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New Law
#8629688
06/27/22 06:29 PM
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Joined: Feb 2007
Posts: 814
Texgun
OP
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Posts: 814 |
Where online can I find a copy of the new law.
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Re: New Law
[Re: Texgun]
#8629938
06/28/22 12:49 AM
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Joined: Dec 2009
Posts: 9,830
The Dude Abides
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2009
Posts: 9,830 |
I am still looking for the perfect apron, one with reinforced knee areas would be perfect.
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Re: New Law
[Re: Texgun]
#8629955
06/28/22 01:04 AM
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Joined: Feb 2007
Posts: 814
Texgun
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Yes, new law that Biden signed s few days ago. Something to do with background checks, mental health,red flag rules and so on. You know...a bunch of stuff to hassle honest people, but nothing to inconvenience the criminals.
Last edited by Texgun; 06/28/22 02:22 AM.
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Re: New Law
[Re: Texgun]
#8630154
06/28/22 11:45 AM
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Joined: Feb 2015
Posts: 5,585
hetman
"Trash Master"
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"Trash Master"
Joined: Feb 2015
Posts: 5,585 |
"Lesser mortals are pitied for the misfortune in not being born Texan."
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Re: New Law
[Re: Texgun]
#8630354
06/28/22 03:47 PM
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Joined: Oct 2013
Posts: 1,331
Dave Scott
Pro Tracker
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Pro Tracker
Joined: Oct 2013
Posts: 1,331 |
Not to drag in the Abortion overturn but I never knew the original thinking was a "Due Process of law" issue. Can Fed gov just pass a bunch of things like they have done? Don't such laws violate "due process" under the 14th Amendment? That is, you cannot be denied your life liberty, or property without "due process" of law? I thought that meant you get your day in court before you are restricted of rights. It would seem you would need to have been found by a court of law to be denied the ownership of firearms.
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Re: New Law
[Re: Texgun]
#8630400
06/28/22 04:49 PM
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Joined: Feb 2007
Posts: 814
Texgun
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Posts: 814 |
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Re: New Law
[Re: Texgun]
#8630417
06/28/22 05:21 PM
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Joined: Aug 2005
Posts: 20,942
Sniper John
gumshoe
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gumshoe
Joined: Aug 2005
Posts: 20,942 |
I see they changed the definition of "engaged in the business" for dealing. It was very vague and selectively enforced. Not being the principle objective of livelihood for the seller has often been the defense used for those that only flip a few firearms and not the main source of their income. This one could be a real snake in the grass for some people.
SEC. 12002. DEFINING “ENGAGED IN THE BUSINESS”. Section 921(a) of title 18, United States Code, is amended—
(1) in paragraph (21)(C), by striking “with the principal objective of livelihood and profit” and inserting “to predominantly earn a profit”;
(2) by redesignating paragraphs (22) through (29) as paragraphs (23) through (30), respectively; and
(3) by inserting after paragraph (21) the following:
“(22) The term ‘to predominantly earn a profit’ means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph, the term ‘terrorism’ means activity, directed against United States persons, which—
“(A) is committed by an individual who is not a national or permanent resident alien of the United States;
“(B) involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the United States; and
“(C) is intended—
“(i) to intimidate or coerce a civilian population;
“(ii) to influence the policy of a government by intimidation or coercion; or
“(iii) to affect the conduct of a government by assassination or kidnapping.”.
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Re: New Law
[Re: Texgun]
#8630619
06/28/22 10:59 PM
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Joined: Feb 2007
Posts: 814
Texgun
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Posts: 814 |
Is there anything in the law about assault weapons or background checks?
