More on the Bureau of Alcohol, Tobacco, Firearms, and Explosives Modernization and Reform Act of 2006

Reader beerslurpy comments:

Oh my god I cant beleive how this crap has spread everywhere. THIS BILL DOES NOT DO WHAT YOU SAY IT DOES. You have all been deceived.

If you analyze the text of the bill (which I did on thehighroad.org legal and politics section) you will see that this is basically a bill exempting federal security contractors (blackwater etc) from most of the NFA regulations including the 86 ban. Everything else is just recodification of things that are already law. This will CHANGE NOTHING AT ALL FOR US. Every single one of the “reforms” was already implemented earlier in appropriations bills. The huge change which no one mentions is the fact that the government can now equip and use mercenaries inside the US without obeying federal or state gun control laws. This is huge.

HR5005 IS A VERY BAD BILL. Please stop promoting it. Ask for real reform or nothing.

I concur on real reform being needed but don’t really see why this bill is bad, per se. Anyone?

Posted in uncategorized on April 5th, 2006 by SayUncle | RSS 2.0 |

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beerslurpy Says:
April 5th, 2006 at 9:35 am

Go Title 18 Chapter 44 in one browser window. Cornell law has an excellent site you can find through google.
Go to HR5005 in another browser window. Thomas.gov has an excellent search engine that will find the bill in seconds.

Cut and paste the affected sections of Title 18 into Word and then modify them as HR5005 does.

If you are going to support a bill, understand what it does.

Standard Mischief Says:
April 5th, 2006 at 10:08 am

Don’t search for H.R, 5005 in google, back in 2002 it was a homeland securety bill. Try Google news.

NRA link: Friday, March 31, 2006 – http://www.nraila.org/CurrentLegislation/Read.aspx?ID=2104

“Anti-gun advocates have gone through the roof over one provision of H.R. 5005: a section that prohibits disclosure of firearms trace data outside of law enforcement investigations. That language simply makes permanent a policy that Congress has enacted through annual appropriations riders for the past several years. “

OK, so the brady bunch does not like it. Don’t automatically have a knee-jerk pro-RKBA reaction. (beerslurpy, suggestion, do what you say above in MS Word and then post it, either on the High Road or here, or I’ll stick it on my blog. Just strike through the corrections that get removed and add in the corrections in bold. I can convert to HTML for you in Open Office, if needed.)

Thomas Permlink for the bill (I have to learn how they did this): http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5005:

This is not a monster of a law here, it’s only 1500 or so words.

beerslurpy, from the thread : “…meaning that…. Security contractors working for the feds can receive Post 86 MGs as long as they can pass NICS. What I really wonder about here is whether those MGs would then become transferable MGs. I’m guessing no, since any other civilian transferee wouldn’t possibly fit under any exemptions except 922(o)(E) and the MG wouldn’t have been owned before the date of the enactment of that section. If you count the passage of this bill as the “enactment of this section” all MGs from 86 to 2006 become transferable. Unfortunately, if you count the section as having been enacted in 86, the ban stays. But congress could have specified a date, couldn’t they?…” (Edit: minor spell check by SM)

If his analyst is correct, it means that private mercenaries that are hand picked by the Overlords don’t have to go through BATF hoops and pay BATF taxes to buy class 3 weapons on the (overpriced) open market. They get to skip all that. Look the only reason class 3 stuff is through the roof pricewise is because of Overload BS laws.

This gives special privileges to corporate personhood thingys. This keeps the Class 3 market for us serfs right where it was, artificial scarcity and nose-bleed prices (plus a BAFTE anal-probe/background check).

Sebastian Says:
April 5th, 2006 at 10:24 am

I think the all or nothing approach is a great way to make sure we never get anywhere. We didn’t lose our rights overnight, and we won’t get them back overnight either. I think this bill is still a step in the right direction.

Standard Mischief Says:
April 5th, 2006 at 10:37 am

Sebastian: can we get a better deal? Let us serfs buy post ‘ 85 BAFTE with a anal-probe/background check, while letting the blackwater mercs get them with just a NICS check?

You may be right though, lt might be a step in the right direction.

cube Says:
April 5th, 2006 at 11:48 am

How do you start your own merc club. I would be willing to join if i could skirt the 86 law.

I somehow think that blackwater and the like were already getting around the 86 law somehow.

Standard Mischief Says:
April 5th, 2006 at 2:29 pm

cube Says: How do you start your own merc club. I would be willing to join if i could skirt the 86 law.

I somehow think that blackwater and the like were already getting around the 86 law somehow.

You and I don’t have near the amount of money to pay a lobbyist to even get a toe in the door here.

I’ll quote part of it, the language is pretty clear, heck the title is pretty clear, check the title on olde section three here:

SEC. 3. POSSESSION AND TRANSFER OF MACHINEGUNS FOR INDUSTRY TESTING AND SECURITY CONTRACTING.
(a) Machineguns for Federal Contractors- Section 922(a)(4) of title 18, United States Code, is amended by striking `except’ and all that follows and inserting `except–
`(A) as specifically authorized by the Attorney General consistent with public safety and necessity; or
`(B) to comply with a contract between any person and the United States which requires that person to provide national security services for the United States or any training related to such services;’.
(b) Sale or Delivery of Machineguns to Federal Contractors- Section 922(b) of such title is amended by adding at the end the following: `Paragraphs (2) and (4) of this subsection shall not apply to a sale or delivery to comply with a contract between any person and the United States which requires that person to provide national security services for the United States or any training related to the services.’.
(c) Post-86 Machineguns for Testing, Research and Development, Training, and Security- Section 922(o) of such title is amended–
(1) in paragraph (2)–
(A) by striking `or’ at the end of subparagraph (A); and
(B) by redesignating subparagraph (B) as subparagraph (E) and inserting after subparagraph (A) the following:
`(B) a transfer to, or possession by, a person to comply with a contract between that person and the United States which requires the person to provide national security services for the United States or any training related to the services;
`(C) a transfer to, or possession by, a licensed manufacturer or licensed importer solely for testing, research, design, or development of ammunition or a firearm;
`(D) a possession by a licensed manufacturer or licensed importer for the purposes of training persons to whom a machinegun, manufactured or imported by the licensee, may be transferred as described in subparagraph (A) or (B); or’; and
(2) by adding at the end the following:
`(3) A person shall not transfer a machinegun to another person in the circumstances described in paragraph (2)(B) of this subsection, unless the Attorney General has notified the person that the Attorney General has determined, based on the fingerprints of such other person and on information in the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, that such other person is not prohibited from possessing or receiving a firearm under Federal or State law.’.
(d) Importation of Machineguns- Section 925(d) of such title is amended–
(1) in paragraph (3), by striking `or’ at the end;
(2) in paragraph (4), by striking the period and inserting `; or’; and
(3) by inserting after paragraph (4) the following:
`(5) is imported or brought in for a purpose described in subparagraph (B), (C), or (D) of section 922(o)(2).’.
(e) Importation Under the National Firearms Act- Section 5844 of the National Firearms Act (26 U.S.C. 5844) is amended–
(1) in paragraph (3), by inserting `or’ after the semicolon; and
(2) by inserting after paragraph (3) the following:
`(4) a machinegun being imported or brought in to comply with a contract between any person and the United States which requires the person to provide national security services for the United States or any training related to the services; or
`(5) a machinegun being imported or brought in by a registered importer or registered manufacturer for the purposes of training persons who acquire machineguns pursuant to paragraph (1) that were manufactured or imported by the registrant.’.
(f) National Security Services Defined- Section 921(a) of such title is amended by adding at the end the following:
`(36) The term `national security services’ means any protective, defensive, or security service provided pursuant to a contract or subcontract with a department or agency of the United States.’.
(g) Effective Date- The amendments made by this section shall take effect after the 180-day period that begins with the date of the enactment of this Act.

Standard Mischief » Blog Archive » Since we are talking about revising laws… Says:
April 5th, 2006 at 6:57 pm

[…] Since we are talking about revising laws… […]

beerslurpy Says:
April 5th, 2006 at 8:49 pm

Sorry guys, I was at work all day. I’ll do that MSWord thing I mentioned. I might still have a copy of the one I used to make the analysis summary.

The this bill doesnt favor “corporate personhood thingees” because such things are trivial to make. For example, I am forming a trust right now for a suppressor transfer and a sizeable portion of NFA owners do similar things like form LLCs, S-Corps etc. All of it is very affordable, even for the average joe. No one can deny you the right to form an artificial person. If only circumventing the 86 ban were this easy.

The main problem with this new “security contractor” system are that it is shall issue- if you arent connected to the establishment, good luck getting favored with one of these “reach into the goody-bag” contracts. It seems like the government giving itself a reward to be able to pick and choose who gets to partake of the right to keep and bear arms.

Standard Mischief Says:
April 5th, 2006 at 10:16 pm

Ok, yea, it doesn’t favor “corporate personhood thingys” , but it favors well connected, lobbyist enhanced, “corporate personhood thingys” ðŸ˜‰

I was hoping you kept a copy, I didn’t want to repeat work.

beerslurpy Says:
April 5th, 2006 at 11:06 pm

Ok, I posted it on THR in a word document.

_Jon Says:
April 6th, 2006 at 12:42 am

If I understand this correctly, there is a further implication.
It would allow ANY federal agency to permit a private organization to be armed with military grade weapons for purposes “national security or training”.

In other words, if the US Army and National Guard can’t / won’t enforce a legislative act, this would allow any government agency to “raise” a private army of their own – not directly controlled by the President or by the purse-strings of the Congress.

Mebbe I mis-read somewhere, but that’s what popped into my head.
“Security Contracting” could just as easily be “Disarm, Intimidate, or Disburse Protesters”.

beerslurpy Says:
April 6th, 2006 at 1:04 am

Yes, that is exactly what the bill does, and probably more we havent thought of. This is a whole nest of snakes.

Which is why we have to stop supporting this bill and start mailing our congresscritters to demand REAL reform instead of a dog and pony show hiding a really evil bill. The ATF abuses uncovered in the hearings were real abuses that need to be corrected. This bill is completely not the answer.

Standard Mischief Says:
April 6th, 2006 at 10:17 am

beerslurpy Says:
Yes, that is exactly what the bill does, and probably more we havent thought of. This is a whole nest of snakes.
Which is why we have to stop supporting this bill and start mailing our congresscritters to demand REAL reform instead of a dog and pony show hiding a really evil bill. The ATF abuses uncovered in the hearings were real abuses that need to be corrected. This bill is completely not the answer.

Naw, screw this freedom stuff, I’m signing up with the DynCorp’s “Dynamos”

Sure it’s a corporate personhood globalist private mercenary army, but think of the fringe benefits: Tax free overseas income, 401k, great health care, fun black rifles, a chance to blow things up, and hey, if I score a rotation in Bosnia, Whores!

ðŸ˜›

Standard Mischief Says:
April 6th, 2006 at 10:19 am

Damn anti-spam, screwing with my snark. Try this:

http://observer.guardian.co.uk/international/story/0,6903,935689,00.html

Standard Mischief Says:
April 6th, 2006 at 10:37 am