The only important definition is the legal one. The President doesn't make law. The ATF doesn't make law. The Constitution is very specific about how laws are passed and then they still can be overturned by the supreme court if they are not Constitutional.
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Still the only reason I would be concerned about the ATF's definition,
Is that I am fairly certain they will be consulted by lawmakers should the question arise,
And they will be responsible for enforcing whatever law is created should the definition be required.
That's not saying it should be one way or the other,
just the ability to understand what will probably happen.
I am also not prepared to pretend that the Federal Government won't try, and hasn't already been successful ...
In regards to infringing upon our Constitutionally Protected Rights.
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A large majority of Americans want universal background checks,
No......they don't know what universal background checks are or why people like you actually want them.
If they knew that the only reason people like you want universal background checks is so that you can then demand universal gun registration, so that you can then ban and confiscate guns, they would not support universal background checks....
But you guys lie to them and don't tell them why you want universal background checks....
Then you have this on top of what you guys want...........and if they knew this, they would doubly oppose universal background checks.....but you won't tell them about this...
Textual analysis of HR8, bill to "To require a background check for every firearm sale"
Summary
HR8 requires that loans, gifts, and sales of firearms be processed by a gun store. The same fees, paperwork, and permanent record-keeping apply as to buying a new gun from the store.
If you loan a gun to a friend without going to the gun store, the penalty is the same as for knowingly selling a gun to a convicted violent felon.
Likewise, when the friend returns the gun, another trip to the gun store is necessary, upon pain of felony.
A clever trick in HR8 effectively bans handguns for persons 18-to20.
The bill has some narrow exemptions. The minuscule exemption for self-defense does not cover stalking victims. None of the exemptions cover farming and ranching, sharing guns on almost all public and private lands, or storing guns with friends while on vacation. The limited exemption for family excludes first cousins and in-laws.
And this......they love this...
The bill authorizes unlimited fees to be imposed by
regulation.
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The narrowness of the self-defense exemption endangers domestic violence victims. For example, a former domestic partner threatens a woman and her children. An attack might come in the next hour, or the next month, or never. The victim and her children cannot know. Because the attack is uncertain—and is certainly not "immediate"—the woman cannot borrow a handgun from a neighbor for her defense. Many domestic violence victims do not have several hundred spare dollars so that they can buy their own gun. Sometimes, threats are manifested at night, when gun stores are not open.
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HR8 requires almost all firearms sales and loans to be conducted by a federally-licensed dealer. Because federal law prohibits licensed dealers from transferring handguns to persons under 21 years, HR8 prevents young adults from acquiring handguns. This is a clever way to enact a handgun ban indirectly.
HR8 would prohibit a 20-year-old woman who lives on her own from acquiring a handgun for self-defense in her home, such as by buying it from a relative or borrowing it from a friend.
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Exorbitant fees may be imposed by regulation
"(3)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this sub-section with regulations."
"(D) Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (1)."
Regulators may set a minimum fee, but not "a cap on a fee." The Attorney General is allowed to require that every gun store charge a fee of $30, $50, $150, or more. Even a $20 fee can be a hard burden to a poor person.
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Family members
You can make a "a loan or bona fide gift" to some family members. In-laws and cousins are excluded.
The family exemption vanishes if one family member pays the other in any way. If a brother trades an extra shotgun to his sister in exchange for her extra television, both of them have to go to a gun store. Their exchange will have all the fees and paperwork as if she were buying a gun from the store.