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H.R. 45 - To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.
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-> Destroying the Constitution <-
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Speaking like a Dragon (Satan).
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"And I beheld another beast coming up out of the earth; and he had two horns like a lamb, and he spoke as a dragon." - Revelation 13:11
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A nation speaks by its laws. If it upholds the Laws of God, it speaks like Christ. If it upholds the lawlessness of the Dragon, it speaks like Satan.
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There is a connection between the Laws of God and the Laws of men. If that connection is not found, there is lawlessness.
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Remember ... Governments do not grant you your rights.
Only God grants you your rights and the Founding Fathers recognized that fact.
They set down what those rights were based upon the Word of God.
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Judge for yourself if these measures destroy the Constitution!
(Numbered Comments will be enclosed as you read.)
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Foreword on H.R. 45
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If this bill is passed it would effectively kill the Second Amendment rights of We the People. It calls for mandatory registration of all firearms and would require any individual who wants to purchase a firearm to register himself to obtain a federal license. Clearly this bill is unconstitutional, because the right of the people to keep and bear arms shall not be infringed. A constitutional right of the people cannot be modified or regulated by the federal government. No law passed by Congress shall abrograte or deny any right of the people.
The only legal way to remove from the people their rights is to change the U.S. Constitution according to the provisions set forth for amending it and that would have to be done by the consent of the people themselves.
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Taken from http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111PWHmWa:e365:
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H.R. 45
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Section 1. Short Title - Blair Holt's Firearms Licensing and Record of Sale Act of 2009.
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Introduced in the House by Rep. Bobby Rush (D.Ill) - January 6, 2009 - Referred to the Committee
on the Judiciary, House Subcommittee on Crime, Terrorism, and Homeland Security.
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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
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A bill to provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.
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Section 2. Findings and Purposes -
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------(a) Congress finds that --
------------(1) the manufacture, distribution, and importation of firearms is inherently commercial in nature:
------------(2) firearms regularly move in interstate commerce.
------------(3) to the extent that firearms trafficking is intrastate in nature, it arises out of and is substantially
------------connected with a commercial transaction, which, when viewed in the aggregate, substantially affects
------------interstate commerce.
------------(4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of
------------interstate commerce requires the incidental regulation of intrastate commerce;
------------(5) gun violence in the United States is associated with the majority of homicides, over half the
------------suicides, and two-thirds of non-fatal violent injuries; and
------------(6) on the afternoon of May 10, 2007, Blair Holt, a junior at Julian High School in Chicago, was
------------killed on a public bus riding home from school when he used his body to shield a girl who was in
------------the line of fire after a young man boarded the bus and started shooting.
------(b) Sense of the Congress - It is the sense of the Congress that --
------------(1) firearms trafficking is prevalent and widespread in and among the States, and it is usually
------------impossible to distinguish between intrastate trafficking and interstate trafficking; and
------------(2)It is in the national interest and within the role of the Federal Government to ensure that the
------------regulation of firearms is uniform among the States, that law enforcement can quickly and effectively ------------trace firearms used in crime, and that firearms owners know how to use and safely store their
------------firearms.
------(c) Purposes - The Purposes of this Act and the amendments made by the Act are --
------------(1) to protect the public against the unreasonable risk of injury and death associated with the
------------unrecorded sale or transfer of qualifying firearms to criminals and youth;
------------(2) to ensure that owners of qualifying firearms are knowledgeable in the safe use, handling, and
------------storage of those firearms;
------------(3) to restrict the availability of qualifying firearms to criminals, youth, and other persons prohibited
------------by Federal law from receiving firearms; and
------------(4) to facilitate the tracing of qualifying firearms used in crim by Federal and State law enforcement
------------agencies.
23 - The argument for controlling firearms is that it is simply a commercial transaction and as such can be controlled by Congress. The writers of H.R. 45 completely disregard the "Second Amendment provisions of the United States Constitution, which declare that the people's right to keep and bear arms, shall not be infringed. In the time which produced the Second Amendment Congress was skeptical of a standing army since they had ample experience with the armies of the British Crown impounding supplies of food and material to feed that invading army and impounding the arms of the local colonial militia to leave them defensless against the tyranny of the crown and the depradations of the British. The colonial militia was composed of local citizens who provided their own personal arms and ammunition for defense against any threats to the peace of the community. They were a local defense force and they were made up of private individual citizens to defend "We the people" from any threat, whether it was outlaw bands, indians, or the armies of a tyrant.
In any court of law the right of Self Defense is considered a justifying argument, if it can be proven that you were attacked and that your person or proplerty were threatened by deadly force. Do you want to give up this right? The right of Self Defense is based upon a higher Law of God that says "Thou shalt not kill" (murder) and "Thou shalt not steal." That law justifies Self Defense when deadly force is used against you.

