Comprehensive Gun Laws - A Modest Proposal

[Old Bill Dibble]

My best attempt at the Clinton Gun Law proposals.

https://www.hillaryclinton.com/issues/gun-violence-prevention/

We're going to keep working toward an AIDS-free generation, a goal that I set as secretary of state, and with your help we're going to pass comprehensive gun laws.

Guiding Policy Statement:

"I believe weapons of war have no place on our streets. We may have our disagreements on gun safety regulations, but we should all be able to agree on a few things. If the FBI is watching you for suspected terrorist links, you shouldn’t be able to just go buy a gun with no questions asked. You shouldn’t be able to exploit loopholes and evade criminal background checks by buying online or at a gun show. And yes, if you’re too dangerous to get on a plane, you are too dangerous to buy a gun in America."

https://www.hillaryclinton.com/brie...ton-believes-its-time-to-tackle-gun-violence/

As president, Hillary will:

Expand background checks to more gun sales—including by closing the gun show and internet sales loopholes—and strengthen the background check system by getting rid of the so-called “Charleston Loophole.”

The Charleston Loophole is presumably if the "instant background" check associated with sale does not come back within 72 hours then in most states the sale must be allowed to proceed. Dylan Roof the lead suspect in the Charleston Church shooting was able to buy a gun despite having been arrested for a felony drug possession and confessed to drug use when arrested.

The claim is that his record was improperly entered into the check system and that if it had been entered properly then the sale would have been stopped. It is uncertain which part(s) of this the changes will address:

- Fixing entries into the system
- Changing the 72 hours to a different time frame
- Disallowing sales to those arrested for a felony

Take on the gun lobby by removing the industry’s sweeping legal protection for illegal and irresponsible actions (which makes it almost impossible for people to hold them accountable), and revoking licenses from dealers who break the law.

Repeal the gun industry’s unique immunity protection. The NRA lobbied Congress to pass the so-called “Protection of Lawful Commerce in Arms Act,” a dangerous law which prevents victims of gun violence from holding negligent manufacturers and dealers accountable for violence perpetrated with their guns. It is past time to repeal this law and hold the gun industry accountable just like everyone else. Clinton voted against this law in 2005 and will lead the charge to repeal it as president.

This has long been a crown jewel that anti-gun people and groups have sought to obtain. The idea here is several fold:

- Repeal the protections to gun makers and then annihilate the industry by releasing an army of ambulance chasers and meat wagon hitchers in a flurry of lawsuits against gun makers for every person who has ever died from a gun. The gun industry goes broke trying to defend itself.
- Sue the dealers as well.

Revoke the licenses of bad-actor dealers. Clinton believes that because gun violence is the leading cause of death for black males aged 15-24 – responsible for more deaths than the nine other leading causes combined – we must do more to crack down on gun stores that flood our communities with illegal guns. Due to the NRA and their Republican allies, the agency responsible for ensuring gun dealers are following the law and keeping our communities safe has been underfunded and attacked

Not sure what "Do more to to crack down on gun stores that flood our communities with illegal guns" means. I assume it is a false dichotomy of sorts to bring in more legislation of some kind.

Here the unpopular BATFE is not named but obliquely referenced instead. Not sure what "underfunded" means. Budget is here:

https://www.atf.gov/resource-center/fact-sheet/fact-sheet-atf-staffing-and-budget

Here is inflation:

http://www.usinflationcalculator.com/inflation/current-inflation-rates/

The BATFE has kept well ahead of inflation in the last eight years with a more than 20% increase.

will provide funding to increase inspections and aggressively enforce current law by revoking the licenses of dealers that knowingly supply straw purchasers and traffickers.

Keep guns out of the hands of domestic abusers, other violent criminals, and the severely mentally ill by supporting laws that stop domestic abusers from buying and owning guns, making it a federal crime for someone to intentionally buy a gun for a person prohibited from owning one, and closing the loopholes that allow people suffering from severe mental illness to purchase and own guns. She will also support work to keep military-style weapons off our streets.

I assume the plan here is to:

- Make straw purchases "double secret illegal".

- Implement some type of system that better integrates medical mental health records with background checks. This will be difficult to to do. I know of a number of places that don't keep records.

- Some kind of scary looking weapon ban.

Tighten the gun show and Internet sales loophole if Congress won’t. If Congress refuses to act, Clinton will take administrative action to require that any person attempting to sell a significant number of guns be deemed “in the business” of selling firearms. This would ensure that high-volume gun sellers are covered by the same common sense rules that apply to gun stores—including requiring background checks on gun sales.

