This is pretty good ... take a look see ... jc3
---------------------- Forwarded by Jose Cerda III/OPD/EOP on 06/10/99
10:28 AM ---------------------------
JANET MURGUIA
06/09/99 10:09:39 PM
Record Type: Record
To: Broderick Johnson/WHO/EOP, Jose Cerda III/OPD/EOP
cc:
Subject: side by side
DOJ draft. Please review.
---------------------- Forwarded by Janet Murguia/WHO/EOP on 06/09/99
10:08 PM ---------------------------
Witzleben Bea L
06/09/99 10:00:28 PM
Record Type: Record
To: Janet Murguia/WHO/EOP
cc:
Subject: side by side
here it is. -b (matt and joe too!)
- side by side re hr 2037 and s254 on gun shows by matt june 9 as revised
by bea.wpd
Unable to convert ARMS_EXT: [ATTACH.D60)ARMS28487286J.136 to ASCII,
The following is a HEX DUMP:
FF5750432AOA0000010A02010000000205000000A9320000000200007D75DBC39EC6630297C16A
A0424F4AB9FOB296D39245808D82C63847BBBB54E9D14374DA74FA4E409B9C55FBD987A988B77F
E36BAD3746F661E8DD668F82DOD24EOEE8CB530033A6D943D4EB5A8AF8CB9D95C97817F5F8DB3B
442E985C13FEA4F9CODEAOF785288E57C95B6E9E6688D5EA55F6C587B2D651BDD4C891764611FA
"LAUTENBERG LITE"
HOW H.R. 2037 WEAKENS THE SENATE GUN SHOW BILL Hex-Dump Conversion
WITH ARTIFICIAL SWEETENERS FOR THE GUN LOBBY
HOW S. 254 CLOSES THE HOW H.R. 2037 REOPENS THE WHY IT MAKES A DIFFERENCE.
GUN SHOW LOOPHOLE GUN SHOW LOOPHOLE
Defines "gun show" to cover all Applies only to events that are both Under H.R. 2037, there would still be lots of events where lots of
events where a large number of "sponsored to foster the collecting ... guns are being sold without background checks. Although most
guns are for sale. or ... use of firearms" and involve at buyers at these events are law-abiding, these events also attract
least 10 firearms vendors, as defined criminals, who could still get guns with no questions asked. Under
to include only sellers who have a H.R. 2037, if the event is not "sponsored" for a reason set out in H.R.
fixed, assigned, or contracted location. 2037, it would not have checks, no matter how many guns are for
sale. And even if it is "sponsored" for the specified reason, there
would be no background checks if the event organizers and sellers
keep the number of "vendors" below 10.
Applies the current Brady Law Changes the Brady Law applied to Under H.R. 2037, felons, fugitives, and other prohibited persons will
to all transfers of guns at gun gun shows to reduce the amount of get guns at gun shows, even though they could not get guns at gun
shows. time law enforcement has to complete stores. Although more than 70% of all Brady checks are completed
the background check from 3 business within minutes, some checks require a few days. Usually, this is
days to "72 hours." If the check true because a State court criminal record must be examined which
cannot be completed within 72 hours, has not been made available to the instant check system. IfH.R.
the sale must be allowed to proceed 2037's 72-hour rule were the rule under the Brady Law's National
and all records about the transfer must Instant Check System (NICS), 22% of the people who have been
be destroyed. denied guns would have gotten them. And with regard to prohibited
people who try to buy guns on Saturday -- when most gun shows
occur -- the 72-hour rule would have had even worse effect: 28% of
the felons, fugitives, and other prohibited people who have been
stopped would have gotten guns.
Requires everyone who wants to Does not require that anyone notify H.R. 2037 complicates what is otherwise a very simple rule: if you
sell a gun at a gun show to verify sellers of background check intend to sell a gun at a gun show, you must check in with the
their identity to the gun show requirements and exempts all gun promoter and be notified of your obligations to have a background
promoter, and to be notified that sellers who do not rent a table as a check done on your buyer.
they understand they must have "vendor" -- but instead walk around
a background check done on selling guns at the gun show -- from
their buyer. verifying their identity.
GUN SHOW LOOPHOLE GUN SHOW LOOPHOLE
Enhances law enforcement's Prevents tracing of all crime guns sold Under H.R. 2037, gun shows remain a safe harbor for criminals, who
ability to trace used guns if those through "instant check registrants" at know that law enforcement will be unable to trace used guns bought ~
guns are used in crimes. gun shows and does nothing to and sold at gun shows. ~
~
improve tracing of used guns sold by
licensed dealers. r:
::s
Uses existing framework of Adds new layer of bureaucracy to Licensed professional firearms dealers already have experience <
federally-licensed firearms federal firearms regulation by
~
filling out the appropriate paperwork and using the NICS, and will ::s
<>
licensees to do background resurrecting the "special registrants" make entries with fewer errors than non-professionals, assuring more
checks on behalf of unlicensed (now called "instant check accurate background checks and crime gun tracing information.
sellers at gun shows. registrants") from the repudiated Craig
Amendment to the Senate bill.