Section 3. Definitions.
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------(a) In General - In this Act:
------------(1) FIREARM; LICENSED DEALER; LICENSED MANUFACTURER; STATE - The terms
------------'firearm', 'licensed dealer', 'licensed manufacturer', and 'State' have the meaning given those terms in
------------section 921(a) of title 18, United States Code.
------------(2) QUALIFYING FIREARM - The term 'qualifying firearm' has the meaning given the term in
------------section 921(a) of title 18, United States Code, as amended by subsection (b) of this section.
------(b) Amendment to Title 18, United States Code - Section 921(a) of title 18, United States Code,is
------amended by adding at the end the following:
------------(36) The term 'qualifying firearm' --
------------------'(A) means --
------------------------'(i) any handgun; or
------------------------'(ii) any semiautomatic firearm that can accept any detachable ammunition feeding
------------------------device; and
------------------'(B) does not include any antique.'.
26 - The writers of H.R. 45 mean to define away not only your right to keep and bear arms by loading on ever burdensome and costly regulations, but by also defining the type of arms you may own and the methods of storage you will use. As a practical matter it is possible by regulation and fees and burdensome paperwork to place firearms out of the reach of the average persons budget and income restraints. It is also possible to define the firearm down to such a condition of primitive manufacture that you will be restricted to only one shot from a muzzle loader and it is also possible to have such safety restrictions placed upon a firearm that it will be virtually entombed at the moment you that you need it.
Let face it. The firearm is a weapon. You use it at your own risk and anyone attempting to use deadly force on you also attempts such at personal risk. The point is that by restricting the firearm by type and by reducing its effectiveness to the point of uselessness only increases the odds of the scoundrel who is trying to kill you! Let's be realistic about safety. To reduce the firearm to a point of ineffectiveness only increases the odds of the criminal who attacks you. Where is the safety in that?