Presumably this would involve some type of executive action/ order redefining regulations in a way to include people who buy and sell guns in private party sales.

Make straw purchasing a federal crime. When an individual with a clean record buys a gun with the intention of giving it to a violent felon – only so that felon can avoid a background check – it should be a crime. Currently, “straw purchasing” is a paperwork violation. This needs to change.

Here is an example of what happens for "paperwork violations":

https://www.atf.gov/news/pr/8-charged-making-false-statements-connection-acquisition-firearms


Not covered in name aside from the guiding statement is the plan to create a government list to bar people from purchasing guns. Presumably this list would be the same as the "No Fly List" or the "Secondary Screening List" that identifies certain people as high risk for air travel.

These lists are both under constant fire for the issues associated with them which is probably why they are not mentioned by name.

 

[markdido]

Good post.

Thanks for the info!

 

[44 AMP]

With the exception of expanding background checks to cover every possible transfer (and ignoring the fact that THAT isn't going to stop anyone determined to do harm) and the various bans on things that hold more than 10 shots, look like military weapons, and scare her supporters, nothing in her agenda is NOT ALREADY COVERED BY EXISTING LAW!!!!

And when it comes to violations of existing law, (specifically, prosecuting prohibited people who tried to buy a gun), our current VP has said "we don't have time for that.."

What makes you think she will have time for it, either??

 

[JWT]

Hopefully she won't be in the position to do any of it.

 

[Glenn E. Meyer]

Her position and statements are disingenuous that she wants some minor changes in background checkes, blah, blah. She is not coming for your guns or the 2nd.

1. Chelsea has said with Scalia dead, now the court can make progress on the 2nd.

2. Hillary has supported Australian laws

3. She and the party platform have spoken out for a new AWB and mag bans.

Yep, you can keep your O/U tweety bird skeet gun.

Ask her if she supports shall issue CCW or owning AR-15s with a 30 round mag. Those specifics will sink her.

However, no one asks - they just ask baloney generalized questions.

I know this skirts on politics but I'm discussing details of proposed actions.

 

[Indawind]

I know this skirts on politics but I'm discussing details of proposed actions.

careful now LOL

I don't know if yall are following but anything gun related seems to be tied to politics now adays, whether it is national or internet.

 

[claymore1500]

Repeal the gun industry’s unique immunity protection. The NRA lobbied Congress to pass the so-called “Protection of Lawful Commerce in Arms Act,” a dangerous law which prevents victims of gun violence from holding negligent manufacturers and dealers accountable for violence perpetrated with their guns. It is past time to repeal this law and hold the gun industry accountable just like everyone else. Clinton voted against this law in 2005 and will lead the charge to repeal it as president.

This one is wrong at so many levels, there is NOTHING "unique" about this, if someone runs over you with their Chevy, you cannot sue GM, if someone attacks you with a chainsaw you cannot sue homelite, if they change this, they must change it to include every manufacturer of every product to be fair.

 

[JimPage]

"Comprehensive gun laws," "Common sense gun law," "Gun safety laws" etc are just gobledy gook terms to make onerous laws that protect the scoundrels at the expense of the average citizen without him/her realizing it.

 

[Old Bill Dibble]

With the exception of expanding background checks to cover every possible transfer (and ignoring the fact that THAT isn't going to stop anyone determined to do harm) and the various bans on things that hold more than 10 shots, look like military weapons, and scare her supporters, nothing in her agenda is NOT ALREADY COVERED BY EXISTING LAW!!!!

Except for the repeal of the PLCAA. That could have some far reaching implications. If they can't ram it through the congress then I predict a new legal challenge as soon as the new SCOTUS bench is seated (presuming Clinton wins).

I don't know if yall are following but anything gun related seems to be tied to politics now adays, whether it is national or internet.

This close to the election everything is deemed political.

Since the race is so close either could win at this point so I figured their stated policies are close to being reality and deserve a look.

 

[Armed_Chicagoan]

As for the so-called "Charleston loophole" our pro-gun reps in Congress need to stand firm as eliminating the provision for a sale going through after 72 hours could be exploited in a big way by an anti-gun President. All he (or she) would have to do is order the FBI to stop conducting background checks and single-handedly stop all gun sales in the country. Or slow it down, or stop background checks on whatever guns they don't like.

The response to Roofe should be to improve the system so it never takes longer than 72 hours, not eliminate the provision!