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View Full Version : S. 436 (2011) Schumer "Fix Gun Checks Act of 2011"


Librarian
03-26-2011, 12:07 PM
Introduced 3/2/2011

http://thomas.loc.gov/cgi-bin/query/z?c112:S.436:

h/t NRA email

TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

Sec. 101. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System.

Sec. 102. Requirement that Federal agencies certify that they have submitted to the National Instant Criminal Background Check System all records identifying persons prohibited from purchasing firearms under Federal law.

Sec. 103. Adjudicated as a mental defective; mental health assessment plan.

Sec. 104. Clarification of the definition of drug abusers and drug addicts who are prohibited from possessing firearms.

TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

Sec. 201. Purpose.

Sec. 202. Firearms transfers.

Sec. 203. Effective date.

Hogxtz
03-26-2011, 12:23 PM
Oh absolutley, I agree with this bill. If it passes, than never ever again will a mental person ever be able to get a gun.

What a bunch of bulls--t. He will never understand 2A. It amazes me how these guys are sworn to uphold the constitution and than walk all over it.

Librarian, what are chances of this passing?

ClayW
03-26-2011, 12:28 PM
Oh absolutley, I agree with this bill. If it passes, than never ever again will a mental person ever be able to get a gun.

Isn't that how it is already, if you've been admitted to a mental hospital or declared criminally insane, you will fail the background check?

Librarian
03-26-2011, 12:33 PM
Isn't that how it is already, if you've been admitted to a mental hospital or declared criminally insane, you will fail the background check?

Yes - if the records are available. Mental health records are in pretty miserable shape for reliability/accuracy, so putting them on line to be searched interstate is likely to introduce a lot of problems.

It's a Garbage In - Garbage Out problem.

Hogxtz
03-26-2011, 12:33 PM
Isn't that how it is already, if you've been admitted to a mental hospital or declared criminally insane, you will fail the background check?

I was being sarcastic! I thought the same as you. I thought that they would already be reported but cant a mental person still get a gun anyways through the criminal channels just like dirtbags do? If a mental person knew he/she would fail a legal gun purchase, wouldnt they attempt to get one another way?

From what I understand though, some states fail to report sometimes.

dustoff31
03-26-2011, 12:34 PM
Isn't that how it is already, if you've been admitted to a mental hospital or declared criminally insane, you will fail the background check?

Only if it's been reported to the FBI/NICS. Some states, and even other fed agencies are very lax about it. Same with drug convictions, or any other disqualifying factor.


I'm going to go out on a limb and say that I believe this has a pretty good chance of passing. We might possibly even see the NRA roll over on this one.

Hogxtz
03-26-2011, 12:36 PM
Only if it's been reported to the FBI/NICS. Some states, and even other fed agencies are very lax about it. Same with drug convictions, or any other disqualifying factor.


I'm going to go out on a limb and say that I believe this has a pretty good chance of passing. We might possibly even see the NRA roll over on this one.

Yes I would have to agree.

beauregard
03-26-2011, 12:43 PM
Okay, so hypothetically this bill passes and the background check is instant... so we can nix the CA ten-day wait.

Uh, yeah, I probably shouldn't try to corner legislators with logic.

dustoff31
03-26-2011, 12:52 PM
Okay, so hypothetically this bill passes and the background check is instant... so we can nix the CA ten-day wait.

Uh, yeah, I probably shouldn't try to corner legislators with logic.

The instant check is already in use by most states (and it's free). CA and a few others choose to do otherwise. I don't see that changing should this pass, at least not because of the bill.

Pete Albrecht
03-26-2011, 1:49 PM
Whoa there, buckaroos.

I see one great big problem. Right now, private party, face to face transfers of curio and relic, and antique, firearms are not subject to any of this background check / licensee business. Scanning over that Thomas document very quickly, I see NO exception made for C&R or antique!

If so, if other snippets of existing law don't make an exception for this, then we lose that option. BIG problem!

NRA, to the barricades on this one!

The rest of you, start buying those old milsurps NOW!

Lone_Gunman
03-26-2011, 1:59 PM
FWIW the CA 10 day wait has nothing to do with the background check. It's a "cooling off" period so you don't buy a gun and blast someone the same day. That't why I find it particularly stupid when I walk into a gun store legally CCWing one of my pistols, buy a gun, and have to wait 10 days to pick it up. If I really wanted to shoot someone I would use one of the guns I already have.

steelrain82
03-26-2011, 3:16 PM
Also if you are aressted for a drug related incident and not convicted you are put on the list. If you have PTSD I believe you are on the list. I guess I and many other veterans would be magically cured of PTSD. Or at least never seek treatment. Someone please correct memif I'm wrong. But that is what I read the other day.

Ford8N
03-26-2011, 5:59 PM
FWIW the CA 10 day wait has nothing to do with the background check. It's a "cooling off" period so you don't buy a gun and blast someone the same day. That't why I find it particularly stupid when I walk into a gun store legally CCWing one of my pistols, buy a gun, and have to wait 10 days to pick it up. If I really wanted to shoot someone I would use one of the guns I already have.

Correct

The ten day wait for current gun owners has ABSOLUTELY nothing to do with cooling off. It's all about training and desensitizing the population to "gun control" making it easier to nibble away at the Second Amendment. It is working in California.

southernsnowshoe
03-26-2011, 6:54 PM
Okay, so hypothetically this bill passes and the background check is instant... so we can nix the CA ten-day wait.




You are correct bubba. and shortly thereafter, large rainbow colored pigs will fly out of my arse.

dwtt
03-26-2011, 6:56 PM
Does anyone remember last year when people were getting excited about removing Harry Reid from office with that nut case woman, Charlene Somethingsomething? Now imagine if Chuck Schumer was the new senate majority leader. I figure some people would conveniently forget this fact, so I brought it up to remind everyone. Peace. :)