Title I -- LICENSING
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Section 101. LICENSING REQUIREMENT
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------Section 922 of title 18, United States Code, is amended by adding at the end the following:
------'(aa) Firearm Licensing Requirement -
------------'(1) IN GENERAL - It shall be unlawful for any person other than a licensed importer, licensed
------------manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the
------------applicable date, unless that person has been issued a firearm license --
------------------'(A) under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, which
------------------license has not been invalidated or revoked under that title; or '(B) pursuant to a State firearm
------------------licensing and record of sale system certified under section 602 of Blair Holt's Firearm
------------------Licensing and Record of Sale Act of 2009, which license has not been invalidated or revoked
------------------under State law.
------------------'(B) pursuant to a State firearm licensing and record of sale system certified under section
------------------602 of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, which license has not
------------------been invalidated or revoked under State law.
------------'(2) APPLICABLE DATE - In this subsection, the term 'applicable date' means --
------------------'(A) with respect to a qualifying firarm that is acquired by the person before the date of the
------------------enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, 2 years after
------------------such date of enactment; and
------------------'(B) with respect to a qualifying firearm that is acquired by the person on or after the date of
------------------the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, 1 year after
------------------such date of enactment.'.
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Section 102. APPLICATION REQUIREMENTS
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------(a) In General - In order to be issued a firearm license under this title,an individual shall submit to the
------Attorney General (in accordance with the regulations promulgated under subsection (b) an application,
------which shall include --
------------(1) a current, passport-sized photograph of the applicant that provides a clear,accurate likeness
------------of the applicant;
------------(2) the name, address, and date and place of birth of the applicant;
------------(3) any other name that the applicant has ever used or by which the applicant has ever been known;
------------(4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity
------------to whom, the application is submitted;
------------(5) with respect to each category of person prohibited by Federal law, or by the law of the State of
------------residence of the applicant, from obtaining a firearm, a statement that the individual is not a person
------------prohibited from obtaining a firearm;
------------(6) a certification by the applicant that the applicant will keep any firearm owned by the applicant
------------safely stored and out of the possession of persons who have not attained 18 years of age;
------------(7) a certificate attesting to the completion at the time of application of a written firearms
------------examination,which shall test the knowledge and ability of the applicant regarding --
------------------(A) the safe storage of firearms, particularly in the vicinity of persons who have not attained
------------------18 years of age;
------------------(B) the safe handling of firearms;
------------------(C) the use of firearms in the home and the risks associated with such use
------------------(D) the legal responsibilities of firearms owners, including Federal, State, and local laws
------------------relating to requirements for the possession and storage of firearms, and relating to reporting
------------------requirements with respect to firearms; and
------------------(E) any other subjects, as the Attorney General determines to be appropriate;
------------(8) an authorization by the applicant to release to the Attorney General or an authorized
------------representative of the Attorney General any mental health records pertaining to the applicant;
------------(9) the date on which the application was submitted; and
------------(10) the signature of the applicant.
------(b)Regulations Governing Submission - The Attorney General shall promulgate regulations
------specifying procedures for the submission of applications to the Attorney General under this section, which
------regulations shall --
------------(1) provide for submission of the application through a licensed dealer or an office or agency of the
------------Federal Government designated by the Attorney General;
------------(2) require the applicant to provide a valid identification document (as defined in section
------------1028 (d)(2) of title 18, United States Code) of the applicant, containing a photograph of the
------------applicant, to the licensed dealer or to the office or agency of the Federal Government, as
------------applicable, at the time of submission of the application to that dealer, office, or agency; and
------------(3) require that a completed application be forwarded to the Attorney General not later than 48
------------hours after the application is submitted to the licensed dealer or office or agency of the Federal
------------Government, as applicable.
------(c) Fees -
------------(1) IN GENERAL - The Attorney General shall charge and collect from each applicant for a
------------license under this title a fee in an amount determined in accordance with paragraph (2).
------------(2) FEE AMOUNT - The amount of the fee collected under this subsection shall be not less than
------------the amount determined by the Attorney General to be necessary to ensure that the total amount of
------------all fees collected under this susbsection during a fiscal year is sufficient to cover the costs of
------------carrying out this title during that fiscal year, except that such amount shall not exceed $25.
41 - Do you notice the requirements for owning a firearms? Photographs, thumbprints, name, address, date of birth, place of birth,aliases,age and any prior records. These are all the requirements that government places upon criminals. Are you offended? You should be if you have no priors. You are now assumed to be a criminal untill proven innocent. You now will be required to take an OSHA style safety exam and prove that you can "safely handle" the firearm. Safety for whom? Innocent persons yes, but not for the criminal who attacks you.
The propler handling of firearms can only be learned by doing. Rules such as whenever you pick up a gun, you check to make sure the condition of the gun is either loaded or unloaded. Always be aware of where the muzzle of the gun is pointed. Thinking that the gun is still unloaded just because you left it that way is sloppy thinking that can cost you. The excuse that you "didn't know the gun was loaded" doesn't hold up in court. If you handle a gun, you should always know the steps to determine if the gun is or is not loaded. Then you should know how to hit something with the weapon. You will have to learn how to sight the weapon and breath control while squeezing the trigger as you hold the "sight picture" on target. Shooting from instinctive pointing without sighting is another method which requires a lot of practice. You will need to know what your shooting requirements are before even considering a weapon. Further study will be required before selecting your weapon. Don't put it off. If you are attacked by an armed criminal it will be too late to observe the first rule of a gunfight. Be sure to bring a gun!

