Charles Schumer

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Diversionary Tactics (Updated)

June 30, 2011 by 1 Comment

Rep. Elijah Cummings (D-MD), the Ranking Member of the House Oversight and Government Reform Committee, has come through on his promise to hold hearings on gun control and the ATF. If you will remember from the June 15th hearing into Operation Fast and Furious, he said he would be exercising his right for a Minority day of hearings. From Cummings’ opening statement:

Finally, no legitimate examination of this issue will be complete without analyzing our nation’s gun laws, which allow tens of thousands of assault weapons to flood into Mexico from the United States every year, including .50-caliber sniper rifles, multiple AK variants, and scores of others, some of them landing in neighborhoods like mine, the one I represent in Baltimore. When Mexican President Calderon addressed Congress in May, he pleaded for us to stop fielding a full- scale drug war with military-grade assault weapons.

In order to explore these issues further today, I’m exercising my right under the rules, Mr. Chairman, of the House for a minority day of hearings with several witnesses who will testify about these issues in great detail. I did not think it was necessary to call these witnesses for today’s hearing, but I will work with the chairman on scheduling these hearings in the near future.

Those hearings are scheduled for tomorrow at 10am EDT according to reports in the Houston Chronicle and the website Main Justice. From the Houston Chronicle:

★ Thursday: Rep. Elijah E. Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, will hold a forum on the flow of illegal guns on both sides of the U.S./Mexico border. The forum will be held at 10 a.m. EDT in the Russell Senate Office Building.

Rep. Cummings has not posted a release or notice about the hearings on the House Oversight Committee’s website. However, Main Justice had this to report on the hearing speakers:

Speakers at the minority hearing will include Sen. Charles Schumer (D-NY), a retired ATF agent, and several gun control advocates.

 It seems Cummings is keeping a tight lid on just who the “retired ATF agent, and several gun control advocates” are. If I had to make an educated guess, the retired ATF agent is probably “Waco Jim” Cavanaugh who just last week had an op-ed in TickleTheWire saying that the ATF director should be not be subject to Presidential appointment and subsequent Senate confirmation. Among the gun control advocates will probably be Paul Helmke in his last hurrah before he leaves as head of the Brady Campaign. Of course, this is just speculation.

This “hearing” will be just another in the diversionary tactics being employed to divert attention from Project Gunwalker and on the “need” for more gun control. The Washington Post’s ridiculous editorial from Sunday could also be put in this category. For a less diplomatic description of the hearings, I think Mike captures it with his headline here.

UPDATE: Well, I was right about Paul Helmke being there but wrong about “Waco Jim”. The complete list of people “testifying” is below:

Senator Charles Schumer (NY)
Michael R. Bouchard, former Assistant Director Field Operations, ATF
Thomas Mahoney, Assistant State’s Attorney Supervisor, Gang Prosecution Unit, Cook County State’s Attorney’s Office
Eric Olson, Senior Associate, Woodrow Wilson International Center for Scholars
Kristen Rand, Legislative Director, Violence Policy Center
Paul Helmke, President, Brady Campaign to Prevent Gun Violence
Colby Goodman, Author of “U.S. Firearms Trafficking to Mexico: New Data and Insights Illuminate Key Trends and Challenges”

  Cummings says the aim of the forum – which I suppose means the testimony is not sworn – will be:

Law enforcement officials have testified that improvements to our nation’s gun laws are needed to address this increasingly devastating problem, including enhanced penalties for illegal straw purchases, the enactment of a firearms trafficking statute, and a reporting requirement for the purchase of multiple long guns, such as fifty caliber assault weapons and multiple AK variants.

Cummings will issue a report with recommendations to provide U.S. law enforcement with the tools needed to address gun trafficking.

Recent editorials in the New York Times, Washington Post and Los Angeles Times reiterate the need for basic, common-sense improvements to assist law enforcement officials counter violence by international drug cartels operating along the southwest border.

