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Thread: H.R. 45 Blair Holt's Firearm Licensing and Record of Sale Act of 2009

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    Michigan Moderator DrTodd's Avatar
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    H.R. 45 Blair Holt's Firearm Licensing and Record of Sale Act of 2009
    To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.
    In a nutshell, this is what it does:
    1. Require licensing for anybody that owns a gun.
    2. Would require photographs and a thumbprint.
    3. Would require passage of a test that covers:
    (A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;
    (B) the safe handling of firearms;
    (C) the use of firearms in the home and the risks associated with such use;
    (D) the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and any other subjects, as the Attorney General determines to be appropriate;
    4. mandates licensing, registration and safe storage for handguns and semi-automatic rifles with detachable magazines.
    5. provides for inspection, so you surrender your fourth amendment rights by being licensed.
    6. requires reporting of Lost and Stolen firearms.
    7. must inform the federal government if you change addresses.

    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    Regular Member dougwg's Avatar
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    Michigan Moderator DrTodd's Avatar
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    Thanks dougwg,
    wrote everything down except where to get the actual bill...
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    Aw geez, I believe I have some books that should be banned as well.. who is that knocking? The mechanical hound maybe?

    "Sir, is that aBIBLE that your .45 is resting on? Could you please put down the cuban cigar and glass of single malt scotch and follow me please?"

    "Mr. Montag, would you be so kind as to take care of this gentleman's contraband."

    sigh...

    Rev. J

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    SEC. 103. ISSUANCE OF LICENSE.

    • (a) In General- The Attorney General shall issue a firearm license to an applicant who has submitted an application that meets the requirements of section 102 of this Act, if the Attorney General ascertains that the individual is not prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.

    • Does this mean a national firearms permit would be issued? If so, does it pre-empt state issued permits? What about OC/CC? Does the USAG intend to weigh in on that subject?


      Just my thoughts.

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    http://opencarry.mywowbb.com/forum4/20581.html

    Over-posted. The above link is the most active discussion I have found.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Well all ain't lost yet, once the Lord, and Savior gets sworn in I'm sure he will go right to work, protecting our rights especially the 2nd.

    :celebrate

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    I particularily like the law of Colorado, meaning no records database:

    29-11.7-102. Firearms database - prohibited.
    (1) A local government, including a law enforcement agency, shall not maintain a list or other form of record
    or database of:
    (a) Persons who purchase or exchange firearms or who leave firearms for repair or sale on consignment;
    (b) Persons who transfer firearms, unless the persons are federally licensed firearms dealers;
    (c) The descriptions, including serial numbers, of firearms purchased, transferred, exchanged, or left for
    repair or sale on consignment.
    Source: L. 2003: Entire article added, p. 653, ยง 2, effective March 18.
    29-11.7-103. Regulation - type of firearm - prohibited.
    A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or
    possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any
    such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and
    unenforceable.

    Also you notice that you can exchange firearms within individuals? I also was reading that you do not have to have a permit in Colorado to conceal carry a pistol in your car for lawful purpose, including self defense. Wish someone would pen that into our legistlaive bills!!!

    BTW Colorado recognizes Michigan CPL as well. Good! When I visit my kids in Denver all is well.:celebrate

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    Michigan Moderator DrTodd's Avatar
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    Generally, the Federal Government justifies such legislation through either the commerce clause (or incorporation through the 14th Amendment).

    If the Feds can "justify" the legislative power, because they believe the issue affects interstate transportation or equal protection, the courts are often loathe to say they don't. The issue doesn't typically follow political ideology, though, as the feds often enforce laws that can be seen as problematic to both conservatives and liberals. For example, generally conservatives are happy that the Congress legislates the federal prohibition of marijuana or that they outlaw gay marriage, and generallyliberals are happy when we have laws which declare a minimum wage or enforce civil rights legislation. (Notice I said "generally" here; these issues often cross the "left/right" dichotomy)

    IMHO, I think most of us would be happy if Congress used the aforementioned justifications to allow national concealed carry, but we must remember that what can work for us can also work against us.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    Yes, National concealed carry might be good on one hand, and "informative" on the other. I am sure that a National concealed handgun law, stating that uniformity between each state needs to be equal and since the Second Amendment guarantees the right to each citizen to bear arms, only regulations pertaining to issuing of national license of Conceal Carry and the FFL background checks for initial purpose would be mandated on a national level. IE. You buy a firearm for hunting, you don't need a concealed permit for that. You buy a handgun that you might want to conceal as in carry on a regular basis, then as a National Conceal Carry, you must submit proof of training, proof of citizenship, proof of eligibility in background and fingerprint cards/photo, then the Conceal Carry permit will be issued and good in ALL states and ALL cities.. notice the word all. No individual State or City can deny the constitutional right of carry, and your National CC License is good for you in your carry across borders in your business or leisure.

    I have a dream!!



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