Section 103. ISSUANCE OF LICENSE.
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------(a) IN GENERAL - The Attorney General shall issue a firearm license to an applicant who has submitted
------an application that meets the requirements of section 102 of this Act, if the Attorney General ascertains
------that the individual is not prohibited by subsection (g) or (n) of section 922 of title 18, United States Code,
------from receiving a firearm.
------(b) Effect of Issuance to Prohibited Person - A firearm license issued under this section shall be null and
------void if issued to a person who is prohibited by subsection (g) or (n) os section 922 of title 18, United
------States Code, from receiving a firearm.
------(c) Form of License - A firearm license issued under this section shall be in the form of a tamper-resistant
------card, and shall include --
------------(1) the photograph of the licensed individual submitted with the application;
------------(2) the address of the licensed individual;
------------(3) the date of birth of the licensed individual;
------------(4) a license number, unique to each licensed individual;
------------(5) the expiration date of the license, which shall be the date that is 5 years after the initial
------------anniversary of the date of birth of the licensed individual following the date on which the license is
------------issued (or in the case of a licensed renewal, following the date on which the license is renewed
------------under section 104);
------------(6) the signature of the licensed individual provided on the application, or a facsimile of the
------------application; and
------------(7) centered a the top of the license, capitalized, and in boldface type, the following:
------'FIREARM LICENSE -- NOT VALID FOR ANY OTHER PURPOSE'.
43 - If you intend to rely only on your constitutional right to keep and bear arms you must not confuse fees imposed with a license to use a gun. The fee is only a tax. Your license to keep and bear arms is the Second Amendment to the Constitution, which was recently upheld by the Supreme Court as being an individual right. It may not be lawfully infringed! You already have a lawful license to keep and bear arms for your defense. You are within the law. Don't act as if you are a criminal, when they are the ones imposing an unconstitutional requirement that is not law, but has the color of law.
So who is the criminal here?

Section 104. RENEWAL OF LICENSE.
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------(a) Application for Renewal -
------------(1) IN GENERAL - In order to renew a firearm license issued under this title, not later than 30
------------days before the expiration date of the license, the licensed individual shall submit to the Attorney
------------General (in accordance with the regulations promulgated under paragraph (3)), in a form approved
------------by the Attorney General, an application for renewal of the license.
------------(2) CONTENTS - An application submitted under paragraph (1) shall include -
------------------(A) a current, passport-sized photograph of the applicant that provides a clear, accurate
------------------likeness of the applicant;
------------------(B) current proof of identity of the licensed individual; and
------------------(C) the address of the licensed individual.
------------(3) REGULATIONS GOVERNING SUBMISSION - The Attorney General shall promulgate
------------regulations specifying procedures for the submission of applications under this subsection.
------(b) Issuance of Renewed License - Upon approval of an application submitted under subsection (a) of
------this section, the Attorney General shall issue a renewal license, which shall meet the requirements of
------section 103(c), except that the license shall include the current photograph and address of the licensed
------individual, as provided in the application submitted under this section, and the expiration date of the
------renewal license, as provided in section 103(c)(5).
45 - If you submit to unreasonable license requirements, you may be giving up your Constitutional Rights to keep and bear arms and giving that to the licensing power. What the government licenses it also controls. If government can give you a license, it can also deny you a license and use any excuse to do it!

Section 105. REVOCATION OF LICENSE.
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------(a) In General - If an individual to whom a license has been issued under this title subsequently becomes a
------person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from
------receiving a firearm --
------------(1) the license is revoked; and
------------(2) the individual shall promptly return the license to the Attorney General.
------(b) Administrative Action - Upon receipt by the Attorney General of notice that an individual to whom a
------license has been issued under this title has become a person described in subsection (a), the Attorney
------General shall ensure that the individual promptly returns the license to the Attorney General.
47 - Once you lose the license you lose the right to keep and bear arms. Better to rely on your Constitutional right to keep and bear arms. There is no fee. There is no time limitation. A right is better than a license. Would you rather have licensed rights or unencumbered, unchallenged rights? To challenge your right to arms is to challenge your right to Self Defense.

TITLE II -- RECORD OF SALE OR TRANSFER
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Section 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.
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------Section 922 of title 18, United States Code, as amended by section 101 of this Act, is amended by
------adding at the end the following:
------'(bb) Unauthorized Sale or Transfer of a Qualifying Firearm -- It shall be unlawful for any person to sell,
------deliver, or otherwise transfer a qualifying firearm to, or for, any person who is not a licensed importer,
------licensed manufacturer, licensed dealer, or licensed collector, or to receive a qualifying firearm from a
------person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector,
------unless, at the time and place of the transfer or receipt --
------------'(1) the transferee presents to a licensed dealer a valid firearm license issued to the transferee --
------------------'(A) under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2009; or
------------------'(B) pursuant to a State firearm licensing and record of sale system certified under section
------------------602 of Blair Holt's Firearms Licensing and Record of Sale Act of 2009 established by the
------------------State in which the transfer or receipt occurs;
------------'(2) the licensed dealer contacts the Attorney General or the head of the State agency that
------------administers the certified system described in paragarph (1)(B), as applicable, and receives notice
------------that the transferee has been issued a firearm license described in paragraph (1) and that the license
------------remains valid; and
------------'(3) the licensed dealer records on a document (which, in the case of a sale, shall be the sales
------------receipt) a tracking authorization number provided by the Attorney General or the head of the State
------------agency, as applicable, as evidence that the licensed dealer has verified the validity of the license.'.
54 - What government controls the use of it owns. That your is gun is not yours is observed by the rights you have to buy or sell your own property. If you do not follow the regulations the government will confiscate (steal) your property. Who is the criminal here?

