S649 - Public Safety and Second Amendment Rights Protection Act (Amended by Manchin and Toomey)

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Text available

 

http://www.huffingtonpost.com/2013/04/11/manchin-toomey-background-checks-bill_n_3065100.html?utm_hp_ref=gun-control

and

http://www.docstoc.com/docs/152165893/Public-Safety-and-Second-Amendment-Rights-Protection-Act

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Just finished reading the amendment. It only amends Title I, Schumer's piece.

 

Title II, Leahy's Stop Illegal Trafficking Firearms Act is not amended.

Title III, School and Campus Safety Enhancements Act is not amended.

 

Original S649 is still available on govtrack.

http://www.govtrack.us/congress/bills/113/s649/text

[voyager9 3,441]

Can someone summarize? I'm not "registering" just to view it.

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Language on "Gun Show" and "Internet Sales"

 

- Only "Gun Show" and "Internet Sales" need background checks. Private Sales are excluded.

- Instead of going through a background check, just show your NJ FID or FL CCW. If it was issued within the past 5 years, no background check.

- The page 36 "temporary transfer" alleviates the previous concerns about "if I leave town for 7 days" and "if my buddy and I shoot on private land."

 

 

Page 21, starting line 13 and 22 "922 (t)(1) ... it shall be unlawful for any person other than a licensed dealer... to complete the transfer of a firearm to any other person who is not listed under this chapter if such transfer occurs (A) at a gun show or event, on the curtilage thereof; or (B) pursuant to an advertisement, posting, display or other listing on the Internet or in an publication by the transferor of his intent to transfer, or the transferr of his intent to acquire, the firearm.

(2) Paragraph (1) shall not apply if

(A) the transfer is made after a... licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s)...

(i) ... 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...

(B) the transfer is made between an unlicensed tranferor and an unlicensed transferee residing in the same State, which takes place in such State..."

"

 

 

 

Page 36, starting line 8 and 18 " Nothing in this subtitle... shall be construed (2) to extend background check requirements to temporary tansfers for purposes including lawful hunting or sporting or to temporary possession of a firearm for purposes of examination or evaluation by a prospective transferee."

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Starting page 33, clarifies FOPA 926A to cover cases like Greg Revell.

 

 

 

Page 33, starting line 5 " (1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incident to the transport."

 

 

Ruling from Court of Appeals for Third Circuit.

"Revell said he had been forced to stay overnight at a hotel in Newark Revell thus had access to his firearm and ammunition during his stay at the New Jersey hotel, whether or not he in fact accessed them and regardless of whether they were accessible while he was traveling by plane or van. That crucial fact takes Revell outside the scope of § 926A’s protection,...Although we conclude that Revell fell outside of § 926A’s protection during his stay in New Jersey, we recognize that he had been placed in a difficult predicament through no fault of his own. However, Section 926 clearly requires the traveler to part ways with his weapon and ammunition during travel; it does not address this type of interrupted journey or what the traveler is to do in this situation."

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Brand new Section C, creating a bi-partisan commission that will write an interim report in 3 months and final report in 6 months.

 

 

Page 37, starting line 7 " Subtitle C - National Commission on Mass Violence...

Section 142. National Commission on Mass Violence

(a)... There is established a commission to be known as the National Commission on Violence to study the availability and nature of firearms, including the means of acquiring firearms, issues relating to mental health, and all positive and negative impacts of availability and nature of firearms on the incidents of mass violence or in preventing mass violence.

(b) Membership

(1) Appointments - The Commission shall be composed of 12 members of whom

(A) 6 members of the Commission shall be appointed by the Majority Leader of Senate, in consultation with the Democratic leadership of the House of Representives, 1 of whom shall serve as Chairman of Commission and

(b) 6 members of the Commissin shall be appointed by the Speaker of the House of Representatives, in consultation with the Republican leader of the Sentate, 1 of whom shall serve as Vice Chairment of the Commission."

(2) Persons Eligible

(A)... (ii) not less than 1 non-elected individual from each of the following categories, who has expertise in the category, by both experience and training (I) Firearms (II) Mental health (III) School Safety (IV) Mass media.

