Gun Violence Prevention Bill of 2013

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Gun Violence Prevention Bill of 2013

Postby river_boater on Thu Feb 28, 2013 3:21 pm

I just got an email from Protect Minnesota:

Protect Minnesota wrote:Today, Rep. Michael Paymar and law enforcement leaders are rolling out the gun violence prevention bill of 2013. At a news conference this afternoon, the Minnesota Chiefs of Police Association and the Minnesota Police and Peace Officers Association are expressing their strong support for the bill, which includes background checks before all sales of pistols and assault weapons in Minnesota! This is the most important step in decades toward safe communities for our children - where all kids can play outside without fear of being shot.
But already, NRA lobbyists are working to derail or weaken the bill. Can you help make sure our kids are valued above gun industry profits?
Urge House and Senate leaders today to support this critically important bill!


I can't find the bill anywhere online. Has anyone seen it?
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Re: Gun Violence Prevention Bill of 2013

Postby 2in2out on Thu Feb 28, 2013 4:13 pm

Not finding it on the committee's list of bills:

https://www.revisor.mn.gov/bills/status_result.php?body=House&search=committee&session=0882013&committee_id=88022&submit_committee=GO

I also don't see that announcement on Protect's web site, but maybe it's just too early. They obviously got tipped off to something before it happened, and that could be why I'm not seeing it.
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Re: Gun Violence Prevention Bill of 2013

Postby bstrawse on Thu Feb 28, 2013 4:19 pm

Here's the press release from Paymar:

ST. PAUL – Rep. Michael Paymar (DFL-St. Paul) announced a package of measures titled The Gun Violence Prevention Act today at a State Capitol news conference. Rep. Paymar, chair of the House Public Safety Committee, unveiled the legislation while joined by Dave Pecchia, Executive Director, Minnesota Chiefs of Police Association and Dennis Flaherty, Executive Director, Minnesota Police and Peace Officers Association.

“The Gun Violence Prevention Act contains provisions that will help make Minnesota a safer place to live without infringing on the rights of law abiding gun owners,” said Rep. Paymar. “By carefully deliberating on all aspects of this important issue, we put together a comprehensive package that has the support of most Minnesotans and most of the law enforcement community.”

Earlier this month, the Public Safety Committee held hearings with public testimony over a three day period.

The Gun Violence Prevention Act is comprised of three measures:
• Universal background checks for individuals purchasing pistols or semi-automatic weapons with exemptions for relatives.
• Penalties on straw purchases to deter people from selling firearms to disqualified people—felons, domestic abusers, and those with serious mental illness.
• Tools that allow prosecutors to crack down on more gun crimes and people who should not possess guns.

“To effectively keep guns out of the wrong hands, we need a background check law that covers all sales of pistols and assault weapons. Right now, we can’t deny gun permits to people who are dangerous, and people who can’t pass a background check can just buy a gun at a gun show, on the internet, or at a flea market,” said Police Chief Gordon Ramsey of Duluth. “We’ve known for a long time that closing the private sale gap was a key to reducing gun violence in our state. This is an idea whose time has come.”

The bill will be heard in committee in the coming weeks.
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Re: Gun Violence Prevention Bill of 2013

Postby EllisW on Thu Feb 28, 2013 7:50 pm

Uhh, straw purchases are already felonies. :|
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Re: Gun Violence Prevention Bill of 2013

Postby Cavscout on Thu Feb 28, 2013 7:56 pm

Yep, and you're liable for a gun after you sell it for two years, I believe. Even if the person you sell it to sells it or has it stolen.

Since when are internet sales not background checked? Still with the damn LIES?

Of all the firearms I've bought on the internet, every last one required me to be checked. They all have to be shipped to an FFL holder, which must check you and record the transfer just as if you bought it.

But hey, I'm probably preaching to the choir. Guess I'll go rant on Facebook...
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Re: Gun Violence Prevention Bill of 2013

Postby grousemaster on Thu Feb 28, 2013 7:57 pm

Cavscout wrote:Yep, and you're liable for a gun after you sell it for two years, I believe. Even if the person you sell it to sells it or has it stolen.



Really?
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Re: Gun Violence Prevention Bill of 2013

Postby river_boater on Thu Feb 28, 2013 8:33 pm

grousemaster wrote:
Cavscout wrote:Yep, and you're liable for a gun after you sell it for two years, I believe. Even if the person you sell it to sells it or has it stolen.



Really?


Wait. What?

If my buyer passes a NICS check, but still goes on to commit a crime with the gun, I am liable?