Section 202. FIREARM RECORDS.
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------(a) Submission of Sale or Transfer Reports - Not later than 14 days after the date on which the transfer
------of qualifying firearm is processed by a licensed dealer under section 922(bb) of title 18, United States
------Code (as added by section 201 of this Act), the licensed dealer shall submit to the Attorney General (or,
------in the case of a licensed dealer located in a State that has a State firearm licensing and record of sale
------system certified under section 602 of this Act, to the head of the State agency that administers that
------system) a report of that transfer, which shall include information relating to --
------------(1) the manufacture of the firearm;
------------(2) the model name or number of the firearm;
------------(3) the serial number of the firearm;
------------(4) the date on which the firearm was received by the transferee;
------------(5) the number of a valid firearm license issued to the transferee under title I of this Act; and
------------(6) the name and address of the individual who transferred the firearm to the transferee.
------(b) Federal Record of Sale System - Not later than 9 months after the date of the enactment of this Act,
------the Attorney General shall establish and maintain a Federal record of sale system, which shall include the
------information included in each report submitted to the Attorney General under subsection (a).
------(c) Elimination of Prohibition on Establishment of System of Registration - Section 926(a) of title 18,
------United States Code, is amended by striking the second sentence.
59 - In every country engulfed by tyranny, whether facist or communist, the government first must identify all firearms and then all firearm owners. It makes it easier to round everything up when the moment comes to enforce the tyrant's will and to inaugurate the police state. Don't make it easy for them!
During WWII a german commander was talking to a swiss commander at a cafe in Switzerland. The german asked, "What will you do if Germany invades Switzerland and we have a numerical superiority of two soldiers to every one of yours?" The swiss commander replied, "Then we will have to order every Swiss soldier to shoot twice!"

TITLE III -- ADDITIONAL PROHIBITIONS
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Section 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.
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------Section 922 of title 18, United States Code, as amended by sections 101 and 201 of this Act, is
------amended by adding at the end the following:
------'(cc) Universal Background Check Requirement-
------------'(1) REQUIREMENT - Except as provided in paragraph (2), it shall be unlawfull for any person
------------other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell,
------------deliver, or otherwise transfer a firearm to any person other than such a licensee, unless the transfer
------------is processed through a licensed dealer in accordance with subsection (t).
------------'(2) EXECPTION - Paragraph (1) shall not apply to the infrequent transfer of a firearm by gift,
------------bequest, interstate succession or other means by an individual to a parent, child, grandparent, or
------------grandchild of the individual, or to any loan of a firearm for any lawful purpose for not more than 30
------------days between persons who are personally known to each other.'.
62 - Universal background checks may catch a criminal, but it always violates the Constitutional right of the citizen to be secure in his person and papers from unreasonable search and seizure. It's called privacy!

Section 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.
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------Section 922 of title 18, United States Code, as amended by sections 101, 201, and 301 of this Act, is
------amended by adding at the end the following:
------'(dd) Failure to Maintain or Permit Inspection of Records - It shall be unlawful for a licensed
------manufacturer or a licensed dealer to fail to comply with section 202 of Blair Holt's Handgun Licensing
------and Record of Sale Act of 2009, or to maintain such records or supply such information as the Attorney
------General may require in order to ascertain compliance with such Act and the regulations and orders issued
------under such Act.'.
64 - At what point does a firearms businessman decide he has too much paperwork to deal with? At the moment he decides he is fed up and is going to quit the business and retire to go fishing. Of course the Brady Bunch rejoices every time such a businessman is discouraged. The Anti-gun people would rather sue all firearms manufacturers and dealers out of business. Both the Tiahrt Amendment and S.397.ENR would be made null and void if H.R. 45 is passed. (See the Tiahrt Amendment for privacy in gun checks. See also S.397.ENR to end frivolous lawsuits against gun manufacturers arising from third party criminal actions or negligence.)