You have to wonder if the testimony would be the exactly the same if it was sworn and perjury charges could be brought.

Mike has more on the witnesses and their background especially former ATF official Michael Bouchard.

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NSSF On The Feinstein-Schumer-Whitehouse “Report”

June 15, 2011 by

Senators Dianne Feinstein (D-CA), Charles Schumer (D-NY), and Sheldon Whitehouse (D-RI) issued a so-called report on Monday blaming American guns for the violence in Mexico. Frankly, I think it was timed to draw media attention from the Gunwalker hearings that started that afternoon.

The National Shooting Sports Foundation has responded to that report and takes apart their numbers. Rather than showing 70% of guns being traced from Mexico to the U.S., it actually shows a decline in the number of American firearms being traced by Mexican authorities.

Anti-Gun Report Shows DECLINE in Number of US Firearms Being Traced to Mexico
June 15, 2011
By Larry Keane

Once again anti-gun legislators are attempting to misrepresent firearm tracing data, though this time, with declining numbers and a public wary of political posturing, it may just backfire on them.

A report (“Halting US Firearms Trafficking to Mexico“) released Monday by a trio of anti-gun senators including Diane Feinstein (D-CA), Chuck Schumer (D-NY) and Sheldon Whitehouse (D-RI) appears to show the number of firearms that have been recovered in Mexico and traced to the United States as actually declining in recent years from an unsubstantiated 90 percent to, now, an unsubstantiated 70 percent.

It is important to note that these percentages do not reflect the total number of firearms recovered. In fact, in a letter to Sen. Feinstein discussing this very report, ATF Acting Director Kenneth Melson admitted, “There are no United States Government sources that maintain any record of the total number of criminal firearms seized in Mexico.”

So to be clear, the 70 percent claim relates only to the very small number of traced firearms – not the total number of firearms recovered. And it’s no surprise that so many come from the United States. We have a very good system for tracing firearms through serial numbers and purchase records (some countries don’t trace them at all). Mexico recognizes this fact and submits for tracing only those firearms that it believes would likely prove trace positive.

Earlier this year a report by the independent research group STRATFOR noted that less than 12 percent of the total number of guns seized in Mexico during 2008 had been verified as coming from the United States. STRATFOR cited a June 2009 U.S. Government Accountability Office (GAO) report noting:

30,000 firearms were seized from criminals by Mexican authorities in 2008.
Of these 30,000 firearms, information pertaining to 7,200 of them (24 percent) was submitted to the ATF for tracing.
Of these 7,200 guns, only about 4,000 could be traced by the ATF.
Of these 4,000, some 3,480 (87 percent) were shown to have come from the United States.

The Feinstein report follows an update to the U.S. Firearms Trafficking to Mexico Report issued by the Woodrow Wilson International Center for Scholars. According to that update, Mexican authorities have submitted trace requests for “tens of thousands of firearms” to the ATF. However, the ATF has stated that many of these requests are duplicative, with some firearms being resubmitted for tracing five times or more. Moreover, the update notes that 75 percent of the firearm traces are not successful and that only eight percent lead to an investigation. Furthermore, as ATF has repeatedly stated, the tracing of a firearm (or the opening of an investigation) in no way indicates criminal wrong-doing by either the retailer or the first purchaser of the firearm.

The Wilson report also notes that most of the traced firearms were originally sold at retail more than five years earlier. The report doesn’t say how much earlier, but ATF has previously said that firearms traced from Mexico were on average 14 years old. This demonstrates that of the small percentage of guns that do come from the United States, these firearms have not been purchased recently.

Despite attempts by anti-gun legislators to utilize these reports as leverage for pushing gun control, no one should be under any illusions; the United States is no more the source of 70 percent of the weapons used by the Mexican cartels than it is 90 percent. These numbers only allege to relate to the small percentage of seized and traceable firearms submitted to the ATF.

