This is going to be a bad one on a lot of levels should it gain steam - and here's why:
It gives the Attorney General of the United States - by himself - the power to deny you the right to purchase a firearm, completely subverting "checks and balances", "due process" and the Second Amendment.
I'm not over-stating this at all, as you'll see when you read the proposed bill:
thomas.loc.gov/cgi-bin/query/z?c111:H.R.2159: : (copy&paste the whole link into your browser - up through the second colon).
"`Sec. 922B. Attorney General's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)
`The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) 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 thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'
"appropriately suspected"
"reasonable belief"
Are you KIDDING ME? The government is making up "legal terms" as they go along - ones which totally subvert the true standards of the law: "PROBABLE cause" (the Fourth Amendment standard).
That section continues: "and
(3) in section 921(a), by adding at the end the following:
`(36) The term `terrorism' means `international terrorism' as defined in section 2331(1), and `domestic terrorism' as defined in section 2331(5)."
Want to hazard a guess as to who might be included under the heading of "domestic terrorists"?
How about Second Amendment believing GUN OWNERS?
The A.G. would implement this new "power" by being given the ability to "deny" a NICS check: "(b) Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System (NICS) on Firearms Permits- Section 922(t) of such title is amended--"
This bill would thus subvert this clause in the FIFTH Amendment: "nor be deprived of life, liberty, or property, without due process of law" .
I don't know about YOU, but MY ability to feel UN-deprived of "life, liberty, or property" depends on my ability to purchase a weapon unless "due process" (which this bill is NOT) forbids it.
The bill also would subvert the spirit of the SIXTH Amendment : "to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." because of this part of the proposed bill:
"
(g) Attorney General's Ability To Withhold Information in Firearms License Denial and Revocation Suit- Section 923(f) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting `, except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security' before the period; and
(2) in paragraph (3), by inserting after the 3rd sentence the following: `With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'. "
Folks, this thing is no joke - it's a nightmare waiting to happen I need YOU to contact your Representative as quickly as possible via email/FAX/phone call to voice your OPPOSITION to H.R. 2159. Here is a sample letter/FAX that I sent my OWN Representative:
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Denying Firearms and Explosives to Dangerous Terrorists Act of 2009 (Introduced in House)
HR 2159 IH - is both UN-Constitutional AND an outrageous insult to every law-abiding American in this country.
thomas.loc.gov/cgi-bin/query/z?c111:H.R.2159: :
`Sec. 922A. Attorney General's discretion to deny transfer of a firearm
`The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee 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 thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.';
(2) by inserting the following new section after section 922A:
`Sec. 922B. Attorney General's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)
`The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) 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 thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.';
The "Attorney General" is NOT "God".
"appropriately suspected" is meaningless as a term to supposedly carry legal weight and provide this kind of Constitution-destroying power. It is so far below "reasonable cause" - not to mention the even weaker "reasonable suspicion" that it is ludicrous!
Vote "NAY" on this - and do not even think about becoming a co-sponsor for it.
The legal, law-abiding gun-owners of this country have had enough.
(Signed)
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Please don't ignore this alert! Find your Representative Here:
www.house.gov/house/MemberWWW_by_State.shtml and CONTACT them. Pete