Section 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.
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------Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, and 302 of this Act,
------is amended by adding at the end the following:
------'(ee) Failure to Report Loss or Theft of Firearm - It shall be unlawful for any person who owns a
------qualifying firearm to fail to report the loss or theft of the firearm to the Attorney General within 72 hours
------after the loss or theft is discovered.'.
66 - Instead of being a victim of the crime, you now become the criminal if you do not report a theft of your firearm withing 72 hours after the loss or theft is discovered.

Section 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.
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------Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, and 303 of
------this Act,is amended by adding at the end the following:
------'(ff) Failure to Provide Notice of Change of Address - It shall be unlawful for any individual to whom a
------firearm license has been issued under title I of Blair Holt's Firearm Licensing and Record of Sale Act of
------2009 to fail to report to the Attorney General a change in the address of that individual within 60 days of
------that change of address.'.
68 - If you have been issued a firearm license, the government wants to know when you leave town. If you fail to report a change of address you are in violation of probation. The government wants you to know you are going to be treated like a criminal if you own a firearm.

Section 305. CHILD ACCESS PREVENTION.
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------Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, 303, and 304
------of this Act,is amended by adding at the end the following:
------'(gg) Child Access Prevention:
------------'(1) DEFINITION OF CHILD - In this submission, the term 'child' means an individual who has
------------not attained the age of 18 years.
------------'(2) PROHIBITION AND PENALTIES - Except as provided in paragraph (3), it shall be
------------unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the
------------firearm, any 1 of which has been shipped or transported in interstate or foreign commerce, within
------------any premises that is under the custody or control of that person, if --
------------------'(A) that person --
------------------------'(i) knows, or recklessly disregards the risk, that a child is cabable of gaining access to
------------------------the firearm; and
------------------------'(ii)either --
------------------------------'(I) knows, or recklessly disregards the risk, that a child will use the firearm to
------------------------------cause the death of, or serious bodily injury (as defined in section 1365 of this
------------------------------title) to, the child or any other person; or
------------------------------'(II) knows, or reasonably should know, that possession of the firearm by a child
------------------------------is unlawful under Federal or State law; and
------------------'(B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily
------------------injury to, the child or any other person.
------------'(3) EXCEPTIONS - Paragraph (2) shall not apply if --
------------------'(A) at the time the child obained access, the firearm was secured with a secure gun storage
------------------or safety device;
------------------'(B) the person is a peace officer, a member of the Armed Forces, or a member of the
------------------National Guard, and the child obtains the firearm during, or incidental to, the performance of
------------------the official duties of the person in that capacity;
------------------'(C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other
------------------persons; or
------------------'(D) the person has no reasonable expectation, based on objective facts and circumstances,
------------------that a child is likely to be present on the premises on which the firearm is kept.'.
84 - Any one under the age of 18 is treated like a child and cannot be allowed to "play" with firearms. How old were you when you got your first .22? Did your parents treat you like a child when you were 17? Say, isn't 18 the age when you are allowed to vote? How is it that you can magically become an adult when 18 and be trusted to vote while under that age you are considered a child? How many children do we have in the military today that are under 18? How is it that a child under the age of 18 can lawfully use a firearm in the act of self-defense of that child or other persons, yet cannot be allowed to "play" with them? If the "child" knows enough to properly use a firearm in self defense that would indicate the child had previous training with firearms wouldn't it? Wouldn't it be wiser to train the "child" in the proper use of a firearm when the parents think that child is now showing adult responsibilities? Aren't these legislators admiting that the demarcation age between child and adult is arbitraty? Are these legislators proper judges of what is "adult" conduct? Hmmm!