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Ignore The Man Behind The Curtain

June 14, 2011 by 2 Comments

The Bureau of Alcohol, Tobacco, Firearms and Explosives along with their friends in the Senate hope that you will ignore the hearings being held before the House Oversight and Government Reform Committee into Operation Fast and Furious (aka Project Gunwalker) and the ATF’s role in letting guns walk to Mexico.

Cam Edwards of NRA News disposed of the 70% figure last week yet there are some that will continue to repeat it because it buttresses their cause. As Mike at Sipsey Street Irregulars says, “Repeat The Lie” often and loudly so that people will ignore the real stats and the role of ATF in gunrunning to Mexico.

After the hearings tomorrow, that will become harder and harder even with misleading numbers, reports, and press releases from the Feinsteins and Schumers of this world.


Feinstein, Schumer, Whitehouse Report Calls for Stronger U.S. Response to Firearms Trafficking to Mexico

Urges Congress and the Administration to strengthen firearms laws to stem drug-related violence

70% of weapons recovered in Mexico originated in U.S. according to ATF

Washington, D.C. – U.S. Senator Dianne Feinstein (D-Calif.), Chairman of the Senate Caucus on International Narcotics Control, along with Senators Charles Schumer (D-N.Y.) and Sheldon Whitehouse (D-R.I.) today released the findings of a Congressional investigation that concludes American military-style weapons are arming Mexico’s brutal drug trafficking organizations at an alarming rate and policymakers are not adequately responding.

“Congress has been virtually moribund while powerful Mexican drug trafficking organizations continue to gain unfettered access to military-style firearms coming from the United States,” said Senator Feinstein. “New ATF data provided last week reveals that more than 70 percent of firearms recovered at crime scenes and traced by Mexican officials actually originated in the United States.”

According to the report, Halting U.S. Firearms Trafficking to Mexico, the overwhelming majority of firearms recovered at crime scenes and traced by Mexican officials originate in the United States. In a recent letter to Feinstein, ATF Acting Director Kenneth Melson indicated that in 2009 and 2010 20,504 of the 29,284 firearms (70 percent) recovered in Mexico and submitted for tracing were United States-sourced.

“This report confirms what many of us already know to be true: although the Senate’s recently passed border measure will help make our Southern border safer, it is still too easy for Mexican drug lords to get their hands on deadly military-grade weapons within our borders,” said Senator Schumer. “We need to redouble our efforts to keep violent firearms out of the hands of these traffickers.”

“This report outlines common sense measures that will help protect our border and our communities by keeping dangerous weapons out of the hands of Mexican gangs and drug cartels,” said Senator Whitehouse.

Conclusions of the report:

It will be very difficult to successfully reduce drug-related violence in Mexico without starving the country’s drug trafficking organizations of their military-style weapons.

To do this, the United States must strengthen current firearms laws and regulations. This can be done through a number of key actions by the Obama Administration and Congress, including:

Enactment of legislation to close the gun show loophole;
Better enforcement of the existing ban on imports of military-style weapons;
Reinstatement of the expired Assault Weapons Ban;
Reporting by Federal Firearms Licensees on all multiple firearms sales; and
Senate ratification of the Inter-American Convention Against the Illicit Manufacturing of and Trafficking of Firearms, Ammunition, Explosives and Other Related Materials (CIFTA).

The Halting U.S. Firearms Trafficking to Mexico report can be found here. Information from the report was gathered through meetings in Mexico and in U.S. border cities, briefings, interviews, and a review of documents from both government and non-government subject matter experts.

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It Depends On Whose Ox Is Being Gored

March 23, 2011 by 1 Comment

The Wall Street Journal reported that the Freedom Group’s expansion of their Remingon Arms facility in Ilion, NY plant will add 40-50 new jobs there. They are moving their Bushmaster operations from Windham, ME to Ilion in a consolidation of operations. The means that Bushmaster AR-15’s – those evil black rifles – will now be made in New York State.

