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Posted By FFL Dealer Network on 04/02/2020 in Firearm News

H.R. 5717 The Gun Violence Prevention and Community Safety Act of 2020



H.R. 5717 The Gun Violence Prevention and Community Safety Act of 2020

H.R. 5717 is a bill aimed at giving the federal government greater say in who can and cannot buy a gun. Among other things, the bill seeks to create a federal firearm license to own a gun and ammunition. It is called the "Gun Violence Prevention and Community Safety Act of 2020."

Read the entire bill here

The bill is sponsored, no surprise, by Democrats. Henry Johnson Jr., D-GA, introduced the bill. Here is a rundown of the major parts of the bill. 

THE LICENSE 

To get this federal license, a person has to be 21 and take a firearms safety training class. The government has 40 days to either grant the license or provide a reason for denial. 

The training includes: 

  • A written test on firearms laws. 
  • Hands-on and live-fire instruction. 
  • A background check meeting the standards for the current background check to buy a gun. To buy guns and ammo, the bill requires: 
  • Universal background checks. 
  • At least a seven-day waiting period to buy a gun. 
  • Minimum age of 21. 

The license also expires every 10 years. Renewal requires another background check and a current photo of the applicant. 



State firearm licenses, if they meet the federal standards, are acceptable. 

Guns and ammo currently owned are grandfathered. 

Transferring guns has to go through someone with a federal firearms license to import, make or sell guns. Exceptions are granted for gifts among family members, law enforcement, the military and an "armed private security professional." 

This provision will create an explosion of "armed private security professionals," if it passes. 

Another section seeks to ban multiple gun purchases within 30 days. "It shall be unlawful for any person who is not licensed under section 923 to purchase more than 1 firearm that has been shipped or transported in interstate or foreign commerce during any 30-day period," it says. If the gun is made and sold within one state, this law does not apply. Section 923 covers gun dealers with a federal firearms license. 

SCHOOL ZONES 

Part of the bill changes the wording in the "gun-free school zones." School zones are addressed by the US Supreme Court United States v. Lopez. In that ruling, the court specifically turned down the federal government's right to regulate firearms carry under the Commerce Clause of the Constitution. 

The way the bill is worded, it probably won't stand under the Lopez ruling. 



RED FLAG LAW 

The bill also creates a "red flag law." Red flag means if a person is considered dangerous, law enforcement can go and take his or her guns away. The bill requires a signed order from a judge or magistrate. 

Some states already have red flag laws. Enforcement so far is irregular and has led to at least one death

WEAPONS BAN 

The bill calls for a weapons ban. On the block is any semi-auto rifle that takes a removable mag and: 

  • a pistol grip. 
  • a forward grip. 
  • folding, removable or telescoping stock. 
  • grenade launcher. 
  • barrel shroud. 
  • threaded barrel. 

The list for semi-auto shotguns is similar. 

The list for semi-auto pistol adds: 

  • A weight of more than 50 ounces. 
  • Semi-auto version of a full auto. 
  • Stabilizing brace. This eliminates the BATF ruling on braces for pistols. 



SPECIFIC GUNS 

The bill calls for banning all AK type-firearms and a list of specific guns is more than a page long. It identifies by name and manufacturer and "any combination of parts from which a firearm described in sub-paragraphs (A) through (K) can be assembled." No word on how this affects repairing a grandfathered firearm. 

Another list is guns exempt from the ban, identified by manufacturer and model number. This list runs more than a dozen pages. 

80 PERCENT 

The bill tries to ban unfinished guns. The Bureau of Alcohol Tobacco and Firearms rule is any frame that is only 80 percent complete is not a firearm. This section is vague. It tries to clear this up by saying "The term `manufacturing firearms' includes assembling a functional firearm from a frame or receiver or molding, machining, or 3D printing a frame or receiver, and does not include making or fitting special barrels, stocks, or trigger mechanisms to firearms." 

Stretching this definition, the ban could include a solid block of aluminum that could be machined into an AR15 lower. 

PROTECTION ACT 

Under current federal law, gun makers are mostly exempt from consumer protection act laws. This bill repeals all that. It will expose gun manufactures to a horde of lawsuits. 

TAXES 

HR 5717 puts a 30 percent tax on firearm sales and a 50 percent tax on ammo. Part of this money will go to grants to help eliminate violence, only part of which is specifically identified as gun-related violence. 

The money can also be used for buy-backs.

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