Schumer's 'Background Check' Bill Criminalizes Most Gun Loans and Registers Firearms

Senator Charles SchumerSen. Charles SchumerWhen I go shooting with friends, we head out into the desert and inevitably we admire each other's firearms and swap 'em for a try to compare their accuracy, feel and overall abilities. That makes us criminals under the "background check" bill currently under consideration in the U.S. Senate. Sen. Charles Schumer, who proposed the measure, has packed his legislation full of legal snares virtually guaranteed to turn gun owners into lawbreakers. That's an impressive little sleight of hand for legislation considered to be the only sort of gun control with a chance to make it through Congress.

Ed Stone at the Examiner actually read the "Fix Gun Checks Act of 2013," for which he deserves credit, and warns that, "[i]n short, the bill is designed to land you in federal prison." Unfortunately, that's really not an exaggeration in a bill that most of the press, like CNN, is simply billing as "legislation ... that would expand background checks covering all U.S. firearms sales." But Schumer's S. 374 does so much more. It requires background checks through the National Instant Criminal Background Check System (NICS) via a federally licensed dealer, with some exceptions, for any transfer that "shall include a sale, gift, loan, return from pawn or consignment, or other disposition." Exempted are gifts within a family, such as by grandparents to grandchildren, and other very specifically defined circumstances in which somebody else is allowed to touch your firearm. Pretty much anything else flirts with prison time.

I cited my practice of shooting with friends on public land because that's very common in much of the country, and it doesn't win Sen. Schumer's favor. If you want to try a buddy's gun, it has to be:

at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range

or

at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition

No for-profit events, please! You also get a pass if you're legally hunting.

The bill does include a provision saying that a transfer "shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee," but that comes after all of the specific verbiage exempting loans at shooting ranges in the section on "sporting purposes." It seems crafted to allow a buyer to inspect a gun before making a purchase. In short, I wouldn't rely on it to keep me out of legal hot water out there in the desert.

By the way ... Are you planning a vacation in the future? It's a two-week trip to Europe? Uh oh. Better not leave your guns with your roommate. Schumer's bill criminalizes such a loan if it lasts longer than seven days because ... I guess your roommate goes psycho on the eighth?

Oh, and if a gun is lost or stolen you're required to report that to the feds and local authorities within 24 hours. Or else.

By the way, the point has been made that background checks make sense only if they include registration of firearms and owners, otherwise the provision is unenforceable. Ah, yes. The legislation specifies:

Regulations promulgated under this paragraph—

shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1)

Hmmm ...

Of course, the restrictions in this legislation are so intrusive and petty, requiring people to change private behavior regarding the use and exchange of guns that are not yet (and probably never will be) known to the government, that I would expect casual and often unwitting defiance of its provisions to be more common than compliance (I know that I have no intention of obeying the damned thing). Which will turn the law, should it pass, into one more legal booby trap to be used at the discretion of the authorities.

Follow the progress of the "Fix Gun Checks Act of 2013" here.

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  • $park¥||

    When I go shooting with friends, we head out into the desert and inevitably we admire each others guns and swap 'em for a try to compare their accuracy, feel and overall capacity for fun

    And here I was thinking this was going to be something about guns.

  • Bobarian||

    "we admire each others guns"?

    http://www.youtube.com/watch?v=4kU0XCVey_U

    Sounds like a circle jerk.

  • John||

    Which will turn the law, should it pass, into one more legal booby trap to be used at the discretion of the authorities.

    Exactly this. The law would make almost every gun owner in a America a felon. It is a defacto national ban.

  • Tim||

    Your papers are not in order...

  • ant1sthenes||

    Welp, if tens of millions of gun owners are all about to become felons, there's no reason not to just take out as many feds as possible before they go down, along with prog tyrants like Schumer and DiFi.

  • Fate||

    I'm sure I read a book that dealt with something like this...

    'Unintended' something or other...

  • ||

    So how many felonies per day are we at now?

  • WTF||

    220, 221, whatever it takes.

  • ||

    Add a couple 0s onto the end of that, and you've got it!

  • BakedPenguin||

    Quoting Mr. Mom? You truly are the World's Greatest Monster. Although it's somewhat mitigated for taking it out of context.

  • ||

    Who's the monster here? That was a good movie.

  • newshutz||

    It's a not a bug, its a feature.

    Schumer is a villian not even Ayn Rand would have considered believable in fiction.

  • BarryD||

    Ayn Rand's villains are today's "moderates".

