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Public Safety & 2A Rights Protection Act

We now have the text of the amendment to S. 649 proposed by Senator Joe Manchin (D-W.Va.) and Senator Pat Toomey (R-PA), ambiguously titled The Public Safety and Second Amendment Rights Protection Act.

Here is a summary of the amendment as provided by Senator Toomey on his website:

Bottom Line: The Public Safety and Second Amendment Rights Protection Act would require states and the federal government to send all necessary records on criminals and the violently mentally ill to the National Instant Criminal Background Check System (NICS). The bill extends the existing background check system to gun shows and online sales.

The bill explicitly bans the federal government from creating a national firearms registry, and imposes serious criminal penalties (a felony with up to 15 years in prison) on any person who misuses or illegally retains firearms records.

TITLE ONE: GETTING ALL THE NAMES OF PROHIBITED PURCHASERS INTO THE BACKGROUND CHECK SYSTEM

Summary of Title I: This section improves background checks for firearms by strengthening the instant check system.

• Encourage states to provide all their available records to NICS by restricting federal funds to states who do not comply.

• Allow dealers to voluntarily use the NICS database to run background checks on their prospective employees

• Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).

• Provides a legal process for a veteran to contest his/her placement in NICS when there is no basis for barring the right to own a firearm.

TITLE TWO: REQUIRING BACKGROUND CHECKS FOR FIREARM SALES

Summary of Title II: This section of the bill requires background checks for sales at gun shows and online while securing certain aspects of 2nd Amendment rights for law abiding citizens.

• Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.

• Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term “transport” includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.

• Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.

• Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.

• Ensures that sales at gun shows are not prevented by delayed approvals from NICS.

• Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships.

• Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.

• Permits interstate handgun sales from dealers.

• Allows active military to buy firearms in their home states.

• Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks

• Adds a 15 year penalty for improper use or storage of records.

TITLE THREE: NATIONAL COMMISSION ON MASS VIOLENCE

Summary of Title III: : This section of the bill creates a commission to study the causes of mass violence in the United States, looking at all aspects of the problem, including guns, school safety, mental health, and violent media or video games.

The Commission would consist of six experts appointed by the Senate Majority Leader and six experts appointed by the Speaker of the House. They would be required to submit an interim report in three months and a completed report in six months.

WHAT THE BILL WILL NOT DO:

The bill will not take away anyone’s guns.

The bill will not ban any type of firearm.

The bill will not ban or restrict the use of any kind of bullet or any size clip or magazine.

The bill will not create a national registry; in fact, it specifically makes it illegal to establish any such registry.

The bill will not, in any way at all, infringe upon the Constitutional rights of law-abiding citizens.

Doesn’t sound so bad, right? Well if you read the amendment, and it’s a long, confusing one to be sure, you’ll find that, as usual, there are some significant problems hidden amongst the confusing lawyer speak.

You can read a summary of the bill from Gun Owners of America here, where they detail the problems with the amendment including the ambiguity surrounding what transfers are included in the background check clause and what transfers are not, the holes in the national registry language, and the problems with the mental health records aspect of the amendment.

Read the entire amendment here, and contact your Senators today and tell them to oppose this nonsense.

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8 Responses to Public Safety & 2A Rights Protection Act

  1. You can figure it out... April 12, 2013 at 1:05 pm #

    I’m going to put a little bit out there.

    As a grown adult who suffered a terribly abusive and traumatic childhood, I have found a great deal of self respect, pride, and achievement by knowing that I can and will protect myself, my family, and I am doing the best I can in my life to ensure the safety of those around me. I feel relevant. Important. In control. Guns, range practice, self preservation tactics and the continuous research about new ways to keep our family safe brings my spouse and I closer together and is MUCH more productive than so many other garbage past times people employ. (Not judging).

    However, recently having a child, losing a job through no fault of my own and being hundreds of miles away from my family wears me down sometimes. I’m a little obsessive mentally about making sure I am doing the right things. I still need to address issues I have never gotten over deep inside me from my childhood so I know I am raising my daughter the best way possible. I know I can protect her physically, I’m trying to protect her emotionally.

    Your friends and family are generally biased when giving advice, so I’ve stated a few times to my spouse that maybe I should see a shrink as reinforcement that I am dealing with previously abusive people in my life in the most beneficial way possible and keeping them far away from my little girl so 25 years from now she isn’t going through this.

