windcatcher
New Member
House Resolution 45 or the Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 introduced by Representative Bobby Rush (D-IL) is essentially a national firearm licensing program that will place all sorts of unconstitutional requirements on people attempting to obtain a firearm.
The rationale behind this bill is that they believe it will reduce gun violence in the United States. This is of course ridiculous because criminals will never go through any licensing process in order to obtain a firearm.
Let’s look at some of the major sections of this bill.
Section 101 outlines licensing requirements. The licensing requirements mandate that it will be unlawful for anyone to possess a firearm unless they have a license certified under the legislation. Unless you are a licensed importer, licensed manufacturer, licensed dealer or licensed collector you will not be able to own a firearm. State firearm licensing and record of sale systems must be certified under section 602 of the bill.
Section 102 of the bill outlines the application process of which an individual needs to go through in order to obtain a firearm. These are just some of the things an applicant will be required to submit to the Attorney General’s office in order to obtain a license.
- Current passport-sized photograph.
- Name, address, and date and place of birth of the applicant.
- Thumb print.
- Certification attesting to the completion at the time of application of a written firearms examination which shall test the knowledge and ability of the applicant on the safe storage of firearms, the legal responsibilities of firearms owners and any other subjects the Attorney General determines to be appropriate.
Section 103 of the bill describes the issuance of the firearm license which will be in the form of a tamper-resistant card that contains the information of the licensed individual. Each license will be good for 5-years.
Section 104 of the bill describes the renewal process which requires the licensed individual to submit an application not later than 30 days before the expiration of the license.
Section 105 of the bill gives the Attorney General the authority to revoke a license from an individual if they are no longer qualified to possess a firearm.
Section 201 of the bill states that it is unlawful for any person to sell, deliver, or transfer a firearm to any person who is not also licensed under the requirements in the legislation.
Section 202 of the bill requires that firearms dealers submit sale or transfer reports that include information such as the manufacturer of the firearm, model name of the firearm, serial number of the firearm, the name/address of the individual who transferred the firearm to the transferee and other assorted information. It also mandates that 9 months after this bill is signed into law that the Attorney General establishes and maintains this record of sale system.
Section 301 of the bill amends U.S. Code so that all individuals who seek a firearm license are subject to a universal background check requirement.
Section 302, 303, 304, 305 of the bill makes it illegal to, fail or maintain inspection of records for licensed manufacturers or licensed dealers in accordance with section 202, to fail to report a loss or theft of a firearm, to fail to provide a notice of change of address if you have a firearm license and places additional restrictions on anyone under the age of 18 coming in contact with a firearm.
Section 401 provides penalties including jail time for failing to comply with their ridiculous licensing procedures, background checks and child access prevention regulations.
Section 402 mandates that the Attorney General issue regulations governing the licensing and recorded sale of firearms.
Section 403 gives the Attorney General the power to conduct inspections during regular business hours at any place where firearm products are manufactured, stored or held for distribution in commerce.
Section 404 allows the Attorney General to prohibit the sale or transfer of any firearm that they find to be in violation of the Act itself.
Section 405 allows the Attorney General to bring an action to restrain any violation of the Act in the district court of the United States for any district that the violation has occurred.
Section 501 mandates that the Attorney General establish and maintain a firearm injury information clearinghouse to collect, analyze and disseminate information relating to the causes and prevention of death and injury associated with firearms.
Section 601 ensures that the federal law overrides state laws on firearms that might be weaker than what is contained in the bill itself. If a state has regulations or prohibitions in greater scope of the bill, than that is OK.
Section 602 allows the Attorney General to certify any firearm licensing system established by states.
There are other sections, but that covers the major portions. This bill is entirely unconstitutional because it places unreasonable restrictions on law abiding citizens who wish to own a firearm to protect their life, liberty and property. Let’s take a look at the text of the Second Amendment.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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