Thursday, April 18, 2013

MAYBE SEN. COBURN'S AMENDMENT WAS WORTH A TRY?

I read that Sen. Coburn claimed his amendment was the only way to get real gun control so I decided to look for it at Senate.gov but I couldn't find the text.  It was reported on by an Oklahoma TV station and a blog that links to a letter Coburn wrote to his colleagues.

This was his proposal:
Dr. Coburn’s amendment would require a NICS check or validation permit to be presented for non-FFL transfers, exempting family transfers, estate/will transfers, and all temporary transfers.
The requirement can be satisfied in one of four ways:
1) An FFL takes custody ofthe firearm in order to perform a background check on the transferee as mandated in Schumer original and Manchin-Toomey
2) Presentation oftemporary 30 day permit created by running a self-NICS check through a new consumer portal(details below)
3) Usage of a concealed carry permit or any other state issued permit that requires a NICS check to be conducted to obtain
4) Any other alternative that a state comes up with to satisfy the validation requirements for secondary and private market transfers. The amendment also includes a provision that places penalties on ATF agents that abuse records during audits, an IG report on the FBI’s 24 hour destruction rule compliance, a prohibition on records, a prohibition on centralizing records pertaining to gun ownership and a provision that allows states to assume primacy of enforcement of the background check law.
Consumer Portal
  • FBI shall provide a consumer portal through its website, mobile application, or other applicable medium to allow a potential transferee to run a NICS check on his/herself
  • A successful background check will provide potential transferee with a temporary 30 day permit that validates he/she is not prohibited from legally purchasing or possessing a firearm
  • The temporary permit can be used by the transferee for any private transfers in compliance with state or federal law during the 30 day time window
  • The permit will be made available to the transferee as an electronic printable document, via a mobile application or other appropriate means
  • The 30 day permit will provide the name, date of expiration of permit, and a unique pin number that can be used to verify activation by transferor
  • The consumer portal will be designed with privacy protections so that only a prospective transferee can run his/her own NICS check
  • The documentation provided by consumer portal will utilize necessary fraud protections
  • A valid 30 day permit provided by the consumer portal that is verified with a valid governmentissued photo identification would suit the law’s requirements
  • Information provided by prospective transferee to conduct background check through the consumer portal must be destroyed within 24-hours as occurs for FFL conducted background checks
The new law will not go into effect until the consumer portal is up and running, and the law will be nullified if the consumer portal is permanently shut down or defunded.

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