SB346 (Loans): favorable with amendments

Malleovic said:

This is not true. I refer you to Mark Pennak's testimony during the bill's original hearing in JPC. Prosecutorial discretion is to blame.

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fabsroman said:

So, refresh my recollection then as to how it was illegal to loan a handgun to somebody you "thought" was not prohibited? Is there a law already on the books covering this situation, and if so, why the heck would they waste their time with another one? Granted, it initially was a complete POS and very onerous on us, but if they could not get that, why even screw with something that is already covered under existing law.

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(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) is a fugitive from justice;

(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) has been adjudicated as a mental defective or has been committed to any mental institution;

(5) who, being an alien—

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));


(6) who 2 has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—

(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or


(9) has been convicted in any court of a misdemeanor crime of domestic violence.

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Malleovic said:

Even if this bill passes, it will still not be illegal to loan a handgun to somebody you "think" is not prohibited.

As to a law already on the books:

https://www.govinfo.gov/content/pkg...l/USCODE-2017-title18-partI-chap44-sec922.htm



Etc.

The reason this bill is covering ground already covered is because that is what the committee decided to do with it. It is not what the sponsor originally intended.

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