Details

• Sponsor - Paul
• Proposed - April 19, 2005
• Congressional Record Link - HR1703
• Amends - None.
• Amendments - None
• Vote - None yet.
• Results - No change in law.

Status

April 19, 2005 - Referred to the House Ways and Means and the House Judiciary committees.

Synopsis

The effect of this law is as follows:

• Section 2
  Repeals the 1993 Brady Bill which implemented the National Instant Check System. (Public Law 103-159)
  
  
  
• Section 3
  1. Section 5845(f) of the Internal Revenue Service Code is the section of code implements the taxes on NFA weapons. It is in TITLE 26 > Subtitle E > CHAPTER 53 > Subchapter B > PART I of the US Code and provides definitions for all sections of Chapter 53. The update removes all rifles and shotguns from the destructive device definitions. In practice, cylinder fed shotguns would no longer be NFA weapons. Previously the Attorney General could declare a shotgun or rifle as not particularly suited for sporting purposes and they would be declared a 'destructive device' and become an NFA controlled weapon.
  2. TITLE 18 > PART I > CHAPTER 44 is the US Code that defines all non-NFA firearms code. Section 921 of Title 18 provides the definitions for Chapter 44 of which Section 921 is a part. The definition change for Section 921(a)(4)(B) removes all shotguns and rifles from the definition of destructive devices.
  3. The change to Section 921(a)(4) also removes all rifles and shotguns from the definition of destructive devices.
  4. Section 921(a)(17) defines armor piercing ammunition. This update removes all shotgun shot ammunition from possible definition as being armor piercing.
  5. Section 923(j) defines what kind of organization can sponsor a gun show. This change removes the requirement that the organization be somehow firearm related.
  6. Section 922(r) limits importation of firearms to those that pass a sporting purpose test. The test is removed.
  7. Section 925 defines exceptions to what has preceded it. Specifically, Section 925(a)(3) allows license holders to ship arms and ammunition directly to active duty members of the armed forces. The test for sporting purposes is removed.
  8. Section 925(a)(4) allows license holders to directly ship to active duty armed forces members. This update removes the sporting purpose or war souvenir tests.
  9. The update to Section 925(d)(3) allows importation of firearms without the sporting purpose test. This change would permit these firearms to be sold directly without parts replacement with domestic parts.
  10. Section 925(e)(2) allows importation of handguns listed as curios and relics. The sporting use test is removed.
  11. This change updates three areas of code.
      1. The first removes the sporting use requirement for loaned or rental firearms. Right now it appears that it is a violation of federal law to loan a firearm for personal protection.
      2. The second removed the sporting use requirement for licensees.
      3. The final change removed the sporting use requirement for temporary loan or rental of firearms.

Analysis

The majority of this bill removes the discretionary power of the Attorney General. In removing sporting clauses from federal code, it accents the fact that the Second Amendment has nothing to do with sports.

Power over our Second Amendment rights should never been put in the hands of a political appointee.

This bill is not just an empty statement of support for the Constitution. It has real implications to dismantle existing gun law.

July 13, 2005 - The ATF is changing the way they interpret the 'sporting clause' sections of code. Check out http://www.atf.gov/firearms/071305openletter.htm. This action is exactly why HR1703 is needed.

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