Latest Gun Control Proposal Doesn’t Pass Constitutional Muster

Published on September 18, 2015
Duration: 3:00

Senator Tim Kaine's 'Responsible Transfer of Firearms Act' proposes strict liability for firearm transfers, shifting the burden of proof to the transferor to demonstrate reasonable steps were taken to ensure the recipient is not prohibited. This legislation is criticized as unconstitutional and potentially creating a federal felony for every transfer due to vague requirements. Separately, a Nevada ballot initiative backed by Michael Bloomberg aims to create a universal handgun registry, which supporters argue is not a universal background check but a registration scheme.

Quick Summary

Senator Tim Kaine's 'Responsible Transfer of Firearms Act' proposes strict liability for firearm transfers, requiring transferors to prove they took 'reasonable steps' to ensure recipients are not prohibited. This is criticized as unconstitutional and potentially creating a federal felony due to vague requirements.

Chapters

  1. 00:03Unconstitutional Gun Control Proposal
  2. 00:14Senator Kaine's Responsible Transfer Act
  3. 00:21Strict Liability Explained
  4. 00:39Unwritten Code of Conduct Risk
  5. 01:14Bill's Likelihood in Congress
  6. 01:34Nevada Universal Handgun Registry
  7. 01:43Michael Bloomberg's Role
  8. 01:55Registry vs. Background Check
  9. 02:05Nevada Grassroots Events
  10. 02:21Armed Citizen Report

Frequently Asked Questions

What is the 'Responsible Transfer of Firearms Act'?

The 'Responsible Transfer of Firearms Act,' introduced by Senator Tim Kaine, proposes to hold individuals strictly liable for transferring a firearm to a prohibited person. This means the transferor would need to prove they took 'reasonable steps' to ensure the recipient was legally allowed to possess firearms, a significant shift from current law.

How does Senator Kaine's bill differ from current firearm transfer laws?

Current law requires prosecutors to prove a transferor knew or had reason to know the recipient was prohibited. Senator Kaine's bill shifts this burden, making the transferor strictly liable unless they can demonstrate they took 'reasonable steps' to verify the recipient's eligibility, which are not clearly defined.

What is the Nevada ballot initiative discussed in the video?

The video discusses a Nevada ballot initiative from November 2016, bankrolled by groups including Michael Bloomberg, which is described as a 'universal handgun registration scheme.' Supporters claim it is not a universal background check, as criminals would not comply.

What is the NRA's stance on these gun control proposals?

The NRA Institute for Legislative Action views these proposals, such as Senator Kaine's bill and the Nevada handgun registry, as attempts by 'gun control zealots' to bypass constitutional protections and infringe upon the rights of law-abiding citizens.

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