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Public Safety and Second Amendment Rights Protection Act

Public Safety and Second Amendment Rights Protection Act

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Published by tmurse
U.S. Sen. Pat Toomey brokered a bipartisan deal on a measure to expand background checks for gun buyers.
U.S. Sen. Pat Toomey brokered a bipartisan deal on a measure to expand background checks for gun buyers.

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Published by: tmurse on Apr 10, 2013
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10/30/2013

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The Public Safety and Second Amendment Rights Protection ActSens. Joe Manchin and Pat ToomeyBottom Line:
The Public Safety and Second Amendment Rights Protection Actwould require states and the federal government to send all necessary records oncriminals and the violently mentally ill to the National Instant Criminal BackgroundCheck System (NICS). The bill extends the existing background check system to gunshows and online sales.The bill explicitly bans the federal government from creating a national firearmsregistry, and imposes serious criminal penalties (a felony with up to 15 years in prison) on any person who misuses or illegally retains firearms records.
T
ITLE ONE
: G
ETTING ALL THE
N
AMES OF PROHIBITED PURCHASERS INTO THE
B
ACKGROUND
C
HECK 
S
YSTEM
 Summary of Title I:
This section improves background checks for firearms bystrengthening the instant check system.
 
Encourage states to provide all their available records to NICS by restrictingfederal funds to states who do not comply.
 
Allow dealers to voluntarily use the NICS database to run background checks ontheir prospective employees
 
Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).
 
Provides a legal process for a veteran to contest his/her placement in NICS whenthere is no basis for barring the right to own a firearm.
 T
ITLE
T
WO
:
 
EQUIRING
B
ACKGROUND
C
HECKS
F
OR 
F
IREARM
S
ALES
 Summary of Title II:
This section of the bill requires background checks for sales atgun shows and online while securing certain aspects of 2
nd
Amendment rights for lawabiding citizens.
 
2
 
Closes the gun show and other loopholes while exempting temporary transfers andtransfers between family members.
 
Fixes interstate travel laws for sportsmen who transport their firearms across statelines in a responsib
le manner. The term “transport”
includes staying in temporarylodging overnight, stopping for food, buying fuel, vehicle maintenance, andmedical treatment.
 
Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatmentgun dealers receive now.
 
Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.
 
Requires that if a background check at a gun show does not result in a definitiveresponse from NICS within 48 hours, the sale may proceed. After four years, whenthe NICS improvements are completed, the background check would clear in 24hours. Current law is three business days.
 
Requires the FBI to give priority to finalizing background checks at gun showsover checks at store front dealerships.
 
Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.
 
Permits interstate handgun sales from dealers.
 
Allows active military to buy firearms in their home states.
 
Family transfers and some private sales (friends, neighbors, other individuals) areexempt from background checks

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