as written if you got in a bar fight when you were 21, and were charged with simple battery (generally a misdemeanor) or even\u00a0<i>threatened<\/i>\u00a0violence (assault in many jurisdictions, also a misdemeanor) \u2014 or were a young idiot and did a little vandalism \u2014\u00a0 you would suddenly be ineligible to own a firearm for the rest of your life.<\/p>\n<p>Note too, this says \u201cany court,\u201d not just federal court.<\/p>\n<p>Kelly\u2019s legislation would create an entirely\u00a0<i>new<\/i> class of federally-prohibited persons \u2014 those who have been \u201cconvicted of a crime of violence,\u201d even if no violence actually took place.<\/p>\n<p>Look, no one wants firearms in the hands of violent felons, but this bill doesn\u2019t prevent that. Anyone convicted of a felony is\u00a0<i>already<\/i>\u00a0a prohibited person.<\/p>\n<p>This expands the list of \u201cprohibited persons\u201d to include those convicted of misdemeanors, not just felonies.<\/p>\n<p>It\u2019s clear that the goal of Kelly\u2019s legislation isn\u2019t about reducing gun violence (not that any of these proposed bills are), it\u2019s all about reducing the number of people who can legally own a firearm.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>New House Bill Would Expand List of &#8216;Prohibited Persons&#8217; Not all gun control attempts are as blatant as Democrat Texas Rep. Sheila Jackson Lee\u2019s\u00a0manifold\u00a0(and yearly)\u00a0insanity. Indeed, most look positively reasonable \u2014 at least if you only read the title. Such is\u00a0H.R. 882, the \u201cKeeping Guns from High-Risk Individuals Act\u201d introduced by Rep. Robin L. Kelly, &hellip; <a href=\"https:\/\/milesfortis.com\/?p=65379\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/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":[5,8],"tags":[],"class_list":["post-65379","post","type-post","status-publish","format-standard","hentry","category-politics","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/65379","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=65379"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/65379\/revisions"}],"predecessor-version":[{"id":65380,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/65379\/revisions\/65380"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=65379"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=65379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}