    If you met me, you would NEVER know I went through the life I did. I am a big believer in not dwelling on the past and making sure you are accountable for your own actions. I work my ass off, live below my means, am friendly, kind, and caring. I don’t tell people what I lived through because it isn’t relevant. Who I am NOW is relevant.

    This gun legislation does exactly the OPPOSITE of what it needs to! This country has a mental health problem. People like me who are in no danger of becoming a murderous villain are going to refuse to EVER go to a shrink because someone else can decide based on their perception of my feelings whether my birth rights should be taken away from me. Do I feel like I absolutely need a shrink? No. Would I like the opportunity to utilize one if I ever got really down and just needed someone to talk to? Of course!

    How about our veterans!? Making sure they cover evidence of any PTSD so they aren’t stripped of their rights after making huge sacrifices for this country!? INSANE! Veterans need more help than ever, suicide rates need to come down and now we’re giving them reasons to not want to talk to people to get help? This is so backwards it is unbelievable.

    The reason these mass shootings and murderous rampages happen is because of a mental health problem. Let us address that instead of making people LESS likely to ever go to a shrink!! What kind of idiots run this country?

    Sorry for the novel, I’m just so heated about this all.

    Email your senators and representatives people. Try to talk some sense in to them!

    • Brandon April 12, 2013 at 1:12 pm #

      I don’t normally allow comments from obviously fake email addresses, but occasionally I do. This is one such time. Thank you for sharing, and I wish you the best. God Bless.

      • You can figure it out... April 12, 2013 at 1:25 pm #

        I appreciate that. It’s shameful enough for a grown adult, even more so for a man to admit to needing someone to talk to. Now so many may have to face the fears that they can be stripped of their rights to protect themselves for divulging that they need help – it’s even worse for those who spent their lives protecting us by serving in the military. This has turned into such a mess. Thank you for getting the word out there and spreading the truth.

  2. Nikki April 12, 2013 at 1:33 pm #

    What are these supposed loopholes at gun shows? Have these politicians ever even BEEN to a gun show? WTF. Right now it’s already a crime to buy a gun for or provide a gun to someone who isn’t able to obtain one legally. There are a ton of laws to stop crime. THEY DON’T WORK. Ugh. What is the only way to prove a gun was transferred legally? To track it. How do you do that? REGISTRATION.

    I can’t believe this is happening here in the USA.

  3. 100atr April 12, 2013 at 4:08 pm #

    When the politicians spend time for their empty promises, I’ll believe them.

  4. Penny McClain April 12, 2013 at 6:05 pm #

    Well there is a question that I would like to pose, regarding mental health. They are saying in this new law that if there is any mental health issues then you would basically not be able to own a gun. That being said lets look at the victims of say the Sandy Hook Shooting. While most of the victims were children and I am sure that they had to seek counseling, and rightfully so. They then become adults and decide that they want to own a gun. But because they sought counseling due to no fault of their own because they were a victim. They can not own a gun?
    People who go to counseling because of say marital problems are now in the system seeking counseling nothing is wrong with them but now they can not own a gun?
    The problem that I see with this terribly flawed way of thinking is that if someone really is needing to seek counseling, but are afraid because they are a responsible gun owner; will not seek counseling for fear of getting their guns taken away.
    This is just such a gray area in my opinion giving the government too much power.

  5. Eddie April 12, 2013 at 9:28 pm #

    http://www.coburn.senate.gov/public/index.cfm/rightnow?ContentRecord_id=4ccfe20b-796f-472e-83c6-ef1fc5ecbb71

    The fear I have is what gets added on to any legislation that goes through and who gets to decide I should be on the “no-buy-list”. 18 Rep. Senators…could have stopped this from ever getting debated. It feels like Obamacare all over again.

  6. shawn April 14, 2013 at 9:16 am #

    The section that states that no dealer will be prosecuted for selling a firearm to Someone that passes a nics check and obtains a firearm legally, but then that firearm is used in a crime. It also stated that this law is already in use today. But what about the dealer that sold Nancy Lanza the firearms that were used in newtown but obtained legally. That dealers class 3 was revoked and now they are no longer to sell firearms. Lucy, someone has some splaining to do.