The senior Senator from New York, Chuck Schumer, has a well-deserved reputation for being an enemy of gun owners and gun rights. That is why I find his remarks on the expansion of the Remington plant so ironic. He says he is all for guns if it means jobs for his constituents and if he can push the military to buy more “made-in-New York” firearms.

FOR IMMEDIATE RELEASE: March 22, 2011

SCHUMER: 40-50 NEW JOBS COMING TO REMINGTON’S MANUFACTURING PLANT IN ILION – JOBS WILL BE A HUGE BOOST TO MOHAWK VALLEY’S ECONOMY

Bushmaster Firearms Set To Move Production From Maine Facility To Ilion, Bringing Scores of New Jobs And Economic Opportunity To Central NY

Schumer Is A Long-Time Supporter Of Remington Plant, Helped Bring New Business By Securing Vital Grants And a Level Playing Field to Compete For Government Contracts

Schumer: These Jobs Are Great News For Mohawk Valley Economy

Today, U.S. Senator Charles E. Schumer joined Remington officials and plant employees to announce that Bushmaster Firearms is relocating a manufacturing facility from Windham, Maine to Ilion, NY, bringing over forty new jobs to Central New York in the process. Schumer has been a long-time supporter of manufacturing at the Remington plant, urging top Army officials to open up competition for the Army’s small arms contracts to other U.S. manufacturers and domestic producers across the country like the Ilion, New York-based Remington. Today, Schumer applauded Remington’s decision to add new jobs to the productive and capable work force already making the factory an economic powerhouse in the Mohawk Valley.

“What a great day for Remington’s Ilion plant, the Mohawk Valley, and Central New York’s economy,” said Senator Schumer. “Thanks to Remington’s continued confidence in this capable workforce, we’re going to see even more good-paying jobs at the plant, creating positive ripple effects throughout the region. The addition of these jobs strengthens the ability of the Remington plant in Ilion to compete for the many Department of Defense small arms contracts available this year by adding to the skilled workforce and further enhancing the manufacturing capability for M-4 and M-16 style firearms. As I have always done, I will work tirelessly for a fair and open contracting process with the military so the Ilion plant and its workers can compete on a level playing field, and continue to produce the high quality equipment our men and women in uniform deserve and expect.”

Senator Schumer has long been a strong supporter of the Remington facility. He led the effort in Congress to repeal the law that limited competition for small arms contracts, so that Remington can now compete for small arms contracts with the Department of Defense. Schumer also successfully pushed the Army to open up their application process and solicit competing contracts in order to modify Army’s M-4 carbine. As a result of this effort, Remington is now competing with other companies to win the contract.

After the Army identified a requirement to upgrade its M-24 sniper rifle used in Afghanistan, Sen. Schumer secured funding for the upgrade from Congress. Schumer’s success in securing funding for this project ultimately allowed Remington to compete for and win a contract to upgrade the Army’s 3600 M24 sniper rifles (now called the XM2010). The Army recently ordered an initial quantity of 250 XM2010s, which Remington is currently manufacturing and the Army is shipping to our sniper teams in Afghanistan. Schumer’s push for an open contracting process that allows Remington to compete with other manufacturers has resulted in economic growth and new jobs coming to the Ilion facility.

Given that the Freedom Group’s headquarters is in Madison, North Carolina – just north of Greensboro – it is a shame that they didn’t bring those jobs South to North Carolina.

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S. 436 – Schumer’s Latest Gambit (Updated with bill text)

March 4, 2011 by 1 Comment

Sen. Chuck Schumer (D-NY) has finally made good on his promise to introduce a bill concerning NICS and background checks on private sales as well as those through a FFL. His bill, S. 436, is temporarily entitled “A bill to ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale.”

Its only co-sponsor so far is Sen. Kirsten Gillibrand (D-NY), who was NRA A-rated when she was in the House of Representatives. Since being appointed and then elected to the Senate, Gillibrand’s ambitions obviously have become more important to her than anything called princple as she has jumped fully on the gun control bandwagon.

