HR 45 - Blair Holt's Firearm Licensing and Record of Sale Act of 2009

Now here's a piece of legislation that has gotten a lot of discussion in web fora. It was introduced by Representative Bobby Rush of Illinois. Mr. Rush represents, primarily, the South Side of Chicago, Illinois' 1st Congressional District.

The bill is named after Blair Holt, a 16 year-old Chicago high school honor student who was killed trying to protect another student in 2007.

Summary

There is a summary below from the Congressional Research Service. In essence, the bill provides for the following:

• Licensing of anyone who possesses a firearm.
• Prohibits the transfer to anyone who is not licensed ("Transfer" usually includes not only sales, but gifts and inheritance).
• Requires a Federal record of sale system.
• Requires that if an owner is the victim of a theft of their firearm, they must report it (or, they, too, become a criminal).
• Requires that a licensee report to the Attorney General any change of address within 60 days.
• Requires that firearms and ammunition be kept locked away from a child.

Analysis

Sounds like reasonable things? Well, of course, the question you have to ask yourself is whether criminals, who are not known for following laws, will stay in compliance with all these provisions. If they don't, then what's the point?

Well, the point becomes the following:

• The Attorney General gets a database of firearms owners.
• The Attorney General gets a database of individual firearms.
• A father giving his daughter a gun as a present becomes a criminal if the daughter isn't licensed.
• Crime victims can become criminals if they don't report gun thefts (can you think of any other situation in which a victim can become a criminal?)
• The major problem? Criminals don't follow laws. It's just us good folks that do. This bill will do nothing to increase public safety. In fact, by criminalizing the acts of victims, it can increase crime.

Status

This bill has no co-sponsors. It is unlikely to go anywhere. It was introduced last year, also and died.

Congressional Research Service Summary

Blair Holt's Firearm Licensing and Record of Sale Act of 2009 - Amends the Brady Handgun Violence Prevention Act to prohibit a person from possessing a firearm unless that person has been issued a firearm license under this Act or a state system certified under this Act and such license has not been invalidated or revoked. Prescribes license application, issuance, and renewal requirements.
Prohibits transferring or receiving a qualifying firearm unless the recipient presents a valid firearms license, the license is verified, and the dealer records a tracking authorization number. Prescribes firearms transfer reporting and record keeping requirements. Directs the Attorney General to establish and maintain a federal record of sale system.
Prohibits: (1) transferring a firearm to any person other than a licensee, unless the transfer is processed through a licensed dealer in accordance with national instant criminal background check system requirements, with exceptions; (2) a licensed manufacturer or dealer from failing to comply with reporting and record keeping requirements of this Act; (3) failing to report the loss or theft of the firearm to the Attorney General within 72 hours; (4) failing to report to the Attorney General an address change within 60 days; or (5) keeping a loaded firearm, or an unloaded firearm and ammunition for the firearm, knowingly or recklessly disregarding the risk that a child is capable of gaining access, if a child uses the firearm and causes death or serious bodily injury.
Prescribes criminal penalties for violations of firearms provisions covered by this Act.
Directs the Attorney General to: (1) establish and maintain a firearm injury information clearinghouse; (2) conduct continuing studies and investigations of firearm-related deaths and injuries; and (3) collect and maintain current production and sales figures of each licensed manufacturer.
Authorizes the Attorney General to certify state firearm licensing or record of sale systems.