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brooklynite

(94,581 posts)
Thu Feb 28, 2019, 01:11 PM Feb 2019

House passes second major gun bill

Source: The Hill

The House voted Thursday to approve legislation that would extend the review period for background checks on firearm purchases, making it the second major gun bill to pass in as many days.

The Enhanced Background Checks Act of 2019 passed in a 228-198 vote. Three Republicans joined Democrats in supporting the measure. Seven Democrats opted to buck party lines and vote against the bill.

The legislation spearheaded by House Majority Whip James Clyburn (D-S.C.), Rep. Joe Cunningham (D-S.C.) and Rep. Peter King (R-N.Y.) would lengthen the initial review period for a background check from three to 10 days.

Following the 10-day period, gun buyers could request “an escalated review to spur the FBI to complete its investigation” if the background check isn’t completed. If the background check remains incomplete after that period, the purchase can be completed.

Read more: https://thehill.com/homenews/house/432020-house-passes-second-major-gun-bill

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House passes second major gun bill (Original Post) brooklynite Feb 2019 OP
This is a really important first step MosheFeingold Feb 2019 #1
We'll get it through the Senate in 2021, and it will be signed by President lagomorph777 Feb 2019 #2
We can hope MosheFeingold Feb 2019 #3
Yes, it will have to be re-introduced. lagomorph777 Feb 2019 #5
We'll have the 60 votes? AncientGeezer Feb 2019 #6
I believe so. lagomorph777 Feb 2019 #7
Neither will be happening....but hey...It's a cool wish AncientGeezer Feb 2019 #8
How do you get around the 1986 Firearms Owners Protection Act? NickB79 Feb 2019 #9
It's a new law MosheFeingold Feb 2019 #10
Which would create a legal challenge, possibly up to the USSC NickB79 Feb 2019 #13
Since felons cannot be forced to register their illegal guns due to 5th amendment issues hack89 Feb 2019 #11
First anti gun bills in decades, MSNBC reported. BigmanPigman Feb 2019 #4
Very nice indeed forklift Feb 2019 #12

MosheFeingold

(3,051 posts)
1. This is a really important first step
Thu Feb 28, 2019, 04:24 PM
Feb 2019

Assuming we can get it through the Senate, which is a rather large assumption.

The bill prohibits private sales of guns without going through a background check.

Well, what is unspoken is there is no existing registry, so the law is bit workable. But the ATF could then, by regulation(or a reasonable president by executive order) require registration to avoid “frustration of the purpose of the statute.”

With the registry in place, the mechanics of large scale efforts to get guns off the street could begin in earnest —- first at state levels, then federal.

This is real gun control!

lagomorph777

(30,613 posts)
2. We'll get it through the Senate in 2021, and it will be signed by President
Thu Feb 28, 2019, 04:36 PM
Feb 2019

Warren/Harris/Castro/Biden/Sanders... (Insert your favorite here)

MosheFeingold

(3,051 posts)
3. We can hope
Thu Feb 28, 2019, 04:48 PM
Feb 2019

I can’t remember if a bill has to be reintroduced each congressional session. I think so.

It’s a very clever strategy — the Overton window on private sale background checks is open, but not weapon removal.

Very, very smart.

lagomorph777

(30,613 posts)
7. I believe so.
Thu Feb 28, 2019, 05:15 PM
Feb 2019

NRA may be considerably weakened after senior management are all jailed as Russian agents.

NickB79

(19,246 posts)
9. How do you get around the 1986 Firearms Owners Protection Act?
Thu Feb 28, 2019, 07:35 PM
Feb 2019
https://en.m.wikipedia.org/wiki/Firearm_Owners_Protection_Act

The Act also forbade the U.S. Government agency from keeping a registry directly linking non-National Firearms Act firearms to their owners, the specific language of this law


Executive orders can't override an Act of Congress; it would have to be voted in the House and Senate.

MosheFeingold

(3,051 posts)
10. It's a new law
Thu Feb 28, 2019, 09:48 PM
Feb 2019

New laws must be interpreted to have effect. If you can’t give the law effect bc of a conflicting old law, the old law is deemed repealed.

NickB79

(19,246 posts)
13. Which would create a legal challenge, possibly up to the USSC
Thu Feb 28, 2019, 11:00 PM
Feb 2019

There are two possibilities, not one: either the old law is deemed repealed, or the new law is struck down by the courts.

And again, that rules out the use of executive orders to do so. It must be passed via Congress.

hack89

(39,171 posts)
11. Since felons cannot be forced to register their illegal guns due to 5th amendment issues
Thu Feb 28, 2019, 10:06 PM
Feb 2019

I wouldn't hold my breath. The people that will register their guns are not the ones that should concern you.

Though considering the compliance rates for registration in CT and NY, I would not hold out too much hope in registration.

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