Full Text of S.649 "The Compromise"

[allingeneral]

Senator Pat Toomey has finally posted the full text of "The Public Safety And Second Amendment Rights Protection Act," the so called gun Senate compromise bill, agreed upon by Toomey, Joe Manchin, and Chuck Schumer. Here's the text of 7,800 word bill:

Purpose: To protect Second Amendment rights, ensure that all individuals who should be prohibited from buying a firearm are listed in the National Instant Criminal Background Check System, and provide a responsible and consistent background check process.

S. 649

To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale, and for other purposes.

Referred to the Committee on __________ and ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT INTENDED TO BE PROPOSED BY MR. MANCHIN (for himself, Mr. TOOMEY, Mr. KIRK, and Mr. SCHUMER)
Viz:
Strike title I and insert the following:
TITLE I-PUBLIC SAFETY AND SECOND AMENDMENT RIGHTS PROTECTION ACT
SECTION 101. SHORT TITLE.
This title may be cited as the "Public Safety and Second Amendment Rights Protection Act of 2013".
SEC. 102. FINDINGS.
Congress finds the following:
(1) Congress supports, respects, and defends the fundamental, individual right to keep and bear arms guaranteed by the Second Amendment to the Constitution of the United States.
(2) Congress supports and reaffirms the existing prohibition on a national firearms registry.
(3) Congress believes the Department of Justice should prosecute violations of background check requirements to the maximum extent of the law.
(4) There are deficits in the background check system in existence prior to the date of enactment of this Act and the Department of Justice should make it a top priority to work with States to swiftly input missing records, including mental health records.
(5) Congress and the citizens of the United States agree that in order to promote safe and responsible gun ownership, dangerous criminals and the seriously mentally ill should be prohibited from possessing firearms; therefore, it should be incumbent upon all citizens to ensure weapons are not being transferred to such people.
SEC. 103. RULE OF CONSTRUCTION.
Nothing in this title, or any amendment made by this title, shall be construed to-
(1) expand in any way the enforcement authority or jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or
(2) allow the establishment, directly or indirectly, of a Federal firearms registry.


Doesn't sound too bad so far, eh?

Read the rest of it here:
http://www.weeklystandard.com/blogs/pos ... 16249.html

[DryBones]

but this would only be an amendment to change certain things in the big bill. There are lots of things in there that would still be bad.

[TacticalMom]

I am just going to cut and paste some interesting tid bits.

"(iii) in the case of an instant background check conducted at a gun show or event during the 4-year period beginning on the effective date under section 130(a) of the Public Safety and Second Amendment Rights Protection Act of 2013, 48 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; or
"(iv) in the case of an instant background check conducted at a gun show or event after the 4-year period described in clause (iii), 24 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and";"

For those FFL gun shops and for gun show booth owners, are they going to get into trouble if they try to contact the system and don't get a response in 48 hours, or 24 hours?

Here is this about transfers, my focus is on friends and family section.
"(A) the transfer is made after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s), and upon taking possession of the firearm, the licensee-
"(i) complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's business inventory to the unlicensed transferee, except that when processing a transfer under this chapter the licensee may accept in lieu of conducting a background check a valid permit issued within the previous 5 years by a State, or a political subdivision of a State, that allows the transferee to possess, acquire, or carry a firearm, if the law of the State, or political subdivision of a State, that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law;
"(B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if-
"(i) the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section; and
"(ii) the transfer was conducted in compliance with the laws of the State;
"(C) the transfer is made between spouses, between parents or spouses of parents and their children or spouses of their children, between siblings or spouses of siblings, or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren, or between aunts or uncles or their spouses and their nieces or nephews or their spouses, or between first cousins, if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law; or"

Is this saying you won't get into trouble if you transfer up to your first cousin, and don't know or have a reasonable cause to think that the transferee is prohibited? Also why stop at first cousins. And I know a lot of people that are going to become family. =)

Transportation interstate

SEC. 128. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.
(a) In General.-Section 926A of title 18, United States Code, is amended to read as follows:
"926A. Interstate transportation of firearms or ammunition
"(a) Definition.-In this section, the term ‘transport'-
"(1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport; and
"(2) does not include transportation-
"(A) with the intent to commit a crime punishable by imprisonment for a term exceeding 1 year that involves a firearm; or
"(B) with knowledge, or reasonable cause to believe, that a crime described in subparagraph (A) is to be committed in the course of, or arising from, the transportation.
"(b) Authorization.-Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to-
"(1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation-
"(A) the firearm is unloaded; and
"(B)(i) if the transportation is by motor vehicle-
"(I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or
"(II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is-
"(aa) in a locked container other than the glove compartment or console; or
"(bb) secured by a secure gun storage or safety device; or
"(ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and
"(2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation-
"(A) the ammunition is not loaded into a firearm; and
"(B)(i) if the transportation is by motor vehicle-
"(I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or
"(II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or
"(ii) if the transportation is by other means, the ammunition is in a locked container."

Is this new law going to be affecting our carrying across state lines. I thought that was what the reciprocity agreements among states was for at state level. Since when are they trying to regulate what you can and cannot transport across state lines. What if I wanted to go hunting with my father in Alabama. I have to have all of my stuff even, my cc in the trunk or a locked box, without ammo?

Maybe I am crazy but it seems they write these laws to be just vague enough so that people can interpret them, and the laymen (like me) cannot understand them fully.

[gunderwood]

Maybe I am crazy but it seems they write these laws to be just vague enough so that people can interpret them, and the laymen (like me) cannot understand them fully.[/b]

That's the point of modern law making. Baffle the surfs with BS while you steal, control, and lie to them.

[9mmjhp]

"between parents or spouses of parents and their children or spouses of their children"

i thought the whole intention of this bill is to prevent mass murderers like adam lanza. having aquired his weapons from his mother that pretty much means this law would not have prevented his crime. this is of course assuming that the firearms were not stolen from his mother. although i have not heard any facts on how exactly the firearms were kept in the home (locked away or kept accessible)

[thekinetic]

And they didn't even buy us a drink first.

[Swampman]

And they didn't even buy us a drink first.

Yeah, but you can bet they'll be lighting up after they get done laying the pipe!