 

Section 143. Duties of the Commission

(a) Study

(1)... to conduct a comprehensive bactual study of incidents of mass violence, including incidents of mass violence not involving firearms, in the context of the many acts of senseless mass violence that occur in the United States each year, in order to determine the root causes of such mass violence.

(2) ... any matter the Commission determines relevent... including at minimum

(A) the role of schools

(B) effectiveness of and resource available for school security strategies

© the role of families and the availability of mental health... to help familities detect and counter tendencies toward mass violence

(D) the effectness and use of... the mental health system in understanding, detecting and countering...

(E) whether medical doctors and other mental health professionals have ability.. to notify law enforcement officials when patient is a danger to himself or others

(F) the nature and impact of alientation of perpetrators..

(G) the role that domestic violence plays in causing incidents of mass violence.

(H) effects of depictions of mass violence in media

(I) availability and nature of firearms...

(J) the role of current prosecution rates in contributing to the availability of weapons

(K) the availability of information regarding the construction of weapons

(L) the view of law enforcement officials, religious leaders, mental health experts...

(M) incidens in which firearms were used to stop mass violence

(N) any other area that the Commission determines

(b) Recommendations... shall make recommendations to the President and Congress..

© Reports

(1) Interim Report - Not later then 3 months after ... Commission first meets.

(2) Final Report - Not later than 6 months after... Commission first meets.

[n4p226r 105]

So if you list your gun for sale on a forum and meet face to face you need a background check

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So if you list your gun for sale on a forum and meet face to face you need a background check

 

So don't list it for sale. Don't post it as intent to transfer or acquire.

[voyager9 3,441]

So if you list your gun for sale on a forum and meet face to face you need a background check

 

Not if seller, buyer, and transaction are in the same state.

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Not if seller, buyer, and transaction are in the same state.

 

True. That's one of the exemptions.

 

(2) Paragraph (1) shall not apply if

...

(B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State..."

[JibbaJabba 7]

Of the 16 Republicans who crossed the aisle last week and voted with Democrats to begin a debate on gun control, 10 of them have now formally said they will vote against Manchin-Toomey: Sens. Lamar Alexander (Tenn.), Jeff Flake (Ariz.), Richard Burr (N.C.), Saxby Chambliss (Ga.), Tom Coburn (Okla.), Bob Corker (Tenn.), Lindsey Graham (S.C.), John Hoeven (N.D.), Johnny Isakson (Ga.), and Roger Wicker (Miss.).

 

Read more: http://www.politico.com/story/2013/0...#ixzz2Qd1JWsQs

 

 

Maybe the Republicans had a plan all along, rooting out all the Democrats who plan to vote yes from the following gun friendly states...

 

Maine

Virginia

Vermont

New Hampshire

Nevada

Montana

Virginia

West Virginia

South Dakota

 

It would be a huge move should Republicans take the above seats.

 

NJ in the middle of it...

 

"Razor-thin passage could hinge on Lautenberg, who has been ill and has not come to Washington in more than a month - his last vote was Feb. 28 - but may return for the crucial vote.

 

"Sen. Lautenberg is feeling better and hopes to be in Washington for gun votes this week," spokeswoman Caley Gray wrote in an e-mail."

 

http://www.philly.com/philly/news/20130416_Toomey-Manchin_gun_bill_facing_uphill_fight.html

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NRA is playing chess while Democrats are playing checkers.

 

No matter how many amendments gets passed, NRA will still publicly oppose. Liberals won't be happy with any bill NRA supports. It is much more about spiting people, not sound policy.

[voyager9 3,441]

So the voting today is on the Amendments.. 9 of them:

 

1) Legislation to expand background checks to gun shows and the Internet. This is the Manchin-Toomey proposal that’s getting so much press lately. It would require all buyers of firearms at gun shows and over the Internet to complete federal background checks. You can see a backgrounder of the proposal here, and I solicited the opinions of gun experts here.

This amendment, authored by Joe Manchin III (D-W.Va.) and Pat Toomey (R-Pa.), is considered the one most likely to pass, but it’s far from a certainty. An analysis from my Washington Post colleagues Tuesday found that just 52 senators were planning on voting for the amendment — not enough to meet the 60-vote threshold to break a filibuster. One key person to watch will be John McCain (R-Ariz.) — he could be a swing vote.

