Senate Gun Trafficking Bill S.443

Increasingly, there are more and more individuals who are “prohibited persons” for non-violent reasons -- for instance, they smoke marijuana. Anyone who smokes marijuana is “an unlawful user of ... any controlled substance...” and is a prohibited person under 18 U.S.C. 922(d)(3) and (g)(3) from purchasing or possessing a gun.

The Leahy-Gillibrand-Kirk legislation (S. 443) was introduced on March 4 and is entitled the “Stop Illegal Trafficking in Firearms Act of 2013.” Sounds like a good idea on the surface. But, in fact, under section 4, if you even “intend” to sell a firearm to a person who turns out to be a marijuana smoker -- or one of the prohibited military veterans suffering from PTSD -- you become a prohibited person yourself. You don’t need to know the person is a prohibited person under either example. The recipient doesn’t need to know they’re a prohibited person. You don’t need to do anything more than plan (“conspire”) to procure the gun. The recipient doesn’t need to be on the NICS list to be a prohibited person. The “exceptions” in subsection (d) of 18 U.S.C. 932, under the Leahy-Gillibrand-Kirk bill, merely repeat the “negligence” standard.

If this bill is passed, any person who sells to such prohibited persons two or more firearms ... or gives them a firearm as a gift ... or raffles a firearm (where they are the recipient) ... does so only at the considerable risk of spending 15 years in a federal penitentiary.

http://www.gunowners.org/congress03062013.htm

Now...how does this fare with states that allow recreational and medicinal marijuana?
If state laws don't trump federal laws there are going to be a whole new gaggle of felons out there.

Wow. Isn't that neat... I will have to keep my firearms sales, if any, to direct family that I know for sure, aren't Mary-jane Smokers.... How does this work for Gun Shops if they aren't on the NICS?

The bill can be found here - http://www.gpo.gov/fdsys/pkg/BILLS-113s ... s443is.pdf

Essentially, S. 443 would impose a 15-year prison sentence for “negligent multiple sales by a dealer,” “negligent gifting” or “negligent raffling.”

Thus, selling multiple guns as a dealer, giving a gun as a gift, or raffling a gun are effectively outlawed -– or at least pursued only “at your own risk.”

People should understand how this bill is being sold on MSNBC –- and how it will be sold if it becomes law:
* It is being sold as a victory for Obama over the “gun lobby” and the GOP.
* It is being sold as “points on the board” platform for further gun control demands.
* It is being sold as “cover” for the 13 Democrats in pro-gun states who are up for reelection in 2014.

Ryan Grimm, a regular MSNBC commentator, said this on the Chris Jansing show (3/5/13):
"I think if you can move [S. 443] through, then background checks probably become easier. Because people have, you know, taken a “tough vote” on guns and they’ve decided that they’re going to do something. ... Because what was the point then of them going forward and taking a tough vote if they don’t take then a second one? Because then you’re going to get hit from both sides."

So Republican Senators need to understand this: If they sing “cum ba ya” with the “red state” Democrats over S. 443, they take the “gun issue” off the table in 2014. And if they do that, Democrats will probably retain control of the Senate.

The BATFE has already stated that their stance is that people with medicial mj cards cannot legally possess guns or ammo. Whether or not states will enfoce it...i don't know

Sent from my Mossberg 930 using Tapatalk2