Dave Kopel on Testimony About the "The Fix Gun Checks Act"

Published on November 16, 2011
Duration: 16:13

Dave Kopel, Research Director at the Independence Institute, discusses the "Fix Gun Checks Act" (S. 1724), highlighting its broad definition of 'transfer' which could criminalize temporary firearm handling. He also details provisions requiring universities to make involuntary mental health referrals, which could be reported to the National Instant Criminal Background Check System (NICS), potentially impacting gun ownership rights. Kopel criticizes the bill's expansion of prohibited persons based on drug arrests, regardless of disposition.

Quick Summary

The "Fix Gun Checks Act" is criticized for its broad definition of firearm 'transfer,' potentially criminalizing temporary handling without a background check. It also mandates universities to report involuntary mental health referrals to NICS, impacting gun rights, and prohibits firearm ownership for five years after any drug arrest, regardless of disposition.

Chapters

  1. 00:00Introduction of Dave Kopel
  2. 00:15Testimony on H.R.22 vs. "Fix Gun Checks Act"
  3. 01:21What is the "Fix Gun Checks Act"?
  4. 02:11Broad Definition of Firearm Transfer
  5. 03:55University Mental Health Referrals and NICS
  6. 04:35Clip: Kopel and Senator Schumer Debate Bill
  7. 07:00Kopel's Perspective on Bill's Intent
  8. 08:47University Power to Revoke Second Amendment Rights
  9. 09:04Horror Stories of Referrals
  10. 11:07Opponents and Proponents of the Bill
  11. 12:24Drug Arrests and Gun Prohibition
  12. 13:53Arrest vs. Conviction for Gun Rights
  13. 15:06Bloomberg's Legislative Push
  14. 15:25Senator Leahy's Role
  15. 15:55Where to Read Testimony

Frequently Asked Questions

What are the main concerns with the "Fix Gun Checks Act" regarding firearm transfers?

The "Fix Gun Checks Act" is criticized for its overly broad definition of 'transfer.' This definition could criminalize temporary handling of firearms, such as showing a gun to a friend, without going through a federally licensed dealer and a background check, potentially turning lawful citizens into felons.

How does the "Fix Gun Checks Act" affect university students and their gun rights?

The bill mandates that universities make involuntary referrals for mental health evaluations. These referrals, even if the student opts out of counseling by leaving school, are to be reported to NICS, potentially leading to the loss of Second Amendment rights based on a university's decision.

What is the "Fix Gun Checks Act"'s stance on individuals arrested for drug charges?

The "Fix Gun Checks Act" proposes to prohibit individuals from owning firearms for five years if they have been arrested on a drug charge within the last five years, regardless of the outcome of the arrest. This means even an erroneous arrest could lead to a gun rights prohibition.

Who are the main proponents and opponents of the "Fix Gun Checks Act"?

Proponents include Senator Schumer, Senator Gillibrand, Senator Kerry, and Mayor Bloomberg's organization, Mayors Against Illegal Guns. Dave Kopel of the Independence Institute is a prominent opponent, testifying against the bill's provisions.

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