Explosive Materials Background Check Act Revealed

Discussion in 'Legal and Activism' started by opaww, May 8, 2013.

  1. opaww

    opaww New Member

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  2. mountainman13

    mountainman13 New Member

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    Oh this is some bs. Damn well better not pass. I'll be sharing this with everyone I know.
    A background check for pressure cookers or immigrants on terror watch lists might be a better idea.
     
    Last edited: May 8, 2013

  3. 7point62

    7point62 Lifetime Supporting Member Lifetime Supporter

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    More backdoor gun control. These gun grabbers are like fireants. You kill one mound and they're popping up somewhere else.
     
  4. bamashooter68

    bamashooter68 Member

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    We as a nation have to really start looking a little more closely to who we are putting in office. Some of these politicians response is not very well thought out to say the least.

    I guess we need to contact our reps and fight off the ignorant so we can keep reloading. Come on man.
     
  5. Millwright

    Millwright New Member

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    I'd say this particular bill is very well thought out. Its "flying under the radar" as an addendum to existing law, but with the vicious and pernicious character of a South American catfish penetrating its victims' nether orifices to devour them from within.

    TBS this parasitic bill only "targets" legitimate sportspersons. It conveniently ignores the established facts the BM perps allegedly salvaged fireworks and kitchen utensils to create "bombs" in favor of persecuting legitimate - and safe - users of small amounts of "explosives". Or that it conflates "deflagrants", like smokeless powders, under the same banner.

    But, then, its been ever such when confronting the "progressive" meme. Facts, data, established science and physics are shouted down, disallowed or denigrated in favor of emotional rhetoric. >MW
     
  6. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    Let's simply ignore that smokeless powder is not an explosive. These DB's continue to rewrite definitions to fit what THEY want.
     
  7. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    I contacted both of my Senators, not that they would support this stupid legislation anyway
     
  8. texaswoodworker

    texaswoodworker New Member

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    Hell no they wouldn't. They actually use their brains. :D
     
  9. fa35jsf

    fa35jsf New Member

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    WTF??? Why am I now starting to hate Washington more and more?
     
  10. nitestalker

    nitestalker New Member

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    You must register to buy Black Powder. This Federal Law has been in place for years. I have never heard of it being used to indict anyone. The Boston Bombers used fireworks and cookware. After Oklahoma City they they wanted to regulate lawn fertilizer. Back in the Prohibition era you had to register to buy bulk sugar. That law is still in effect. I am surprised that Bloomberg has not enforced that one. :p
     
  11. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

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    No amendments and sitting in the Judiciary committee

    Here is S. 792 Explosive Materials Background Check Act (Introduced in Senate - IS)

    http://thomas.loc.gov/cgi-bin/query/z?c113:S.792:

    To strengthen the enforcement of background checks with respect to the use of explosive materials.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `Explosive Materials Background Check Act'.

    SEC. 2. EXPLOSIVE MATERIALS BACKGROUND CHECKS.

    (a) Amendments to Title 18- Chapter 40 of title 18, United States Code, is amended--

    (1) in section 841--

    (A) in subsection (d), by inserting `smokeless powder and black powder substitutes,' after `black powder,'; and

    (B) in subsection (h), by striking `the business of';

    (2) in section 842--

    (A) in subsection (d)--

    (i) in paragraph (9), by striking the period and inserting a semicolon; and

    (ii) inserting at the end the following:

    `(10) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that--

    `(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

    `(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

    `(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;

    `(11) has been convicted in any court of a misdemeanor crime of domestic violence; or

    `(12) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title.'; and

    (B) in subsection (i)--

    (i) in paragraph (7), by inserting a semicolon after `person';

    (ii) inserting at the end the following:

    `(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that--

    `(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

    `(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

    `(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;

    `(9) has been convicted in any court of a misdemeanor crime of domestic violence; or

    `(10) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title.';

    (3) in section 843--

    (A) in subsection (b)--

    (i) by striking `Upon' and inserting `Except as provided in subsection (j), upon';

    (ii) in paragraph (6), by striking `and' after the semicolon;

    (iii) in paragraph (7), by striking the period and inserting `; and'; and

    (iv) by inserting at the end the following:

    `(8) in the case of a limited permit holder, the applicant certifies the permit will only be used to purchase black powder, black powder substitute, and smokeless powder in which case the limitation in paragraph (7) shall not apply.';

    (B) in subsection (d)--

    (i) by inserting `(1)' after `(d)';

    (ii) by striking `if in the opinion' and inserting the following: `if--

    `(A) in the opinion'; and

    (iii) by striking `. The Secretary's action' and inserting the following: `; or

    `(B) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.