The bill has been referred to the Senate Judiciary Committee where Schumer is the fourth ranking Democrat on the committee.

As soon as the text becomes available, I will post it.

UPDATE: The bill will be called the Fix Gun Checks Act of 2011. Mayor Bloomberg’s Illegal Mayors group is already touting the bill here. They have even set up a new website called FixGunChecks.org

UPDATE II: The text of the bill was released overnight.

S 436 IS

112th CONGRESS

1st Session

S. 436
To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale.

IN THE SENATE OF THE UNITED STATES

March 2, 2011
Mr. SCHUMER (for himself and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

——————————————————————————–

A BILL
To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Fix Gun Checks Act of 2011′.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I–ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

Sec. 101. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System.

Sec. 102. Requirement that Federal agencies certify that they have submitted to the National Instant Criminal Background Check System all records identifying persons prohibited from purchasing firearms under Federal law.

Sec. 103. Adjudicated as a mental defective; mental health assessment plan.

Sec. 104. Clarification of the definition of drug abusers and drug addicts who are prohibited from possessing firearms.

TITLE II–REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

Sec. 201. Purpose.

Sec. 202. Firearms transfers.

Sec. 203. Effective date.

TITLE I–ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

SEC. 101. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

Section 104(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended to read as follows:

`(b) Penalties-

`(1) DISCRETIONARY REDUCTION- For each of fiscal years 2011 and 2012, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 50 percent of the records required to be provided under sections 102 and 103.

`(2) MANDATORY REDUCTION-

`(A) FISCAL YEARS 2013 TO 2017- For each of fiscal years 2013 through 2017, the Attorney General shall withhold 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 75 percent of the records required to be provided under sections 102 and 103.

`(B) SUBSEQUENT YEARS- During fiscal year 2018, and each fiscal year thereafter, the Attorney General shall withhold 25 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the State provides less than 90 percent of the records required to be provided under sections 102 and 103.

`(3) WAIVER BY ATTORNEY GENERAL- If a State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of sections 102 and 103, including an inability to comply due to court order or other legal restriction, the Attorney General may reduce the percentage of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) withheld–

`(A) under paragraph (2)(A) to be not less than 5 percent; and

`(B) under paragraph (2)(B) to be not less than 15 percent.

`(4) TRANSFER OF WITHHELD FUNDS- Any funds withheld by the Attorney General under this subsection shall be transferred to the appropriations account appropriated under the heading `STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE’ under the heading `Office of Justice Programs’ under the heading `DEPARTMENT OF JUSTICE’.

`(5) SENSE OF CONGRESS- It is the sense of Congress that any funds transferred under paragraph (4) should be used to carry out the activities described in the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note).’.

SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CERTIFY THAT THEY HAVE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM ALL RECORDS IDENTIFYING PERSONS PROHIBITED FROM PURCHASING FIREARMS UNDER FEDERAL LAW.

Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended by adding at the end the following:

`(F) SEMIANNUAL CERTIFICATION AND REPORTING-

`(i) IN GENERAL- The head of each Federal department or agency shall submit to the Attorney General a written certification indicating whether the department or agency has provided to the Attorney General the pertinent information contained in any record of any person that the department or agency was in possession of during the time period addressed by the report demonstrating that the person falls within a category described in subsection (g) or (n) of section 922 of title 18, United States Code.

`(ii) SUBMISSION DATES- The head of a Federal department or agency shall submit a certification under clause (i)–

`(I) not later than July 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on January 1 of the year and ending on June 30 of the year; and

`(II) not later than January 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on July 1 of the previous year and ending on December 31 of the previous year.