  • Capt Ace Rimmer||

    Evil

  • sarcasmic||

    It's only illegal if you get caught. Sure, it makes practically anything you do with a gun illegal, but who will be monitoring you?

  • John||

    No one. But they don't give a shit about that. They don't want it to be enforced. They want it to be enforceable at their time and choosing. Real power is not consistent. Real power is the ability to use power at will.

  • Ron||

    I assume that when you go to get a hunting permit they will now request the paper work on the weapon you use much like they ask for proof of insurance on a car when you go for a license. The shooting ranges will probably have the same requirement of seeing proof of paper work before you can us them. This means that I will never be able to practice shooting again which in turn makes me a less safer shooter. The exact opposite of what they intend.

  • Tim||

    They can also shutdown ranges: "Observation found that Joe's Range allowed 178 violations of federal law to take place over a 3 month period" -sounds bad doesn't it?

  • ||

    Hello, asset forfeiture!

  • derpules||

    ^THIS^ asset forfeiture is the new confiscation

  • db||

    "Always Think Forfeiture."

  • Pope Jimbo||

    The small town I grew up in has a range that is operated as a club. 99% of the time there is no one monitoring it at all. If you pay the yearly dues you get a key to the gate.

    With this law, this will be a thing of the past. Given the likelihood that this law will lead to rampant criminal activity now, you can't let people just go shoot unmonitored.

  • Bobarian||

    " The exact opposite of what they intend."

    I think you don't understand the difference between 'what they intend' and what they SAY they intend.

    Because that is exactly 'what they intend'.

  • wingnutx||

    Cops roll up on people shooting outdoors all the time.

    Around here they are usually pretty cool about it, but this gives them a very powerful tool to fuck over just about anyone who shoots.

  • Rich||

    FTFB: Paragraph (1) shall not apply to—
    "(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren

    Why does Schumer hate domestic partners?

    Seriously, if this passes, things will get "interesting" fast. 8-(

  • MJGreen||

    It's Goddamned bona fide!

  • The Late P Brooks||

    Will you be required to keep a copy of the will with you at all times to prove you "legally" obtained Grandpa's Winchester?

  • Raston Bot||

    and the House GOP will roll over?

  • John||

    Only if they have decided to go the way of the Whigs. This law is fugitive slave act bad. If they rollover on it, it will be the end of the GOP and you will see a third party.

  • Raston Bot||

    you will see a third party

    A test would be Virginia's 6th District. Goodlatte supposedly is going to cave according to blog Ammoland. Kwiatkowski was his libertarian-leaning opponent in the 2012 primary and he trounced her then.

  • WTF||

    There are already reports that they are preparing to cave on 'background checks', which apparently refers to this abomination.

  • Tamfang||

    Yeah, yeah. How many "ends of the GOP" have we seen so far?

  • Virginian||

    “There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”-Ayn Rand

    Yeah, I know, obligatory. Still....nailed it.

  • Aresen||

    Chuck Chavez Schumer. America's leading fascist.

  • Brandon||

    It's a hell of a competition.

  • Ron||

    I've repaired friends guns in the past, just waiting for parts or making my own parts often takes more than seven days, it's just a hobby not a profession, I guess that will make be criminal. I've also kept, in a secured location, guns for a friend while he attended college, now I'm a criminal for that too.

    Talking to a friend the other day we both decided there are so many laws that we no longer know what is legal or not, so for now on we will do whatever we feel like. Ironic that the more laws you create the greater the anarchy that follows.

  • Drake||

    That is a feature. It allows selective enforcement of the law and gives more power to the executive branch. Threat of felony prosecution for the crimes we all commit living our lives will be used to keep everyone in line.

  • The Late P Brooks||

    the point has been made that background checks make sense only if they include registration of firearms and owners, otherwise the provision is unenforceable. Ah, yes. The legislation specifies:

    Regulations promulgated under this paragraph—

    shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1)

    Why do you paranoid crackpots keep claiming "they" are going to introduce federal universal gun registration?

    Next you'll tell us the cops will come to your house and seize your firearms if you show up in their "newly prohibited" database.

  • An0nB0t||

    Little Randy Paul: You'd be Chuckie Schumer out of New York. Sponsor of unconstitutional and immoral gun-control laws.

    Chuckie Schumer: That's right. I've proposed federal gun-control laws. I've proposed laws to constrain just about anything that walks or crawled at one time or another. And I'm here to sponsor another unconstitutional piece of shit piece of legislation, Little Randy Paul, because my constituents couldn't find their own ass with both hands and an ass map.