    `(2) The Attorney General's action'; and

    (C) in subsection (e)--

    (i) in paragraph (1), by inserting after the first sentence the following: `However, if the denial or revocation is based upon an Attorney General determination under subsection (j) or (d)(1)(B), any information which the Attorney General relied on for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security.'; and

    (ii) in paragraph (2), by adding at the end the following: `In responding to any petition for review of a denial or revocation based upon an Attorney General determination under subsection (j) or (d)(1)(B), the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.';

    (D) in subsection (h)(2)--

    (i) in subparagraph (A), by inserting `or in subsection (j) of this section (on grounds of terrorism)' after `section 842(i)'; and

    (ii) in subparagraph (B)--

    (I) in the matter preceding clause (i), by inserting `or in subsection (j) of this section,' after `section 842(i),'; and

    (II) in clause (ii), by inserting `, except that any information that the Attorney General relied on for a determination pursuant to subsection (j) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security' after `determination' ; and

    (E) by inserting at the end the following:

    `(j) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'; and

    (4) in section 845(a)--

    (A) in paragraph (4), by inserting after `and components thereof' the following: `, except for smokeless powder and black powder substitutes'; and

    (B) in paragraph (5), by striking `black powder in quantities not to exceed fifty pounds,'.

    (b) Guidelines-

    (1) IN GENERAL- The Attorney General shall issue guidelines describing the circumstances under which the Attorney General will exercise the authority and make determinations under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act.

    (2) CONTENTS- The guidelines issued under paragraph (1) shall--

    (A) provide accountability and a basis for monitoring to ensure that the intended goals for, and expected results of, the grant of authority under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act, are being achieved; and

    (B) ensure that terrorist watch list records are used in a manner that safeguards privacy and civil liberties protections, in accordance with requirements outlines in Homeland Security Presidential Directive 11 (dated August 27, 2004).
     
  12. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

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    Another article on the issue. I did not see a money issue for a permit in the bill; however, the bill is vague, too many loopholes.

    http://www.breitbart.com/Big-Govern...nse-Impinges-on-Gun-Owners-that-Load-Own-Ammo

    One change would require those that want to buy and store either smokeless powder or black powder to get a new license--at a rate of $50 every three years--to allow them to do so. The bill also says that they will only be allowed to have "limited" supplies but does not seem to say what amount would exceed those limits.

    The bill also redefines what "manufacturer" of explosives means. The original laws defines "manufacturer" as someone who is making explosives (cartridges, etc.) for sale. That commercial aspect of the law is struck out in the new bill. If Lautenberg's anti-explosives bill passes, anyone that hand loads cartridges for their own use or anyone that uses black powder firearms for hunting, sporting, or hobby use will now be classified as "manufacturers."

    The new bill also turns the current "shall issue" practice into a "may issue" rule. In other words, the new bill would give authorities the right to deny any citizen the right to buy, store and own loose gun powder or explosives and the government doesn't even have to supply any reason why the citizen is being denied. Nor will the government have to provide a means of redress. Once you are denied, that is it forever.

    In his 1792 report on the Navigation of the Mississippi (ME 3:180), Jefferson wrote, "It is a principle that the right to a thing gives a right to the means without which it could not be used, that is to say, that the means follow their end."

    If gun owners do not have the means--in this case the gun powder--to make their firearms work, then they are necessarily being denied the capability to exercise their Second Amendment rights.
     
  13. 2manyhobbies

    2manyhobbies New Member

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    Many years ago I tried in vain to make a firecracker from smokeless powder....:eek:

    Short answer is no it cannot be done, and believe me when I say I tried very hard....:eek:

    On a side note I now am a certified pyro guy, can make, have made, know how to make, and the smoke in the Boston bombing....:p

    Not black powder!!:mad:

    By the color shape and size of fireball and resulting smoke, it was a mixture of some black that simply burned (the fireworks black will do that) and the primary was either an ammonium nitrate mix or Russian plastic....:eek:


    and yes you can quote me on that!!!

    Yeah I play with a lot of stuff....:cool:
     
    Last edited: May 13, 2013
  14. willshoum

    willshoum New Member

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    Wtf.................

    So I can't go buy kitchen matches or anything else that can make a bomb. All fireworks will be banned. When you need a kitchen knife we will run a background check. When you park in our parking lot we will scan your lic. plate and break tag. As soon as you walk out your door there will be camera watching your every move........Its funny, here in N.O. they installed cameras at the red lights to catch law breakers, They also installed the same at street corners to catch drug dealers. The red light cams caught thousands. Not one cam on the corner streets worked...........:eek:;)