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Old May 15, 2013, 01:06 PM   #2
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 6,902
I saw BR's post, and it got me to thinking: If NICS is up for reauthorization, what happens if it's not reauthorized? My gut says that we then have a federal requirment for background checks on certain sales, but no way to perform them. That would be problematic for gun buyers.

Some sections from the text cause me a little heartburn, though:
SA 725. Mr. GRASSLEY (for himself, Mr. Cruz, Mr. Graham, Mr. Thune,
Ms. Ayotte, Mr. Hoeven, Mr. Hatch, Mr. Flake, Mr. Coats, Mr. Cornyn,
Mr. Roberts, Mr. Wicker, Mr. Johnson of Wisconsin, Mr. Inhofe, Mr.
Risch, Mr. Rubio, Ms. Murkowski, Mr. Boozman, Mr. Johanns, Mr. Portman,
Mr. McConnell, Mr. Blunt, Mr. Vitter, Mr. Cochran, and Mr. Coburn)
submitted an amendment intended to be proposed by him to the bill S.
649, 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, and for other purposes; as follows:
I do not see where the text of the amendment actually requires the bolded and underlined part above, however.


Section 923(g)(5) of title 18, United States Code, is
amended by adding at the end the following:
``(C) The Attorney General may not require a licensee to
submit ongoing or periodic reporting of the sale or other
disposition of 2 or more rifles or shotguns during a
specified period of time.''.
Does this mean that the AG could require a licensee to submit ongoing or periodic reporting of the disposition of 1 rifle or shotgun during a specified period of time? My gut says no, but expect someone on the anti side to claim that that's exactly what it means.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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