  • Pope Jimbo||

    No, no, no. You can't make Rand be Little Bill and Schumer be Will Munny. This would be a better scene:

    Rand Munny: Who's the fellow runs this shithole?
    [pause]
    Rand Munny: You, fat moob-man. Speak up.
    Skinny Schumer: Uh, I... I own this establishment. I bought the place from Pelosi for a thousand dollars.
    [Rand levels the shotgun, and speaks to someone standing behind Skinny]
    Rand Munny: You better clear outta there.
    Man: Yes, sir.
    [scampers out of the way]
    Little Harry Reid: Just hold it right there. Hold it...!
    [Rand shoots Skinny. Screaming, the women scatter upstairs]
    Little Harry Reid: Well, sir, you are a cowardly son of a bitch! You just shot an uneducated man!
    Rand Munny: Well, he should have educated himself if he's going to decorate his saloon with attempts to infringe on my liberty.

  • An0nB0t||

    It's a good attempt, but the idea of Stammering Harry Reid standing up to an armed Paul scion is just too unbelievable for Hollywood.

  • Pope Jimbo||

    Well, he got the part via the casting couch. You can't expect him to be a good actor too.

  • The Late P Brooks||

    and the House GOP will roll over?

    Aside from John, is there anybody who doubts this for an instant?

  • John||

    I didn't doubt it. I don't know. But it will be the end of the GOP if they do. Time will tell.

    But if they don't roll over and this bill or anything like it never becomes law, will you eat crow and admit you were wrong or quietly pretend you never made the prediction?

  • freeforall232||

    Conservatives: "Increase the size, scope, and power of government but if Republicans take my guns, that's it!"

    So I suppose guns are the last, last, last, last, last, last, last, last, straw?

    What a joke.

  • ant1sthenes||

    Well, they sort of are. I mean, all the other shit you can fix if you have enough people with guns agreed on it.

  • Drake||

    I doubt it. If the GOP is smart, they will ALL vote against - but allow votes in the Senate and House so the Democrats are on record voting for it before the next election cycle.

  • John||

    Yeah. Any Republican who votes for this is dead man walking.

  • Drake||

    I agree - as is any Democrat who isn't from a deep-blue coast district.

  • Emmerson Biggins||

    As long as Boehner is the speaker, I'm concerned. I don't believe he actually gives a shit about it. So we are just one political miscalculation away from very bad things happening.

  • Raston Bot||

    Agreed. He and Cantor just want to be loved.

  • Virginian||

    Well, Cantor knows not to fuck with the gunnies. I have my doubts about Boehner's district, but I know Cantor's district very well: it is NRA country, and they will not be ok with him getting squishy on this.

  • Raston Bot||

    Okay, the 7th includes Goochland. There is hope he will not bail.

  • Anonymous Coward||

    I never underestimate the GOP's ability to snatch defeat from the jaws of victory.

  • The Late P Brooks||

    will you eat crow and admit you were wrong or quietly pretend you never made the prediction?

    I seem to recall being mocked and ridiculed for saying el Presidente was likely to get re-elected. I WANTED to be wrong. Thanks, Republicans!

  • John||

    You are gloating about that prediction and will gloat about this one if you are right. But the question is what if you are wrong.

    I would imagine you are wrong about this. The House republicans are stupid, but they are not suicidal. And the talk about a "deal" is just a ploy to put red state D senators in a bind. If it comes time for actual nut cutting, this bill wouldn't get out of the Senate. The GOP House may be suicidal but the red State Dems up for re-election in the Senate are not. Making faints that they might pass it, just makes it harder for Dems in the Senate to explain their vote against it to their moonbat supporters.

  • WTF||

    The House republicans are stupid, but they are not suicidal.

    But maybe they are stupid enough to not realize they are being suicidal, what with living in the beltway echo chamber.

  • KDN||

    The House republicans are stupid, but they are not suicidal.

    ...

    The GOP House may be suicidal but the red State Dems up for re-election in the Senate are not.

    I'm so confused.

  • The Late P Brooks||

    I'm not "gloating" you dumb fuck.

    Sometimes you just have to open your eyes.

  • John||

    Don't worry Brooks, if you are wrong, I will gloat for you.

  • Irish||

    I don't know why you think the GOP will roll over. The primary goal of a politician is to win reelection. If the GOP rolls, virtually anyone who votes for this will lose reelection, and possibly get hit in the primary.

