Daschle Bill Would Weaken Second Amendment (Barf Alert)

Talon News ^ | 09/22/03 | Jimmy Moore

[bedolido]

WASHINGTON (Talon News) -- Senate Minority Leader Tom Daschle (D-SD), backed by 14 of the most liberal members of the United States Senate, has introduced a homeland security bill containing subtle provisions that opponents of the legislation say would weaken the ability of honest, law-abiding Americans to exercise their Second Amendment right to keep and bear arms.

"The Justice Enhancement and Domestic Security Act of 2003," or S. 22, is described in the text of the bill as a way to "enhance domestic security." In fact, the bill itself is so extensive that it goes by at least 26 different official names including "The Anti Terrorist Hoax and False Report Act," "The Protecting Our Children Comes First Act" and "The Federal Bureau of Investigation Reform Act," among others.

The vast majority of the bill deals with legislation that would attempt to combat terrorism, protect children and seniors, eliminate fraud such as identity theft, and tackle the drug epidemic as well as many other topics.

Yet, in Part 6, Sec. 5251 of the bill entitled "Closing the Gun Show Loophole," Daschle attempts to blame the 4,400 gun shows and flea markets that are held each year for the violent crimes committed with firearms.

Daschle says guns shows and flea markets bring thousands of people to them where hundreds of guns are purchased that make up a majority of the firearms sold annually in the United States. He adds that many of the guns and ammunition that are sold at gun shows and flea markets are then illegally smuggled across state borders by both buyers and sellers in violation of interstate commerce laws.

Daschle also asserts that gun shows and flea markets allow anyone to purchase a gun "anonymously, often without background checks." He fears that these are the same guns that are eventually used to commit crimes, because he alleges they cannot be traced.

Daschle concludes that "gun violence is a pervasive, national problem that is exacerbated by the availability of guns" at these gun shows and flea markets. He argues that because Congress has the constitutional power to regulate interstate commerce, all gun sales at gun shows and flea markets must be stopped.

Under Daschle's proposed bill, the penalty for purchasing a firearm at a gun show or flea market without going through the meticulous registration process called for in the bill would include a fine of up to $10,000 and ten years in prison. If this bill in its current form passes the Senate and the House and is signed into law, it would become effective 180 days later.

Despite concerns from Democrat lawmakers about the sale of firearms at gun shows and flea markets, there are already many state and federal laws that regulate firearms sales at these events including, but not limited to:

- Guns may not be sold to anyone under the age of 18 [18 USC - 922(b)(1)]

- Individuals are prohibited from buying a handgun out-of-state [18 USC - 922(a)(3)]

- Gun sellers are only allowed to sell firearms in their home state [18 USC - 923(j)]

- No firearms or ammunition may be sold to a felon or fugitive [18 USC - 922(d)]

- All gun sellers are required to be licensed [18 USC - 921(a)(11), (a)(21)(C) and 923(a)]

- Gun sellers must record all firearms they sell [18 USC - 923(g)(1)(a)] and release that information to the police during criminal investigations [18 USC - 923(g)]

- Gun purchase applications are required to be given to the police [18 USC - 922(s)] as well as the names of people who buy more than one firearm [18 USC - 923(g)(3)]

- Gun collectors are allowed to buy and sell firearms on a limited basis to make additions to an existing personal collection [18 USC - 921(1)(21)(C)]

In addition to restricting the sale of firearms at gun shows, this bill would also require ballistics tests on the sale of every new gun and compile that information in a national gun registration database. Gun rights advocates believe this would dramatically increase the cost of purchasing a firearm and would be the first step towards a complete ban on guns in the United States.

Finally, this bill would require gun sellers to provide "safety devices" that opponents of the bill believe limits the choices people have when they need to protect themselves against criminals.

This bill is currently under consideration in the Senate Judiciary Committee, but is expected to come to the Senate floor for a full vote within the next few weeks. The U.S. House of Representatives has not yet drafted similar legislation.

The co-sponsors of S. 22 include Sen. Joseph Biden (D-DE), Sen. Hillary Rodham Clinton (D-NY), Sen. Mark Dayton (D-MN), Sen. Edward Kennedy (D-MA), Sen. Patrick Leahy (D-VT), Sen. Patty Murray (D-WA), Sen. Paul Sarbanes (D-MD), Sen. Barbara Boxer (D-CA), Sen. Jon Corzine (D-NJ), Sen. Richard Durbin (D-IL), Sen. Frank Lautenberg (D-NJ), Sen. Barbara Mikulski (D-MD), Sen. John Reed (D-RI), and Sen. Charles Schumer (D-NY).

Copyright © 2003 Talon News -- All rights reserved.

[the gillman@blacklagoon.com]

..."The Protecting Our Children Comes First Act" ...

In my view, that would be where we hand down to our children and nieces and nephews those surplus weapons that we have, and train them well in their use, before the commies make their move, which will probably come pretty soon, if they can figure out how to steal the next election.

[Eric in the Ozarks]

This is an attack on the right to buy and sell property.

[jmc813]

In fact, the bill itself is so extensive that it goes by at least 26 different official names including "The Anti Terrorist Hoax and False Report Act," "The Protecting Our Children Comes First Act"

If I were a congressman, I'd seriously consider authoring a bill prohibiting nicknames for bills.

[yoe]

What would you expect from Democrats, in order to "protect democracy" they just let their liberal 9th Circuit Court cancel all elections in California. As with Algore and The Clintons, Torricelli (sp) etc. if law or the Constitution stands in their way they just ignore them and go about their business of doing what they want. Just let a Rpublican try this and POW!