[gc70]

Originally Posted by Spats McGee

I have read S.150 (Feinstein's bill), but not HR21. I am somewhat short on time today, but let me as this: Does either of those bill create hurdles to possession which is not already in place? Extra hurdles? Or are we talking about possession by persons whose possession of firearms is already prohibited?

As I read the bills, they create new hurdles to possession for people who can legally possess firearms.

• Both bills require a background check for a "transfer" rather than simply for a sale.
• H.R.21 does not explicitly define a "transfer" but the stated purpose of the bill is to expand background checks "to all sales and transfers of firearms."
• S.150 says a transfer "shall include a sale, gift, or loan."
• Both bills have exceptions for "a temporary transfer of possession" under specified conditions.

There would be no need for exceptions if the bills were not intended to require background checks for all transfers - permanent transfers of title and temporary transfers of possession. If that reading of the language of the bills is correct, it would create very substantial hurdles for possession.

Exceptions in H.R.21 include:

• "the transfer is a bona fide gift between immediate family members"
  A gift is a permanent transfer, so temporary transfers to family members would seem to require background checks.
• a temporary transfer "while in the home" of a person whose possession of a firearm is "necessary to prevent imminent death or great bodily harm"
  Unless danger was imminent, it would seem a background check would be required before loaning a firearm to someone (a family member?) for home protection.
• "a temporary transfer of possession" at certain shooting ranges and competitions and "while hunting, fishing, or trapping" with conditions attached
  Temporary transfers while shooting on other than specified property would seem to require background checks.

Exceptions in S.150 include:

• "temporary custody ... for purposes of examination or evaluation by a prospective transferee"
  At least you can hold a gun you might buy without getting a background check.
• "a temporary transfer of possession" to participate in target shooting, if the weapon "is, at all times, kept within the premises of the target facility or range"
  This sounds suspiciously like the range storage requirements in some European countries.

To summarize, all transfers covers a huge amount of ground and the limited exceptions in the bills do not provide relief in many common situations.