Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

February 17, 2009

The Brady Bill Was Only Step 1

by Stephen Littau

Remember the “good old days” of the Brady Bill and the instant background check? It turns out that the gun grabbers in the 111th Congress no longer believe these gun control measures go far enough. Introducing perhaps the gravest threat to date against the Second Amendment: H.R. 45 Blair Holt’s Firearm Licensing and Record of Sale Act of 2009.

The primary goals of H.R. 45 are to license every firearm for every firearm a gun owner owns and regulate the buying and selling of firearms through licensed dealers. To apply for a firearms license, the applicant would have to provide the following:

SEC. 102. APPLICATION REQUIREMENTS.
(a) In General- In order to be issued a firearm license under this title, an individual shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include–
(1) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
(2) the name, address, and date and place of birth of the applicant;
(3) any other name that the applicant has ever used or by which the applicant has ever been known;
(4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;
(5) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;
(6) a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;
(7) a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding–
(A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;
(B) the safe handling of firearms;
(C) the use of firearms in the home and the risks associated with such use;
(D) the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and
(E) any other subjects, as the Attorney General determines to be appropriate;
(8) an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;
(9) the date on which the application was submitted; and
(10) the signature of the applicant.
(b) Regulations Governing Submission- The Attorney General shall promulgate regulations specifying procedures for the submission of applications to the Attorney General under this section, which regulations shall–
(1) provide for submission of the application through a licensed dealer or an office or agency of the Federal Government designated by the Attorney General;
(2) require the applicant to provide a valid identification document (as defined in section 1028(d)(2) of title 18, United States Code) of the applicant, containing a photograph of the applicant, to the licensed dealer or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that dealer, office, or agency; and
(3) require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the licensed dealer or office or agency of the Federal Government, as applicable.
(c) Fees-
(1) IN GENERAL- The Attorney General shall charge and collect from each applicant for a license under this title a fee in an amount determined in accordance with paragraph (2).
(2) FEE AMOUNT- The amount of the fee collected under this subsection shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subsection during a fiscal year is sufficient to cover the costs of carrying out this title during that fiscal year, except that such amount shall not exceed $25.

I haven’t had time to read the rest of the bill, but from this and the titles of the remaining subsections (i.e. Sec. 302 Failure to Maintain or Permit Inspection of Records, Sec. 304 Failure to Provide Notice of Change of Address, Sec. 405 Inspections, etc.) it’s probably much worse than I think. This is like a bad marriage between the Real I.D. Act and the Brady Bill.

If the Brady Bill was step 1 and H.R. 45 is step 2 what are we then left with for step 3 but the outright repeal of the Second Amendment and complete prohibition for individuals to own firearms?

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  • http://anarchangel.blogspot.com Chris

    It has no co-sponsors and wont even be brought forward to committee.

    One or another democrat introduce the same bill in every congress.

    Not to say nasty gun control attempts with a serious chance of passing aren’t going to be floated shortly.

  • EscapedWestOfTheBigMuddy

    [It] wont even be brought forward to committee.

    I hope you right.

  • http://pith-n-vinegar.blogspot.com/ Quincy

    Stephen –

    If it’s like the de facto repeals of the 1st, 4th, 9th, and 10th Amendments, the words will remain in the Constitution while the meaning is destroyed.

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  • tfr

    Heller vs D.C.

  • http://www.thelibertypapers.org/ Stephen Littau

    Quincy I agree. “outright repeal of the Second Amendment” might be a little hyperbole on my part. The gun grabbers will continue to claim that the Second Amendment is a collective right rather than an individual right. Even in today’s anti-freedom climate, the idea of actually repealing the Second Amendment would be a non-starter. I suppose in a few decades or so such an effort could be successful though.

  • http://www.thelibertypapers.org/ Stephen Littau

    Chris,

    You follow this particular issue much closer than I do so I’ll consider this a relief. I was alerted to H.R. 45 listening to a local talk show host who seemed very concerned that such a bill could pass. From there I decided to look the bill up and see if it was as bad as he said.

    Perhaps he was being alarmist but I do think that any legislation threatening our individual rights should be taken seriously.

  • Glockgemini

    Guys, HR45 was included in the stimulus bill and was signed into law Tuesday by the Obamanation. I suspect it’ll take a while to implement.

  • http://www.1000needles.blogspot.com David Wilson

    Holy shit.

  • Greg Marcoux

    H.R. 45 was not included in the stimulus bill. Just a rumor people.

  • http://anarchangel.blogspot.com Chris

    Stephen, I agree we need to keep a watchful eye on this issue at all times.

    Just that in this specific case, this bill is a dead end.

  • Jeremy

    We all need to talk to our leadership and voice our displeasure over this. We all need to band together and stand up for our rights!

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