TITLE IV -- ENFORCEMENT
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Section 401. CRIMINAL PENALTIES.
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------(a) Failure To Possess Firearm License; Failure To Comply With Qualifying Firearm Sale or Transfer
------Requirements; Failure to Maintain or Permit Inspection of Records - Section 924(a) of title 18, United
------States Code, is amended by adding at the end the following:
------'(8) Whoever knowingly violates subsection (aa), (bb), or (dd) or section 922 shall be fined under this
------title, imprisoned not more than 2 years, or both.'.
------(b) Failure to Comply With Universal Background Checks; Failure To Timely Report Loss or Theft of a
------Qualifying Firearm; Failure to Provide Notice of Change of Address - Section 924(a)(5) of such title is
------amended by striking '(s) or (t)' and inserting '(t), (cc), (ee), or (ff)'.
------(c) Child Access Prevention - Section 924(a) of such title, as amended by subsection (a) of this section,
------is amended by adding at the end the following:
------'(9) Whoever violates section 105(a)(2) of Blair Holt's Handgun Licensing and Record of Sale Act of
------2009, knowingly or having reason to believe that the person is prohibited by subsection (g) or (n) of
------section 922 of title 18, United States Code, from receiving a firearm, shall be fined under this title,
------imprisoned not more than 10 years, or both.
------'(10) Whoever violates section 922(gg) shall be fined under this title, imprisoned not more than 5 years,
------or both.'.
92 - It's a value choice. Would you rather loose your right to keep and bear arms by violating the license and spending 2 years in prison or would you rather retain your right to keep and bear arms, by fighting the infringement? Assuming you're not already a felon, you would be if you violated the regulations. Does that make you eligible for 10 years instead of 2? Obviously, further research is necessary for the answer. As to the fines...government is already fining you by eroding your savings and earnings by cranking up the printing presses and flooding the country with "funny money." The Constitution says that only gold and silver are legal tender. If you or I would start printing money we would be labeled counterfeiters. So who's the real criminal here?

Section 402. REGULATIONS.
93

------(a) In General - The Attorney General shall issue regulations governing the licensing of possesssors of
------qualifying firearms and the recorded sale of qualifying firearms, consistent with this Act and the
------amendments made by this Act, as the Attorney General determines to be reasonably necessary to reduce ------or prevent deaths or injuries resulting from qualifying firearms, and to assist law enforcement in the
------apprehension of owners or users of qualifying firearms used in criminal activity.
------(b) Maximun Interval Between Issuance of Proposed and Final Regulation - Not later than 120 days after
------the date on which the Attorney General issues a proposed regulation under subsection (a) with respect
------to a matter, the Attorney General shall issue a final regulation with respect to the matter.
95

Section 403. INSPECTIONS.
96

------In order to ascertain compliance with this Act, the amendments made by this Act, and the regulations
------and orders issued under this Act, the Attorney General may, during the regular business hours, enter
------any place in which firearms or firearm products are manufactured, stored, or held, for distribution in
------commerce, and inspect those areas where the products are so manufactured, stored, or held.
97 - What a difference this is from the Constitution. Government officials may only enter private property under the Constitution if they are looking for contraband or stolen items. The items they are looking for must be named in the search warrant and the search warrant must be properly issued by a judge. By contrast this becomes a fishing expidition to find any excuse to shut down the firearms business.

Section 404. ORDERS.
98

------The Attorney General may issue an order prohibiting the sale or transfer of any firearm that the Attorney
------General finds has been transferred or distributed in violation of this Act, an amendment made by this Act,
------or a regulation issued under this Act.
99 - Issuing orders prohibiting the sale or transfer of firearms for a fishing trip violation is more severe than a fine. It effectivey shuts down the firearms business and puts the owners out on the street. But that is the purpose of this whole exercise.

Section 405. INJUNCTIVE ENFORCEMENT.
100

------The Attorney General may bring an action to restrain any violation of this Act or an amendment made by
------this Act in the district court of the United States for any district in which the violation has incurred, or in
------which the defendant is found or transacts business.
101

TITLE V -- FIREARM INJURY INFORMATION AND RESEARCH
102

Section 501. DUTIES OF THE ATTORNEY GENERAL.
103

------(a) In General - The Attorney General shall --
------------(1) establish and maintain a firearm injury information clearinghouse to collect, investigate, analyze,
------------and disseminate data and information relating to the causes and prevention of death and injury
------------associated with firearms;
------------(2) conduct continuing studies and investigations of firearm-related deaths and injuries; and
------------(3) collect and maintain current production and sales figures for each licensed manufacturer.
------(b) Availability of Information - Periodically, but not less frequently than annually, the Attorney General
------shall report to the Congress and make available to the public, a report on the activities of the Attorney
------General under subsection (a).
108 - What a grand propaganda scheme this is. The very people who in charge of licensing and punishment for violations of regulations regarding same are now to keep records on firearm deaths? The better to shut you down and leave you defenseless, my dear. Does the fox guarding the chicken house analogy apply here?