Protects privacy of gun buyers Allows anyone to get an "instant Because H.R. 2037's "registrants" are not professional dealers, they
who get their backgrounds check registration" that will allow have fewer incentives to carefully follow the rules concerning the
checked by using licensed . them to do background checks and NICS. H.R. 2037 compounds this problem by requiring the
professional dealers - who are transfer guns, even if they don't know immediate destruction of NICS records, which will prevent law
subject to strict recordkeeping anything about guns or the firearms enforcement from having a means to detect and deter misuse and
and inspection - to do business. abuse of the NICS. Under H.R. 2037, law enforcement will not be
background checks. able to assure that the registrants are not using the system to run
checks on their friends or enemies for purposes completely unrelated
to firearms transfers.
Does not disturb more than 30 Allows federal gun dealers to ship H.R. 2037 will impede the ability of states to control the flow of guns
years of federal law requiring guns directly to unlicensed buyers into their borders by allowing licensees who are unfamiliar with a
licensed dealers to sell within across State lines. State's firearms laws to ship guns to private individuals across state
their home States only. lines.
Requires a background check for Limits background check requirement H.R. 2037 creates a new loophole that allows unlicensed vendors to
any gun that is offered for sale, to guns that are offered for sale and offer guns for sale and complete the sale outside the gun show
transfer or exchange at a gun accepted for purchase by a buyer. without any background check.
show.
HOW S. 254 CLOSES THE HOW H.R. 2037 REOPENS THE WHY IT MAKES A DIFFERENCE.
GUN SHOW LOOPHOLE GUN SHOW LOOPHOLE
Writes into the Brady Law a Opens up the entire instant check H.R. 2037 will prevent the FBI from protecting the privacy and
approved transactions must be immediate destruction of records. requirement that records be destroyed immediately, H.R. 2037 will
destroyed within 90 days or, if stop the government from detecting and identifying sales of firearms
possible, even sooner. to criminals and other misuses of the system - such as background
checks run on citizens for ulterior purposes - undermining the entire
instant check system.
Allows States with instant check Forbids anyone doing background Keeping States in the Brady check system assures the most thorough
system to continue to operate checks as points of contact for the background checks, because States often have access to records that
under their existing framework. instant check system - even states the federal government cannot access. H.R. 2037 will drive States
with their own instant check systems - away from doing background checks.
from retaining records or charging a
fee.
Does not create any new Gives gun sellers and "registrants" at There is no reason to use gun show legislation to decrease the
immunities. gun shows potentially sweeping accountability of those who engage in gun transactions.
immunity.
==================== ATTACHMENT 1 ====================
ATT CREATION TIME/DATE: 0 00:00:00.00
TEXT:
Unable to convert ARMS_EXT: [ATTACH.D60)ARMS28487286J.136 to ASCII,
The following is a HEX DUMP:
FF5750432AOA0000010A02010000000205000000A9320000000200007D75DBC39EC6630297C16A
A0424F4AB9FOB296D39245808D82C63847BBBB54E9D14374DA74FA4E409B9C55FBD987A988B77F
E36BAD3746F661E8DD668F82DOD24EOEE8CB530033A6D943D4EB5A8AF8CB9D95C97817F5F8DB3B
442E985C13FEA4F9CODEAOF785288E57C95B6E9E6688D5EA55F6C587B2D651BDD4C891764611FA
"LAUTENBERG LITE"
HOW H.R. 2037 WEAKENS THE SENATE GUN SHOW BILL Hex-Dump Conversion
WITH ARTIFICIAL SWEETENERS FOR THE GUN LOBBY
HOW S. 254 CLOSES THE HOW H.R. 2037 REOPENS THE WHY IT MAKES A DIFFERENCE.
GUN SHOW LOOPHOLE GUN SHOW LOOPHOLE
Defines "gun show" to cover all Applies only to events that are both Under H.R. 2037, there would still be lots of events where lots of
events where a large number of "sponsored to foster the collecting ... guns are being sold without background checks. Although most
guns are for sale. or ... use of firearms" and involve at buyers at these events are law-abiding, these events also attract
least 10 firearms vendors, as defined criminals, who could still get guns with no questions asked. Under
to include only sellers who have a H.R. 2037, if the event is not "sponsored" for a reason set out in H.R.
fixed, assigned, or contracted location. 2037, it would not have checks, no matter how many guns are for
sale. And even if it is "sponsored" for the specified reason, there
would be no background checks if the event organizers and sellers
keep the number of "vendors" below 10.
