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Real World Graduation, Question 91: Legal Exemptions « EDDuvall.com

Real World Graduation, Question 91: Legal Exemptions

RealWorldGraduation_Question_91_Legal_Exemptions   <– PDF

A Bill was introduced in House of Representatives during the 111th Congress (2009-2010) called H. R. 45 (6 Jan 2009), named “The Blair Holt’s Firearm Licensing and Record of Sale Act of 2009”. The bill, if passed into law, would require

1) Every person to obtain a federal license to buy, sell, or possess any firearm;

2) All persons who owned a firearm prior to enactment of the law to obtain a license for those firearms;

3) Each person to apply for renewal of the license every five years;

4) Payment of a fee to obtain the license;

5) All firearm sales to be permanently recorded in a federal database;

6) All persons seeking to buy or possess a firearm to submit to a background check;

7) A possessor to report theft or loss of a firearm to federal authorities within 72 hours;

8) Secure storage of all firearms such that persons under age 18 cannot access them;

9) Firearms owners to permit the federal government to search without warrants any facility where firearms are stored, manufactured, or held;

10) Persons seeking a license to pass an examination on handling, use, and storage of firearms; and

11) Imposition of various penalties for violations of any of the foregoing.

However, Section 801, called “Inapplicability to Governmental Authorities”, states:

“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”.

One of the stated justifications for the bill is “to protect the public against unreasonable risk of injury and death associated with the unrecorded sale or transfer of qualifying firearms to criminals and youth”.

Why is it necessary to exempt every level of the government and their employees from this Act?

a) Requiring government agencies and their employees to comply with this Act would reduce their efficiency.

b) Requiring government agencies and their employees to comply with this Act would cost too much money that could be devoted to more important objectives.

c) Requiring government agencies and their employees to comply with this Act would cause unnecessary confusion over which agency is to defer to which other agency.

d) Requiring government agencies and their employees to comply with this Act would interfere with the powers of the governments under the respective Constitutions.

e) All of the above.

(The answer is on p. 2 of the PDF.)

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