The Schumer-Toomey-Manchin Bill will expand background checks to include private transactions. Commercial firearm sales require that it be made by a federal licensed firearm dealer. It consists of a series of traps that include an indirect taxation. Remember how the feds [and states] overtax tobacco in order to prevent the use of tobacco products – well this bill will also open a Pandora Box that will make firearms and ammunition unaffordable, eventually. Sarah Palin as sworn that any senator who agrees and helps pass this bill will get no support from her, the Tea Party organization or the SuperPac crowd. It also provides the attorney general with certain actions, as Conservative Byte points out.
As Dave Addington wrote at Heritage Foundation:
One begins to wonder if Senators Charles Schumer (D-NY), Pat Toomey (R-PA), and Joe Manchin (D-WV) didn’t just take whatever verbiage Attorney General Eric Holder’s staff handed to them and put it in their gun control legislation without even reading it. … Here is the zinger buried in the bill: Whoever makes or attempts to make a transfer of a firearm in violation of section 922(t) . . . to a law enforcement officer, or to a person acting at the direction of, or with the approval of, a law enforcement officer authorized to investigate or prosecute violations of section 922(t), shall be fined under this title, imprisoned not more than five years, or both. … Congress has made gun laws so complex that even the well-meaning, law-abiding citizen who owns firearms will have a hard time learning about and complying with every firearms law and regulation on the books. … The STM law should not subject to criminal penalties an individual who transfers or attempts to transfer a weapon to a law enforcement agent or informant unless a prosecutor proves that the individual “willfully” transferred or attempted to transfer the firearm in violation of section 922(t) of title 18. The Supreme Court said in Bryan v. U.S. in 1994 that when a federal statute punishes someone for a crime committed “willfully,” the federal government must prove at trial that the individual knew that his conduct was unlawful.
Is it not something that Eric Holder and others are so busy attempting to make the Second Amendment void and disarm lawful citizens when there are real criminals out there to fry – and they are not enforcing laws already on the books. Like, why mental health facilities not making reports for background check files. Even then, there is the danger that an anti-firearm doctor would send you off to be evaluated just because he or she thinks no one should have firearms except government officials, law enforcement and the military. As sneaky as they have been against the Second Amendment, a person could not be blamed for not trusting the federal [and some states] governments anymore.
The granting of this bill with a broad regulatory power to the US Attorney General, namely Eric Holder is extremely suspect.
In Section 123 the bill prohibits and penalize any government employee from “consolidating” or “centralizing” firearm records; yet the DOJ can access them through the FFL holders who are required to perform background checks before a sale, collect the records – visible to the Feds on demand. There is no mention of government sting operations or prevention of concerning firearms.
Sneakiness is the trademark of Eric Holder: A January 2013 report issued by the DOJ stated that effective universal background checks depend on establishment of a national gun registry. ACLU is suspicious.
The effective tax aforementioned falls under the requirement that any transaction resulting from an advertisement to go to FFL dealers will be charged a service fee. Fees are not limited. Firearm rural owners will be forced to drive long distances just to sell or trade their firearms.
Low-income citizens will be burdened and not afford to purchase or even keep a firearm.
The bill clearly makes it more likely that doctors making statements about their patients will conclude that the patient is not eligible to purchased or own firearms. In order to get more mental health records into the NICS database, rights are denied and can be done without a court order, as has had in the recent past. Once you are on the NO Firearm list of the NICS it is impossible to appeal and get it removed, like when someone or some agency or organization is placed on the terrorist watch list.
The bill exposes firearm owners to frivolous lawsuits.
All in all it infringes upon Second Amendment rights.
Six states have already expanded their background checks and the gun violence rate has NOT reduced: California, Illinois, New York, Colorado, Oregon, and Rhode Island. In fact, cities in those states have the highest murder rate in the US in 2011:
- Baltimore – 31.3 murders per 100,000 people.
- Oakland – 21.2 murders per 100,000 people.
- Philadelphia – 21.2 murders per 100,000 people.
- Stockton – 18.6 murders per 100,000 people.
- Chicago – 15.9 murders per 100,000 people.
Also See: John Kerry states that foreign students are scared of guns in America.