Details

• Sponsor - Sensenbrenner
• Proposed - April 6, 2005
• Congressional Record Link - HR1528
• Amends - Section 994 of title 28, United States Code
• Amendments - None.
• Vote - None yet.
• Results - No change in law.

Status

April 6, 2005 - House Energy and Commerce and House Judiciary committees.

April 11, 2005 - Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. (from the Judiciary)

April 12, 2005 - Forwarded by Subcommittee to Full Judiciary Committee by the Yeas and Nays: 6 - 1.

April 22, 2005 - Referred to the Subcommittee on Health (from the Energy and Commerce committee).

Synopsis

Does many things, but the part we are concerned with increases penalties for crimes committed while owning a firearm.

Analysis

First, a full treatment of this bill can be found at H.R. 1528: A Threat to Gun Owners, Families and Privacy by Mike Krause and David Kopel.

The short story is that this bill increases criminal penalties for crimes and the mere possession of a firearm. The crime does not have to be violent and the firearm does not even have to be used in the crime for the penalty increase to occur. As a matter of fact, the gun may be locked in a safe during the crime.

There is a second penalty enhancement when a minor is in the house where the gun is stored.

Bankruptcy fraud is one example used by Krause and Kopel.

We at Gun Law News are against crime in all of its forms. We are also for the widespread, civilian ownership of firearms in all of their varieties. We believe that criminal penalties should be imposed for criminal acts. The mere possession of a firearm by a non-prohibited person is not a crime and should not incur criminal penalties.

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