New York – -(AmmoLand.com)-There is bad legislation intended to harm our rights. That sort of legislation, like, say, banning and buying back modern multi-purpose semi-automatic rifles, is easy to decide to oppose, and easy to call what it is. Other laws can be bad because they address a problem in a manner that infringes on our rights rather than use existing laws on the books. See various gun trafficking laws, like the Prevent Gun Trafficking Act, for cases in point.
Some, though, don’t really seem to do anything. One such bill is HR 49, the Accidental Firearms Transfers Reporting Act, introduced by Representative Sheila Jackson Lee (D-TX). Representative Jackson Lee has introduced a number of anti-Second Amendment bills, including a package of three bills in response to the Santa Fe High School shooting (HR 4080, HR 4081, and HR 4082) that targeted our rights.
First of all, the title of the bill is a very clumsy piece of anti-Second Amendment propaganda.
By claiming some transfers are “accidental,” Representative Jackson Lee is trying to make it seem as if these transfers were not intended to happen. That completely misses the point on multiple levels. In a very real sense, no firearms transfer from a federally licensed dealer is accidental.
What the bill requires is no more than a report that lists the number of times when a NICS check goes beyond three business days and the transfer goes ahead. The entire goal is to try and scare Americans into infringing on Second Amendment rights.
As we discussed with the Firearms Due Process Protection Act, when it comes to denying a constitutional right, the government should be bearing the burden of proof. In the case of the National Instant Check System, part of the approach was to say that if a denial did not come within three business days, the transfer could go ahead. Now, this process needs improvements like those in the Firearms Due Process Protection Act.
If you remember our coverage of HR 4081, the Sabika Sheikh Firearm Licensing and Registration Act, you’d know that Representative Jackson Lee has proposed legislation that does the exact opposite of placing the burden of proof on the government. This is a good reason not to give this bill the benefit of the doubt.
Given that this bill is intended to create “data” for anti-Second Amendment propaganda, Second Amendment supporters need to contact their Senators and Representative and urge them to oppose HR 49.