TITLE VI - EFFECT ON STATE LAW
109

Section 601. EFFECT ON STATE LAW.
110

------(a) In General - This Act and the amendments made by this Act may not be construed to preempt any
------provision of the law of any State or political subdivision of that State, or prevent a State or political
------subdivision of that State from enacting any provision of law regulating or prohibiting conduct with
------respect to firearms, except to the extent that the provision of law is inconsistent with any provision of
------this Act or an amendment made by this Act, and then only to the extent of the inconsistency.
------(b) Rule of Intreptation - A provision of State law is not inconsistent with this Act or an amendment
------made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of
------greater severity than a corresponding prohibition or penalty imposed by this Act or an amendment made
------by this Act.
112 - The federal government in H.R. 45 tells the state government that it can impose penalties and restrictions that are more severe than the federal, but may not impose restrictions that are less severe. There are now 21 state governments that are telling the federal government "hands off" our legislative jurisdiction as sovereign states. They are warning the feds not to deny the Second Amendment rights of the U.S. Constitution, which are reflected in their own State Constitutions. Twenty-one states so far have either introduced resolutions declaring state sovereignty, under the 9th and 10th Amendments or are about to do so. The states are: Arizona, Hawaii, Montana, Michigan, Missouri, Oklahoma, Texas, Washington, Pennsylvania, Maine, Nevada, Kansas, Indiana, Idaho, Georgia, Colorado, California, Arkansas, Alabama, Alaska, and New Hampshire.

Section 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE FIREARM RECORD OF SALE SYSTEMS.
113

------Upon a written request of the chief executive officer of a State, the Attorney General may certify --
------------(1) a firearm licensing sytem established by a State, if State law requires the system to satisfy
------------the requirements applicable to the Federal firearm licensing system established under title 1; or
------------(2) a firearm record of sale system established by a State, if State law requires the head of the
------------State agency that administers the system to submit to the Federal firearm record of sale system
------------established under section 202(b) a copy of each report submitted to the head of the agency under
------------section 202(a), within 7 days after receipt of the report.
116

TITLE VII -- RELATIONSHIP TO OTHER LAW
117

Section 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.
118

------In the event of any conflict between any provision of this Act or an amendment made by this Act, and
------any provision of the Arms Export Control Act (22 U.S.C. 2751), the provision of the Arms Export
------Control Act shall control.
119 - The Arms Export Control Act as of Jan. 24, 2002 can be found at http://law.justia.com/us/codes/title22/22usc2751.html
This the Act that is identified as the "controlling" law over H.R. 45. It defines United States policy regarding Weapons of Mass Destruction as well as Small Arms sales. Arms sales policy was declared by Congress in the Arms Control and Disarmament Act.
Congress also set up an Arms Control and Disarmament Agency with its own director to pursue the security objectives of the United States and of the purposes and principles of the United Nations Charter. The U.N. Charter has as one of its objectives
the complete disarmament of all citizens of the nations of the world with small arms only in the hands of the police or other
United Nations peacekeeping forces. H.R. 45 does not appeal to the United States Constitution as the "controlling" or "supreme Law of the Land" as we have been used to thinking of that document which founded our nation. It instead recognizes the United Nations as holding the guiding "purposes and principles."
H.R. 45 is appropriately numbered. It will "shoot down" your Second Amendment Rights. If it does Cal. 45 will become only a memory to private citizens. If you are not ready to give up your right to self defense guaranteed by the Second Amendment to the Constitution you need to expose H.R. 45 for the traitorous and unconstitutional bill that it is.

TITLE VIII -- INAPPLICABILITY
120

Section 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.
121

------This Act and the amendments made by this Act shall not apply to any department or agency of the United
------States, of a State, or of a political subdivision of a State, or to any official conduct of any officer
------or employee of such a department or agency.
122

TITLE IX -- EFFECTIVE DATE
123

Section 901. EFFECTIVE DATE OF AMENDMENTS.
124

------The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.
125

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130

Wayne LaPierre, Executive Vice President of the National Rifle Association.
131

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