What is this craziness?
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Re: Gun Violence Prevention Bill of 2013

Postby St. Olaf on Thu Feb 28, 2013 8:40 pm

Cavscout wrote:Yep, and you're liable for a gun after you sell it for two years, I believe. Even if the person you sell it to sells it or has it stolen.

Since when are internet sales not background checked? Still with the damn LIES?

Of all the firearms I've bought on the internet, every last one required me to be checked. They all have to be shipped to an FFL holder, which must check you and record the transfer just as if you bought it.

But hey, I'm probably preaching to the choir. Guess I'll go rant on Facebook...


When they talk about internet sales without background checks they're talking about between private parties in the same state who meet to do an in person sale......thus no background check.
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Re: Gun Violence Prevention Bill of 2013

Postby Cavscout on Thu Feb 28, 2013 9:11 pm

I just wrote this letter to him. EDIT: for looking like a traitor to my own kind ;)



Dear Chief Gordon Ramsay,
I recently came across something you said relating to Minnesota law, and believe it may need some clarification to the public.

"people who can’t pass a background check can just buy a gun at a gun show, on the internet, or at a flea market"

Firearms purchased online can only be shipped to a Federal Firearms License holder. I believe that is a federal law. This means that all internet sales are recorded in store records and also by the FFL that completes the transfer. Every transfer requires a NICS background check on the person receiving the firearm. It is as if the person went to a local L&M Fleet Supply store and bought the firearm that way.

People are also liable for any firearm that they privately transfer to another for a full year. Straw purchases are already a felony.
Last edited by Cavscout on Thu Feb 28, 2013 9:18 pm, edited 1 time in total.
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Re: Gun Violence Prevention Bill of 2013

Postby Cavscout on Thu Feb 28, 2013 9:15 pm

Criminally liable...

Transfers by persons other than federally licensed firearms dealers are not subject to the requirement that the transferor file a transfer report with the local police chief or sheriff, and that the police chief or sheriff conduct a background check

In Minnesota, a person other than a federally licensed dealer who transfers a handgun or semiautomatic military-style assault weapon without complying with state background check requirements is criminally liable only if the transferee possesses or uses the firearm within one year after the transfer in furtherance of a felony crime of violence, and:

• The transferee was prohibited from possessing the weapon under Minnesota law at the time of the transfer; or

• It was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.2

In addition, a person commits a gross misdemeanor if he or she intentionally transfers a handgun or semiautomatic military-style assault weapon to a person he or she knows:

• Has been denied a permit to carry a weapon because he or she is not eligible under state law to possess a handgun or assault weapon;

• Has been found ineligible to possess a handgun or assault weapon by law enforcement as a result of an application for a transferee permit or state background check; or

• Is ineligible to possess a handgun or assault weapon under state law.3

A person who recklessly furnishes another person with a firearm in conscious disregard of a known substantial risk that it will be possessed or used in furtherance of a felony crime of violence is criminally liable for a felony

Source:
http://smartgunlaws.org/private-sales-in-minnesota/
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Re: Gun Violence Prevention Bill of 2013

Postby St. Olaf on Thu Feb 28, 2013 9:20 pm

Again:

When they talk about internet sales without background checks they're talking about between private parties in the same state who meet to do an in person sale......thus no background check.
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Re: Gun Violence Prevention Bill of 2013

Postby Cavscout on Thu Feb 28, 2013 9:35 pm

So you're saying that the "40% of all firearms sales aren't done with a background check" of all firearms sales doesn't include ALL internet sales?

I'm saying they are including them to come up with 40%.

Besides, that is not an "internet sale." If you're right, they are being deceitful at best.
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Re: Gun Violence Prevention Bill of 2013

Postby MXGreg on Thu Feb 28, 2013 9:41 pm

Cavscout wrote: "40% of all firearms sales aren't done with a background check"


This most likely includes firearms that don't need a background check to sell anyways (shotguns, muzzle loaders, etc).
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Re: Gun Violence Prevention Bill of 2013

Postby jdege on Thu Feb 28, 2013 9:44 pm

Cavscout wrote:So you're saying that the "40% of all firearms sales aren't done with a background check" of all firearms sales doesn't include ALL internet sales?

The 40% number comes from a small-scale study that was done in the early nineties.
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Re: Gun Violence Prevention Bill of 2013

Postby NZarathustra on Thu Feb 28, 2013 9:52 pm

I know you don't HAVE to, but the majority of handguns I've seen for sale require a PTP/PTC. Wouldn't that count as a background check?
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