2) An assault weapons ban. This amendment, authored by Dianne Feinstein (D-Calif.) would ban certain assault weapons and high-capacity magazines. It tries to strengthen some of the loopholes in the previous assault-weapons ban, which lasted from 1994 to 2004. I’ve written a fuller breakdown here.

3) A ban on high-capacity magazines only. This is essentially a slimmed-down version of the assault-weapons ban. The amendment is authored by Frank Lautenberg (D-N.J.) and Richard Blumenthal (D-Conn.). You can check out the text of the proposal here, and Lautenberg explains the rationale behind the legislation in this op-ed.

4) Funding for mental health programs. This amendment, authored by Tom Harkin (D-Iowa) and Lamar Alexander (R-Tenn.), would expand federal mental health programs on a variety of fronts, from schools to suicide prevention to “assessing barriers to integrating behavioral health and primary care.” You can see a breakdown of the proposal here.

5) Combating trafficking and straw purchases. As I explained here, various proposals have been floating around the House and Senate to make gun trafficking and straw purchases a federal crime. This amendment, authored by Patrick Leahy (D-Vt.) and Susan Collins (R-Maine), was crafted with the National Rifle Association to increase those penalties but also to “ensure that lawful gun purchasers can buy firearms from licensed dealers to give as bona fide gifts.”

6) A Republican substitute gun measure. This is being authored by Chuck Grassley (R-Iowa) and Ted Cruz (R-Tex.) as an amendment that would replace the entire gun bill with a GOP alternative. Some of the details can be found in this backgrounder. The bill would increase resources for gun prosecutions, mental health, and school security. It would also increase certain gun rights, such as allowing interstate handgun sales and giving members of the military more leeway to buy firearms. It would not include any gun restrictions.

7) Expand concealed-carry permits. This amendment, authored by John Cornyn (R-Tex.), ”would guarantee the rights of gun owners to carry concealed weapons across state lines and within other states that also have concealed-carry laws.”

8) Expand gun rights to veterans. Under current law, veterans who go to the Veterans Administration and are deemed unable to manage their own financial affairs are also barred from owning firearms. This amendment, authored by Richard Burr (R-N.C.), would “require a judicial authority” to decide whether those veterans are unable to own guns. The proposal, Burr says, could potentially affect some 116,000 veterans.

9) Protect the privacy of gun owners. This amendment, authored by John Barrasso (D-Wyo.), would limit the ability of state governments to release the names of gun owners.

[Pythagoras 2]

Just watched Sen. Joe Machin, D-West Virginia. Sometimes he seems reasonable in that this is the only piece of legislation that actually gives something to us, other times he's a snake just like the rest. He actually quoted a suspected Al Qaeda terrorist (can't remember the name) who claims anyone can buy a full-auto at any gun show without background check and tried using it as justification for his bill. Are you freaking kidding me?

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Great list! Thanks so much.

 

I am surprised not to find Graham's S480 up there.

 

[Pythagoras 2]

So the voting today is on the Amendments.. 9 of them:

 

Obviously we oppose 1,2,3 and support 7,8,9.

 

I'm reading up on 4 and 5 now....but the bill text of 6 hasn't been released (only a summary).

 

I'm utterly glued to CSPAN right now.

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I support 1.

Better than the text in S649 now.

I look forward to being able to buy a pistol out of state.

[voyager9 3,441]

I support 1. Better than the text in S649 now. I look forward to being able to buy a pistol out of state.

I'm on the fence about #1.. I haven't seen anything that compares the amendment with the original bill. From a NJ perspective I didn't see anything in the T-M amendment that we aren't already forced to endure here. The out of state handgun aspects could be an improvement. Certainly there are concerns with it, but it may be an improvement on the original bill.

 

The big thing is less about what's actually in T-M. If T-M fails then there is a very good chance the entire bill will fail.. at least that's how it was explained to me.

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I read both the original S649 and the T-M amendment.

 

I would like to see the Coburn online portal in there too. I am disappointed not to see it.

 

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Manchin Toomey failed, 54 aye to 46 no.

 

Reid of Arizona voted against. I think that is a procedural vote, as a voter in the negative will be free to reintroduce the bill later.