`(iii) CONTENTS- A certification required under clause (i) shall state, for the applicable period–

`(I) the number of records of the Federal department or agency demonstrating that a person fell within each of the categories described in section 922(g) of title 18, United States Code;

`(II) the number of records of the Federal department or agency demonstrating that a person fell within the category described in section 922(n) of title 18, United States Code; and

`(III) for each category of records described in subclauses (I) and (II), the total number of records of the Federal department or agency that have been provided to the Attorney General.’.

SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE; MENTAL HEALTH ASSESSMENT PLAN.

(a) Definition- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(36) The term `adjudicated as a mental defective’ includes an order by a court, board, commission, or other lawful authority that a person, in response to marked subnormal intelligence, mental illness or incompetency, be compelled to receive services–

`(A) including counseling, medication, or testing to determine compliance with prescribed medications; and

`(B) not including testing for use of alcohol or for abuse of any controlled substance or other drug.’.

(b) Mental Health Assessment Plan for Institutions of Higher Education- Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:

`SEC. 124. MENTAL HEALTH ASSESSMENT PLAN FOR INSTITUTIONS OF HIGHER EDUCATION.

`(a) Restriction on Eligibility- Each college, university, or postsecondary institution that receives Federal funds under this Act or any form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, shall develop and implement, not later than 1 year from the date of enactment of this section, a mental health assessment plan that, at a minimum, includes–

`(1) a framework through which such college, university, or postsecondary institution will address the risks posed by students, including full-time students and part-time students, who, as a result of apparent mental illness or incompetency, pose a safety risk to themselves or others;

`(2) the establishment of a team that will assess the mental health needs of, and safety risks posed by, any such student, consisting of–

`(A) educators;

`(B) administrators;

`(C) counselors; or

`(D) other qualified members of the educational community;

`(3) a procedure for reporting such students to the team described in paragraph (2);

`(4) a procedure for making voluntary referrals for such students to on- and off-campus mental health resources;

`(5) a procedure for making involuntary referrals for such students to State or local mental health authorities for mandatory evaluation, which shall include reporting such referrals to a State agency responsible for identifying persons described in section 922(g)(4) of title 18, United States Code; and

`(6) a procedure for informing and educating the families of students who have been identified as posing safety risks to themselves or others.

`(b) Information Availability- Each college, university, or postsecondary institution that provides the plan described in subsection (a) shall make available to the students, faculty, and staff at such college, university, or postsecondary institution, a copy of the mental health assessment plan required under subsection (a).’.

SEC. 104. CLARIFICATION OF THE DEFINITION OF DRUG ABUSERS AND DRUG ADDICTS WHO ARE PROHIBITED FROM POSSESSING FIREARMS.

(a) Inferences of Abuse- Section 921 of title 18, United States Code, is amended by adding at the end the following:

`(c) Unlawful User of Any Controlled Substance-

`(1) IN GENERAL- An inference that a person is an unlawful user of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) may be drawn based on–

`(A) a conviction for the use or possession of a controlled substance within the past 5 years;

`(B) an arrest for the use or possession of a controlled substance within the past 5 years;

`(C) an arrest for the possession of drug paraphernalia within the past 5 years, if testing has demonstrated the paraphernalia contained traces of a controlled substance;

`(D) a drug test administered within the past 5 years demonstrating that the person had used a controlled substance unlawfully; or

`(E) an admission to using or possessing a controlled substance unlawfully within the past 5 years.

`(2) MEMBERS OF ARMED FORCES- For a current or former member of the Armed Forces, an inference that a person is an unlawful user of a controlled substance may be drawn based on disciplinary or other administrative action within the past 5 years based on confirmed use of a controlled substance, including a court-martial conviction, nonjudicial punishment, or an administrative discharge based on use of a controlled substance or drug rehabilitation failure.’.

(b) Application to Federal Courts- Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), as amended by this section 102, is amended–

(1) in subparagraph (C), by inserting `(including any record of a Federal court of any person ordered into a diversion program as described in section 921(a)(37))’ after `any person’; and

(2) by adding at the end the following:

`(G) APPLICATION TO FEDERAL COURTS- In this paragraph–

`(i) the terms `department or agency of the United States’ and `Federal department or agency’ include a Federal court; and

`(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.’.