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Re: New Law
[Re: Texgun]
#8630691
06/29/22 01:08 AM
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Joined: Aug 2005
Posts: 20,942
Sniper John
gumshoe
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gumshoe
Joined: Aug 2005
Posts: 20,942 |
Is there anything in the law about assault weapons or background checks? Click on the link in hetman's post above and scroll down to the firearms part. If it gets confusing wading through the legal wordings and you just want to know a basic idea of what is in it. https://www.yahoo.com/video/highlights-bipartisan-gun-violence-bill-135840124.html—Expanded background checks: State and local juvenile and mental health records of gun purchasers will be part of federal background checks for buyers age 18 to 20. Three-day maximum for gathering records will be lengthened to up to 10 days to search juvenile data. If 10 days lapse without a resolution, the sale will go through. —“Boyfriend loophole”: Convicted domestic violence offenders will be denied guns if they have a current or past “continuing serious relationship of a romantic or intimate nature” with victim. Abusers' right to buy firearms will be restored after five years if no additional violent crimes are committed. Firearms are currently denied to domestic abusers if they are married, live with or had a child with victim. —Red flag laws: Federal aid will be given to the 19 states, plus the District of Columbia, that have laws helping authorities get court orders to temporarily remove guns from people deemed dangerous. Those states will need strong processes for challenging the taking of firearms. Other states could use money for crisis intervention programs. —Mental health: The bill will expand community behavioral health clinics, help states bolster mental health programs in schools and provide more mental health consultations remotely. —Education: The bill will increase spending on school mental health, crisis intervention, violence prevention programs, mental health worker training and school safety. —Federally licensed gun dealers: Current law requires that people “engaged in the business" of selling guns be licensed, which means they must conduct background checks. The bill defines that as selling firearms ‘‘to predominantly earn a profit," in an effort to prosecute people who evade the requirement. —Gun traffickers: The bill will create federal crimes for gun traffickers and “straw purchasers" who buy guns for people who would not pass background checks. The penalties are up to 25 years in prison. Such offenders are now primarily prosecuted for paperwork violations.
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Re: New Law
[Re: Texgun]
#8630707
06/29/22 01:28 AM
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Joined: Feb 2007
Posts: 814
Texgun
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Posts: 814 |
Sniper John, Thanks for the summary. So, there is nothing in it about assault weapons or universal background checks?
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Re: New Law
[Re: Texgun]
#8630722
06/29/22 01:53 AM
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Joined: Aug 2005
Posts: 20,942
Sniper John
gumshoe
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gumshoe
Joined: Aug 2005
Posts: 20,942 |
Sniper John, Thanks for the summary. So, there is nothing in it about assault weapons or universal background checks? One way this bill is trying to get an increase in background checks is the changed definition of dealing from engaging in a business or livelihood to simply to earn a profit. In theory to cause more people to have to obtain a firearms license. At least that is what they are trying to say about it. I know it still has the improve or liquidate a collection part, but for those that occasionally flip guns quickly to make a buck or "clean out the safe" every month kinda thing as a hobby, I would tread very lightly if it were me until I saw how heavy handed BATF is going to be using this as an enforcement tool using the new wording. But no, I don't see anything about assault weapons or universal background checks. Just the expanded and extended for under 21 and domestic violence records now including persons dating.
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Re: New Law
[Re: Texgun]
#8630797
06/29/22 03:38 AM
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Joined: Feb 2007
Posts: 814
Texgun
OP
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OP
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Posts: 814 |
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Re: New Law
[Re: Texgun]
#8631088
06/29/22 05:00 PM
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Joined: Oct 2013
Posts: 1,331
Dave Scott
Pro Tracker
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Pro Tracker
Joined: Oct 2013
Posts: 1,331 |
I've looked at the new law a little. Off hand it doesn't seem to "go after guns" all that much- so that's good. On all these mass shootings, I'm not sure IF ANY occurred from a gun "just bought". To the best of my knowledge the guns had been owned for a long period of time, often a parent, etc. I think school mental health workers for disturbed children might be a very good idea. There ought to be some sort of requirement for anyone to report any knowledge they have about a potential crime (mass shootings). It seems that such is often common- folks knew about some nut threatening to do something. And the police have to "rush it". Years ago, when I was starting out in life I wanted to be a cop. You had to do 20 flies with 80 pound dumbells and I just wasn't strong enough. In any event you also had to sign a non-defeasance clause which basically said you couldn't be a "sissy". If folks were in danger you had to rush in to save the day.
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