Ask A Firearms Question:
I am having problems with this whole Gun Ownership Debate. Can you please sum up what the hell is going on with my 2nd Amendment and these so-called Gun Rights issues?
Thank you Charles (Charlie) Everett Rhodes.
Published for Readers Information and Content Only
Not a Legal Opinion
Not a Legal Opinion
Answer :
Blog Administrator -
I will try.
First it is important to forget what bill is introduced in Congress for the simple reason we have 3 individual but distinct branches of the government:
The Congress (U.S. House of Representatives and the U.S. Senate); The President (White House); and Judicial (Federal Courts).
In Congress bills are introduced either by the Senate or the House. If one has something different then a caucus is held between the 2 houses to come up with a final bill. Sometimes, one may pass a bill but it must go to the other for approval. If both houses in Congress approve a final version of the bill, then goes to the President for approval and signature. It then becomes the law of the land until a Federal Court determines otherwise.
Now onto the general outline of the Gun Control Issues:
The two major parties (Democrats and Republicans) seriously differ on Gun Control.
Basically the Democrats want the following passed into legislation and they are not willing to compromise on their issues, thus we get deadlock and nothing passed.
At issue are the following items -
1) The Democrats want the Assault Rifle Ban back with even stricter provisions. This would prevent, in most cases, items such as an AR15 or AK-47 sale.
2) The Democrats want to limit the size of Magazines for any weapon to a maximum of 10-rounds.
3) The Democrats want to ban anyone on the Terrorist Watch List and/or the No-Fly List to purchase a firearm of any type. The Republicans oppose this primarily because they say some people get on the list and don't belong there. The Republicans want a person on any LIST to have the right to a hearing by a Federal Magistrate or Judge to get their name off the list. Democrats have opposed this even though some members of Congress have been placed on the No Fly List.
4) The Democrats want to make it mandatory that ALL Gun Sales must have a background check. Simply this closes the loop hole on gun sales at Gun Shows and Online Sales. The primary problem with this is it prevents a person from selling their own privately owned firearm to another person. It also may be interpreted by the courts that you cannot inherit a firearm without a background check.
=> Most Republicans with help from the NRA (National Rifle Association), and GOA (Gun Owners of America) oppose these changes.
Note: To get a bill passed requires 60 votes in the U.S. Senate. This again is why the 2016 Presidential Election is so important. Hillary Clinton supports everyone of these measures, while Donald Trump opposes most of them.
=== > This posting is NOT a Legal Opinion nor does it claim to cover or explain all the Gun Issues facing America today.
Caution Readers: When viewing Internet sites such as Yahoo News and Google News -or- Listening to News Broadcast on the TV, be aware that almost every broadcast from CBS, NBC, ABC, CNN, MSNBC, and Fox News is tainted mostly leaning toward a Liberal agenda. Newscasters today cannot report the NEWS accurately they must slant it in their favor. Some of these news casts are outright lies and fabrications. One of the problems with sites like Yahoo News is they pick up news from other sites and published it without checking the content or accuracy.
First it is important to forget what bill is introduced in Congress for the simple reason we have 3 individual but distinct branches of the government:
The Congress (U.S. House of Representatives and the U.S. Senate); The President (White House); and Judicial (Federal Courts).
In Congress bills are introduced either by the Senate or the House. If one has something different then a caucus is held between the 2 houses to come up with a final bill. Sometimes, one may pass a bill but it must go to the other for approval. If both houses in Congress approve a final version of the bill, then goes to the President for approval and signature. It then becomes the law of the land until a Federal Court determines otherwise.
Now onto the general outline of the Gun Control Issues:
The two major parties (Democrats and Republicans) seriously differ on Gun Control.
Basically the Democrats want the following passed into legislation and they are not willing to compromise on their issues, thus we get deadlock and nothing passed.
At issue are the following items -
1) The Democrats want the Assault Rifle Ban back with even stricter provisions. This would prevent, in most cases, items such as an AR15 or AK-47 sale.
2) The Democrats want to limit the size of Magazines for any weapon to a maximum of 10-rounds.
3) The Democrats want to ban anyone on the Terrorist Watch List and/or the No-Fly List to purchase a firearm of any type. The Republicans oppose this primarily because they say some people get on the list and don't belong there. The Republicans want a person on any LIST to have the right to a hearing by a Federal Magistrate or Judge to get their name off the list. Democrats have opposed this even though some members of Congress have been placed on the No Fly List.
4) The Democrats want to make it mandatory that ALL Gun Sales must have a background check. Simply this closes the loop hole on gun sales at Gun Shows and Online Sales. The primary problem with this is it prevents a person from selling their own privately owned firearm to another person. It also may be interpreted by the courts that you cannot inherit a firearm without a background check.
=> Most Republicans with help from the NRA (National Rifle Association), and GOA (Gun Owners of America) oppose these changes.
Note: To get a bill passed requires 60 votes in the U.S. Senate. This again is why the 2016 Presidential Election is so important. Hillary Clinton supports everyone of these measures, while Donald Trump opposes most of them.
=== > This posting is NOT a Legal Opinion nor does it claim to cover or explain all the Gun Issues facing America today.
Caution Readers: When viewing Internet sites such as Yahoo News and Google News -or- Listening to News Broadcast on the TV, be aware that almost every broadcast from CBS, NBC, ABC, CNN, MSNBC, and Fox News is tainted mostly leaning toward a Liberal agenda. Newscasters today cannot report the NEWS accurately they must slant it in their favor. Some of these news casts are outright lies and fabrications. One of the problems with sites like Yahoo News is they pick up news from other sites and published it without checking the content or accuracy.
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