(c) Definition- Section 921(a) of title 18, United States Code, as amended by section 103(a), is amended by adding at the end the following:

`(37) The term `addicted to any controlled substance’ includes a person ordered by a court into a diversion program designed for abusers of or addicts to controlled substances as part of a criminal or juvenile delinquency proceeding, regardless of whether the person was convicted, whether the court made a finding of guilt, or whether the program accepts participants who are abusers of or addicted to substances other than controlled substances.’.

(d) Conforming Amendment to NICS Improvement Amendments Act- Section 102(b)(1)(C)(iii) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking `(as such’ and all that follows through `adjudications,’.

TITLE II–REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

SEC. 201. PURPOSE.

The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms.

SEC. 202. FIREARMS TRANSFERS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 932. Background checks for firearm transfers by unlicensed persons

`(a) Definitions- In this section–

`(1) the term `unlicensed transferee’ means a person who–

`(A) is not licensed under this chapter; and

`(B) desires to received a firearm from an unlicensed transferor; and

`(2) the term `unlicensed transferor’ means a person who–

`(A) is not licensed under this chapter; and

`(B) desires to transfer a firearm to an unlicensed transferee.

`(b) Responsibilities of Transferors Other Than Licensees-

`(1) IN GENERAL- It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred–

`(A)(i) through a licensed dealer under subsection (d);

`(ii) through a law enforcement agency under subsection (e);

`(iii) after inspecting a permit that confirms a background check under subsection (f); or

`(iv) in accordance with an exception described in subsection (g); and

`(B) in accordance with paragraph (2).

`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (g), an unlicensed transferor–

`(A) subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until–

`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A);

`(ii) the law enforcement agency through which the transfer is made under subsection (e) makes a notification described in subsection (e)(4)(A); or

`(iii) the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); and

`(B) may not transfer a firearm to an unlicensed transferee if–

`(i) the licensed dealer through which the transfer is made under subsection (d) makes the notification described in subsection (d)(3)(B); or

`(ii) the law enforcement agency through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B).

`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor.

`(c) Responsibilities of Transferees Other Than Licensees-

`(1) IN GENERAL- It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred–

`(A)(i) through a licensed dealer under subsection (d);

`(ii) through a law enforcement agency under subsection (e);

`(iii) after inspecting a permit that confirms a background check in accordance with subsection (f); or

`(iv) in accordance with an exception described in subsection (g); and

`(B) in accordance with paragraph (2).

`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (g), an unlicensed transferee–

`(A) subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until–

`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A);

`(ii) the law enforcement agency through which the transfer is made under subsection (e) makes a notification described in subsection (e)(4)(A); or

`(iii) the unlicensed transferee has presented a permit that confirms that a background check described in subsection (f) has been conducted; and

`(B) may not receive a firearm from another unlicensed transferor if–

`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(B); or

`(ii) the law enforcement agency through which the transfer is made under subsection (e) makes a notification described in subsection (e)(4)(B).

`(d) Background Checks Through Licensed Dealers- A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall–

`(1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record;

`(2) record the transfer on a form specified by the Attorney General;

`(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee–

`(A) of such compliance; and

`(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law;

`(4) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which–

`(A) shall be on a form specified by the Attorney General by regulation; and

`(B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;

`(5) if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall–

`(A) be prepared on a form specified by the Attorney General; and

`(B) not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to–

`(i) the office specified on the form described in subparagraph (A); and

`(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and

`(6) retain a record of the transfer as part of the permanent business records of the licensed dealer.

