HR 127 Alert

Guilford GOP Political Analyst Demetria Carter provides her summation of House of Representatives (HR) 127, a bill introduced by Representative Sheila Lee.  Known as "The Sabika Sheikh Firearm Licensing and Registration Act," it has been described as "tyrannical," as well as "making felons out of law-abiding citizens overnight."  The details of the bill are, to say the least, quite troubling.

The requirements include, among other things, that:

  • Every gun owned regardless of purchase date must be registered, including antique and military-style guns, into a database developed and maintained by the Attorney General of the United States, through the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
  • Every gun owner must acquire a license issued by the Attorney General;
  • Every gun owner must obtain insurance issued by the Attorney General at the cost of $800 every year;
  • No gun may be given to or loaned to anyone under the age of 18;
  • No gun may be given to or loaned to anyone over the age of 18 unless the Attorney General has been notified; and 
  • The penalties for violating any provision of the Act (when enacted) are draconian!

Please read below for a better understanding of the proposed legislation's requirements.

HR 127 - The Sabika Sheikh Firearm Licensing and Registration Act

In General:

The Attorney General of the United States, through the Bureau of Alcohol, Tobacco, Firearms, and Explosives, shall establish a system for licensing the possession of firearms and ammunition in the United States, and for the registration with the Bureau of each firearm present in the United States.

Required Information for Registration:

Under the firearm registration system, the owner of a firearm shall transmit to the Bureau—

  1. the make, model, and serial number of the firearm, the identity of the owner of the firearm, the date the firearm was acquired by the owner, and where the firearm is or will be stored; and

  2. a notice specifying the identity of any person to whom, and any period of time during which, the firearm will be loaned to the person.

Firearm Licensing Database:

The Attorney General shall establish and maintain a database of all firearms registered and shall make the contents of the database accessible to all members of the public, all Federal, State, and local law enforcement authorities, all branches of the United States Armed Forces, and all State and local governments, as defined by the Bureau.  Registration all applies to antique guns and military-style weapons.

General License Requirements:

Except as otherwise provided, the Attorney General shall issue to an individual a license to possess a firearm and ammunition if the individual—

  1. Has attained 21 years of age;

  2. Undergoes a criminal background check conducted by the national instant criminal background check;

  3. Undergoes a psychological evaluation conducted by a licensed psychologist and the evaluation does not indicate that the individual is psychologically unsuited to possess a firearm[1]; and

  4. Successfully completes a training course, certified by the Attorney General, in the use, safety, and storage of firearms, that includes at least 24 hours of training; and

  5. Demonstrates that, on the issuance of the license, after payment of an $800 fee, the individual will have in effect an insurance policy issued by the Attorney General that insures the person against liability for losses and damages resulting from the use of any firearm by the person during the 1-year period that begins with the date the policy is issued.[2]

Expiration of license:

A license issued to an individual under this subsection shall expire—

  1. In the case of a license that has been in effect for less than 5 years, 1 year after issuance or renewal, as the case may be; or

  2. In the case of a license that has been in effect for at least 5 years, 3 years after the most recent date the license is renewed.

Licenses can be renewed or terminated.

Penalties:

  1. Whoever knowingly has a firearm that is not registered and licensed shall be fined not less than $75,000 and not more than $150,000, imprisoned not less than 15 years and not more than 25 years, or both.

  2. Whoever knowingly transfers or loans a firearm or ammunition to anyone not licensed shall be fined not less than $50,000 and not more than $75,000, imprisoned not less than 10 years and not more than 15 years, or both.

  3. Whoever knowingly transfers or loans a firearm to anyone under the age of 18 shall be fined not less than $75,000 and not more than $100,000, imprisoned not less than 15 years and not more than 25 years, or both, except that if the transferee of the firearm possesses or uses the firearm during or in relation to a crime, an unintentional shooting, or suicide, the transferor shall be fined not less than $100,000 and not more than $150,000, imprisoned not less than 25 years and not more than 40 years, or both.
  4. Whoever knowingly fails to obtain and keep firearm insurance shall be fined not less than $50,000 and not more than $100,000, imprisoned not less than 10 years and not more than 20 years, or both.

Prohibition on Certain Ammunition:

  1. It shall be unlawful for any person to possess ammunition that is 0.50 caliber or greater, and

  2. It shall be unlawful for any person to possess a large-capacity ammunition feeding device.

The term large capacity ammunition feeding device means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition, but does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

Penalties:

  1. Whoever knowingly has ammunition equal to or greater than 0.50 caliber shall be fined not less than $50,000 and not more than $100,000, imprisoned not less than 10 years and not more than 20 years, or both.

  2. Whoever knowingly possesses a large capacity ammunition feeding device shall be fined not less than $10,000 and not more than $25,000, imprisoned not less than 1 year and not more than 5 years, or both.

 

 

[1] As part of the psychological evaluation, the licensed psychologist may/will interview any spouse of the individual, any former spouse of the individual, and at least 2 other persons who are a member of the family of, or an associate of, the individual to further determine the state of the mental, emotional, and relational stability of the individual in relation to firearms.

[2] The insurance policy is issued annually, as is the payment of the $800 fee.