Applies the current Brady Law Changes the Brady Law applied to Under H.R. 2037, felons, fugitives, and other prohibited persons will
to all transfers of guns at gun gun shows to reduce the amount of get guns at gun shows, even though they could not get guns at gun
shows. time law enforcement has to complete stores. Although more than 70% of all Brady checks are completed
the background check from 3 business within minutes, some checks require a few days. Usually, this is
days to "72 hours." If the check true because a State court criminal record must be examined which
cannot be completed within 72 hours, has not been made available to the instant check system. IfH.R.
the sale must be allowed to proceed 2037's 72-hour rule were the rule under the Brady Law's National
and all records about the transfer must Instant Check System (NICS), 22% of the people who have been
be destroyed. denied guns would have gotten them. And with regard to prohibited
people who try to buy guns on Saturday -- when most gun shows
occur -- the 72-hour rule would have had even worse effect: 28% of
the felons, fugitives, and other prohibited people who have been
stopped would have gotten guns.
Requires everyone who wants to Does not require that anyone notify H.R. 2037 complicates what is otherwise a very simple rule: if you
sell a gun at a gun show to verify sellers of background check intend to sell a gun at a gun show, you must check in with the
their identity to the gun show requirements and exempts all gun promoter and be notified of your obligations to have a background
promoter, and to be notified that sellers who do not rent a table as a check done on your buyer.
they understand they must have "vendor" -- but instead walk around
a background check done on selling guns at the gun show -- from
their buyer. verifying their identity.
GUN SHOW LOOPHOLE GUN SHOW LOOPHOLE
Enhances law enforcement's Prevents tracing of all crime guns sold Under H.R. 2037, gun shows remain a safe harbor for criminals, who
ability to trace used guns if those through "instant check registrants" at know that law enforcement will be unable to trace used guns bought ~
guns are used in crimes. gun shows and does nothing to and sold at gun shows. ~
~
improve tracing of used guns sold by
licensed dealers. r:
::s
Uses existing framework of Adds new layer of bureaucracy to Licensed professional firearms dealers already have experience <
federally-licensed firearms federal firearms regulation by
~
filling out the appropriate paperwork and using the NICS, and will ::s
<>
licensees to do background resurrecting the "special registrants" make entries with fewer errors than non-professionals, assuring more
checks on behalf of unlicensed (now called "instant check accurate background checks and crime gun tracing information.
sellers at gun shows. registrants") from the repudiated Craig
Amendment to the Senate bill.
Protects privacy of gun buyers Allows anyone to get an "instant Because H.R. 2037's "registrants" are not professional dealers, they
who get their backgrounds check registration" that will allow have fewer incentives to carefully follow the rules concerning the
checked by using licensed . them to do background checks and NICS. H.R. 2037 compounds this problem by requiring the
professional dealers - who are transfer guns, even if they don't know immediate destruction of NICS records, which will prevent law
subject to strict recordkeeping anything about guns or the firearms enforcement from having a means to detect and deter misuse and
and inspection - to do business. abuse of the NICS. Under H.R. 2037, law enforcement will not be
background checks. able to assure that the registrants are not using the system to run
checks on their friends or enemies for purposes completely unrelated
to firearms transfers.
Does not disturb more than 30 Allows federal gun dealers to ship H.R. 2037 will impede the ability of states to control the flow of guns
years of federal law requiring guns directly to unlicensed buyers into their borders by allowing licensees who are unfamiliar with a
licensed dealers to sell within across State lines. State's firearms laws to ship guns to private individuals across state
their home States only. lines.
Requires a background check for Limits background check requirement H.R. 2037 creates a new loophole that allows unlicensed vendors to
any gun that is offered for sale, to guns that are offered for sale and offer guns for sale and complete the sale outside the gun show
transfer or exchange at a gun accepted for purchase by a buyer. without any background check.
show.
HOW S. 254 CLOSES THE HOW H.R. 2037 REOPENS THE WHY IT MAKES A DIFFERENCE.
GUN SHOW LOOPHOLE GUN SHOW LOOPHOLE
Writes into the Brady Law a Opens up the entire instant check H.R. 2037 will prevent the FBI from protecting the privacy and
approved transactions must be immediate destruction of records. requirement that records be destroyed immediately, H.R. 2037 will
destroyed within 90 days or, if stop the government from detecting and identifying sales of firearms
possible, even sooner. to criminals and other misuses of the system - such as background
checks run on citizens for ulterior purposes - undermining the entire
instant check system.
Allows States with instant check Forbids anyone doing background Keeping States in the Brady check system assures the most thorough
system to continue to operate checks as points of contact for the background checks, because States often have access to records that
under their existing framework. instant check system - even states the federal government cannot access. H.R. 2037 will drive States
with their own instant check systems - away from doing background checks.
from retaining records or charging a
fee.
Does not create any new Gives gun sellers and "registrants" at There is no reason to use gun show legislation to decrease the
immunities. gun shows potentially sweeping accountability of those who engage in gun transactions.
immunity.
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