Text of the Toomey Bill

[Alchemist17]

Sen. Toomey Offers Full Text Of Public Safety And Second Amendment Rights Protection Act Online | Pat Toomey | Senator for Pennsylvania

Interesting to read through, and it does have some positive features - first, it extends the allowance for out of state sales to all firearms, not just rifles/shotguns, and it changes the FOPA protections from an affirmative defense to a "may not be ... arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition". Now if only we could keep these parts and ditch the rest of the bill - think Obama would still claim it as a victory?

 

[Horhay7]

And here's my problem with it:

SEC. 117. CLARIFICATION THAT SUBMISSION OF MENTAL HEALTH RECORDS TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM IS NOT PROHIBITED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.
Information collected under section 102(c)(3) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to assist the Attorney General in enforcing section 922(g)(4) of title 18, United States Code, shall not be subject to the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).

Grabbing any of your health information is now not protected under HIPAA, as long as it's to assist the Attorney General... Martha will have a field day with this one...

 

[KiloVictorTango]

Obligatory (so we can go to NH and buy glocks now if this passes?) post.

 

[rwl1955]

Schumer-Toomey gun bill deserves a committee hearing | The Daily Caller

 

[Apathesis]

And here's my problem with it:

SEC. 117. CLARIFICATION THAT SUBMISSION OF MENTAL HEALTH RECORDS TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM IS NOT PROHIBITED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.
Information collected under section 102(c)(3) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to assist the Attorney General in enforcing section 922(g)(4) of title 18, United States Code, shall not be subject to the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).

Grabbing any of your health information is now not protected under HIPAA, as long as it's to assist the Attorney General... Martha will have a field day with this one...

Yeah, not a fan of that part, but can they deny people for only having anxiety meds or having previously seen a shrink? At worst, I hope this only applies to those who have been adjudicated mentally deficient or who have been committed to a mental facility.

It's scary how this could be used and it looks way too open-ended here in its current form. I'd have to read the NICS IAA of 2007 to get a better picture.

 

[NewGuyRay]

And here's the change in language that redefines most of what we now consider to be personal transfers as subject to background checks:

"Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs-
"(A) at a gun show or event, on the curtilage thereof; or
"(B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.

 

[LittleCalm]

Here's the transportation/possession text:

"(b) Authorization.-Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to-
"(1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation-
"(A) the firearm is unloaded; and
"(B)(i) if the transportation is by motor vehicle-
"(I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or
"(II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is-
"(aa) in a locked container other than the glove compartment or console; or
"(bb) secured by a secure gun storage or safety device; or
"(ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and
"(2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation-
"(A) the ammunition is not loaded into a firearm; and
"(B)(i) if the transportation is by motor vehicle-
"(I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or
"(II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or
"(ii) if the transportation is by other means, the ammunition is in a locked container.
"(c) Limitation on Arrest Authority.-A person who is transporting a firearm or ammunition may not be-
"(1) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause that the transportation is not in accordance with subsection (b); or
"(2) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b).".

It is the lead-in that I am not sure I understand:

"(1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation-"

I read it to mean if you lawfully possess in MA and you are traveling to Utah and in Utah you would lawfully possess under a Utah non-resident equivalent license, then you can pass thru all of the intervening states w/immunity.

 

[DehydratedCorn]

people with ltc's will be exempt, meaning this will not affect MA residents?


"(t)(1) Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs-
"(A) at a gun show or event, on the curtilage thereof; or
"(B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.
"(2) Paragraph (1) shall not apply if-
"(A) the transfer is made after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s), and upon taking possession of the firearm, the licensee-
"(i) complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's business inventory to the unlicensed transferee, except that when processing a transfer under this chapter the licensee may accept in lieu of conducting a background check a valid permit issued within the previous 5 years by a State, or a political subdivision of a State, that allows the transferee to possess, acquire, or carry a firearm, if the law of the State, or political subdivision of a State, that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law;

 

[MaverickNH]

"(B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.

So any F2F initiated by Classified posting in NES is now subject to FFL transfer? That's total BS.

 

[LittleCalm]

people with ltc's will be exempt, meaning this will not affect MA residents?

An attempt I think to exempt transfers by dealers between LTC holders.

 

[Apathesis]

So any F2F initiated by Classified posting in NES is now subject to FFL transfer? That's total BS.

How could this even be enforced?

Looks like some more laws I will be ignoring.

 

[NewGuyRay]

So any F2F initiated by Classified posting in NES is now subject to FFL transfer? That's total BS.

I think that since MA requires a license merely for possession of a firearm and that license requires a background check, this later exemption would apply in MA (unlicensed versus licensed refers to FFL license):

"(B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if-
"(i) the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section; and
"(ii) the transfer was conducted in compliance with the laws of the State;

 

[MaverickNH]

So any F2F initiated by Classified posting in NES is now subject to FFL transfer? That's total BS.

Now it becomes a posting in a new subforum - such as Firearms Value Assessment :

"I have this firearm [insert firearm description with pictures]. What is the value of this firearm for insurance purposes - maybe [insert figure]?"

1. The above is certainly not solicitation of a sale.
2. Anyone PMing me that might like to see how that firearm handles isn't soliciting a purchase.
3. Any government that intercepts such a private conversation is undertaking domestic surveillance of citizens without cause.
4. I have no doubt the the government would divert resources from fighting crime to harass gun owners.