`(e) Background Checks Through Law Enforcement Agencies- A State or local law enforcement agency that agrees to assist an unlicensed transferor in carrying out the responsibilities of the unlicensed transferor under subsection (b) with respect to the transfer of a firearm shall–

`(1)(A) contact the national instant criminal background check system under section 922(t); and

`(B)(i) receive an identification number as described in section 922(t)(1)(B)(i); or

`(ii) wait the period described in 922(t)(1)(B)(ii);

`(2) conduct such other checks as the agency considers appropriate to determine whether the receipt or possession of the firearm by the unlicensed transferee would violate section 922 or State law;

`(3) verify the identity of the unlicensed transferee by–

`(A) examining a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee; or

`(B) confirming that the unlicensed transferor has examined a valid identification document described in subparagraph (A);

`(4) notify the unlicensed transferor and transferee–

`(A) of the compliance by the law enforcement agency with the requirements under paragraphs (1), (2), and (3); and

`(B) of any receipt by the law enforcement agency of a notification from the national instant criminal background check system or other information that the transfer would violate section 922 or would violate State law;

`(5) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which–

`(A) shall be on a form specified by the Attorney General by regulation; and

`(B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;

`(6) if the law enforcement agency assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (5), prepare a report of the multiple transfers, which shall be–

`(A) prepared on a form specified by the Attorney General; and

`(B) not later 24 hours after the transfer requiring the report under this paragraph occurs, submitted to–

`(i) the office specified on the form described in subparagraph (A); and

`(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and

`(7) maintain records of the transfer at such place, and in such form, as the Attorney General may prescribe.

`(f) Purchase Permits Confirming Background Checks- An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that–

`(1) the unlicensed transferee has presented a valid permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm;

`(2) the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph (1) by a law enforcement agency in the State in which the transfer is to take place;

`(3) the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; and

`(4) if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee.

`(g) Exceptions- Unless prohibited by any other provision of law, subsections (b) and (c) shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if–

`(1) the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren;

`(2) the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will;

`(3) the transfer is temporary and occurs while in the home of the unlicensed transferee, if–

`(A) the unlicensed transferee is not otherwise prohibited from possessing firearms; and

`(B) the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;

`(4) the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

`(5) upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection (b) is impracticable because–

`(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;

`(B) the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); and

`(C) there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; or

`(6) the transfer is a temporary transfer of possession without transfer of title that takes place–

`(A) 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;

`(B) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; or

`(C) while hunting, fishing, or trapping, if–

`(i) the activity is legal in all places where the unlicensed transferee possesses the firearm; and

`(ii) the unlicensed transferee holds any required license or permit.

`(h) Processing Fees- A licensed dealer or law enforcement agency that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed.

`(i) Records- Nothing in subsection (e)(7) shall be construed to authorize the Attorney General to inspect records described in such subsection or to require that the records be transferred to a facility owned, managed, or controlled by the United States.’.

(b) Penalties- Section 924(a)(5) of title 18, United States Code, is amended by inserting `or section 932′ after `section 922′.

(c) Conforming Amendment- The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`932. Background checks for firearm transfers by unlicensed persons.’.

SEC. 203. EFFECTIVE DATE.

The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
END

Uncategorized

ATF, Chuck Schumer, and Andrew Traver

December 31, 2010 by 3 Comments

Mike Vanderboegh at Sipsey Street Irregulars has a very interesting post on the Traver nomination being sent back to the White House. Rumor has it that the Traver nomination was sent back with the full approval of notorious anti-gunner Senator Chuck Schumer.

The Chief Counsel’s Office at ATF has a reputation for being a nest of vipers. That comes from both ATF agents in the field and pro-gun advocates. They also have good relations with Schumer and have been at his beck and call for years.

The rumor is that Andrew Traver wanted the Chief Counsel’s Office cleaned out before he arrived so he wouldn’t have to do it. Because of that the CCO worked with Schumer to have the nomination killed or at least stalled.

Remember this is all rumor and conjecture on Mike’s part but he was the first one to call the Traver nomination. It was Mike’s first post on Traver that got me to doing Google searches on the guy. Read his whole post linked above in the first paragraph.