(Full Text) S.649 - Public Safety and Second Amendment Rights Protection ActSubmitted by WilsonLiberty on Fri, 04/12/2013 - 03:47
**The purpose of this thread is to promote discussion on the contents of this bill.
Hi everyone. I did a quick search of some of the mainstream networks and stumbled across this the full text of Senate Bill S.649 on the Huffington Post. Whether this will be the bill that's brought to a final vote in the Senate (in addition to any amendments), I'm not sure.
Here are 2 links to the bill (the second link goes to the same text that's embedded in the HuffPost article):
After reviewing the bill myself, here are a few points that I found worthy of note. I'm not a professional political analyst, but I included some of my own thoughts (marked with double asterisks):
Regarding the Definition of what Constitutes a Mental Illness
Page2: Sec.102 Findings
-…“the Department of Justice should make it a top priority to work with States to swiftly input missing records, including mental health records.”
-…“in order to promote safe and responsible gun ownership, dangerous criminals and the seriously mentally ill should be prohibited from possessing firearms”…
**Throughout the entire bill, I noticed several references to “a court of competent jurisdiction” that would be looked to, to assess whether a person can/cannot safely use, carry, possess, or store a firearm due to some mental incompetence. However, there isn't a straightforward definition in the bill as to what is considered to be a mental illness.
Regarding the Creation of a National Firearm’s Registry/Database
Page3: Sec.103 Rule of Construction
-“Nothing in this title, or any amendment made by this title, shall be construed to – (2) allow the establishment, directly or indirectly, of a Federal firearms registry.”
“The Attorney General may not consolidate or centralize the records of the – acquisition or disposition of firearms, or any portion thereof…”
Family Firearm Transfer
**Here, I found a few references to firearms transactions between family members. It seems as if close family members could still transfer weapons between each other without a special dealership license. In particular, you could still legally hand down your firearms to your children under this bill...but I didn't catch anything about still being required to go through a background check.
**Here, the bill defines what a “gun show” is, which is “any event at which 75 or more firearms are offered or exhibited for sale, exchange, or transfer”...However, this doesn’t include exchanges that occur at an individual’s private residence.
Creation of a New National Commission on Mass Violence
Page37: Subtitle C – National Commission on Mass Violence
**The bill establishes a new federal commission to study the availability and nature of firearms and issues relating to mental health. I noticed that the commission is to be composed of a total of 12 members, of which 6 members are to be chosen “in consultation with the Democratic leadership of the House of Representatives” and the other 6 members chosen “in consultation with the Republican leadership of the Senate”. Doesn’t this exclude any independent senators and representatives from having a say?
“The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out its duties under section 143.”
**Is this what you found Ron Johnson? I didn’t see any direct reference to Obamacare in Sec. 117 or Subtitle B, although they do state that the “submission of mental health records to the national instant criminal background check system is not prohibited by the health insurance portability and accountability act”.
Page49: Sec.146 Authorization of Appropriations
“Any sums appropriated shall remain available, without fiscal year limitation, until expended.”
**Does this mean that once funds are allocated for the commission, the commission can spend them whether or not the money actually exists?
Other Points of Interest
Page4: Sec.112 Improvement of Metrics and Incentives
**This bill seems to supply new grant money to the States and Indian Tribal governments that comply with new “implementation plans” that would make the national background check system more efficient and complete. These plans, coordinated by the Attorney General and the States, are aimed at ensuring "maximum coordination and automation of the reporting of records or making records available to the National Instant Criminal Background Check System.”