    It doesn't seem to make any sense from a self interest standpoint.

  • Raston Bot||

    You win enough times, then sell out to earn favors, and then you get your cushy K street lobbyist job making millions. The bigger the sell out, the bigger the payback favor.

  • Invisible Finger||

    Ah yes, the magic of background checks.

    Anyone who even suggests "background checks" in legislation is a fucktard of the highest order.

  • Drake||

    I'm just not going to bend a knee to Schumer or any of these fucks.

  • MJGreen||

    The Iron Throne is Chuck Schumer's, by right. Bend the knee or he will destroy you.

  • Drake||

    Chuck Schumer is Littlefiger without the conscience.

  • Loki||

    Sen. Charles Schumer, who proposed the measure, has packed his legislation full of legal snares virtually guaranteed to turn gun owners into lawbreakers.

    Feature, not bug.

    I swear if I ever meet Chuck Shumer it's going to every ounce of self control I can muster not to maul the fuck out of him.

  • CampingInYourPark||

    "I'm not a sixth grader," said Feinstein. "Senator, I've been on this committee for 20 years. I was a mayor for nine years. I walked in, I saw people shot. I've looked at bodies that have been shot with these weapons. I've seen the bullets that implode. In Sandy Hook, youngsters were dismembered. Look, there are other weapons. I've been up -- I'm not a lawyer, but after 20 years I've been up close and personal to the Constitution. I have great respect for it. This doesn't mean that weapons of war and the Heller decision clearly points out three exceptions, two of which are pertinent here. And so I -- you know, it's fine you want to lecture me on the Constitution. I appreciate it. Just know I've been here for a long time. I've passed on a number of bills. I've studied the Constitution myself. I am reasonably well educated, and I thank you for the lecture."

    http://www.weeklystandard.com/.....07602.html

  • WTF||

    I've seen the bullets that implode.

    Wow.

  • An0nB0t||

    "I've been up close and personal with the Jews. I have great respect for them, what with their big noses and funny little hats. That doesn't mean that they should enjoy the same rights that all clean, decent people possess."

    There, Godwinned it for everyone's benefit. No need for thanks, carry on.

  • H. Protagonist||

    Biggest falsehood isn't the "implosion" or the "dismemberment." It's the "I have great respect for it" line.

  • MisterDamage||

    It's exactly the sort of "respect" you express just before saying something monumentally disrespectful

    eg:
    Sir Humphrey: Minister, with the greatest possible respect ...
    Jim: Oh, you're going to insult me again?

  • The Late P Brooks||

    You would think Montana would be an absolute lock in the gun control "NO" column, right? Don't be so sure. There are a lot of strident anti gun voices in places like Bozeman and Missoula and Helena and Billings*; you know, the people who put Tester in Conrad Burns' Senate seat, and pushed him over the line against Rehberg last fall. Baucus is up for re-election next time around, and he's listening very carefully to what those people are saying.

    Don't forget, Montana is in the federal trough so deep all you can see is a curly tail; serious arm-twisting from the people who dole out the state welfare checks cannot be ignored.

    Maybe they have a backbone, but I remain unconvinced. Extrapolate to the other states.; this Schumer monstrosity might not get through in its entirety, but don't pretend this current citiizen disarmament fetish will all just wither quietly away in committee.

    *The United States Attorney for Montana had a "Why do you hate policemen and little children? Give the President everything he wants! GUNZ ARE SCARY!" editorial in the Billings paper a week or two ago. In P Brooks -topia, that motherfucker would be out of a job by now, but I bet he's still in his office, plotting raids against what few medical marijuana operations still remain in defiance of his supreme will.

    And, if you told me the mayor of that shithole Missoula was a member in good standing of Mayors Against Legal Guns, I would not bother to feign surprise.

  • RightNut||

    What is a "Montana"?

  • Ted S.||

    I've got your Montana for you.

  • H. Protagonist||

    As a teenager, I'd regularly go over to friends' ranches, or they'd come over to ours, and we'd go out shooting ground squirrels. Sometimes we'd trade guns.

    Potential mass-murdering lunatics deserving of 5 years in federal PMITA prison, the lot of us, according to Chucky.

  • RightNut||

    Was thinking about getting a gun, but considering Schumer's bill and the proposed new gun law in MA, which requires someone to buy an insurance policy that does not exist in order to own a gun, maybe I'll just wait. Or get a gun illegally, whichever.

  • Drake||

    Or do what I did - leave that shithole.

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