Tom Graves on Gun Control

	Tom Graves on Gun Control

National cross-state standard for concealed carry.

Graves signed H.R.197&S.845

Establishes a national standard for the carrying of concealed firearms (other than a machinegun or destructive device) by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one state and who is not prohibited from carrying a firearm under federal law to carry a concealed firearm in another state:

Notwithstanding any law of any State, a person who is not prohibited by Federal law from possessing a firearm and is carrying a valid license to carry a concealed firearm may carry in another State a concealed firearm.
If such other State issues licenses to carry concealed firearms, the person may carry a concealed firearm in the State under the same restrictions which apply in that State.
If such other State does not issue licenses to carry concealed firearms, the person may not carry a concealed firearm in a police station, in a courthouse, at a meeting of a governing body, in a school, at an athletic event, in an establishment licensed to dispense alcoholic beverages, or inside an airport, except to the extent expressly permitted by State law.

Source: National Right-to-Carry Reciprocity Act 09-HR197 on Jan 6, 2009

Loosen restrictions on interstate gun purchases.

Graves co-sponsored Firearms Interstate Commerce Reform Act

Congressional Summary:Amends the federal criminal code to:

allow licensed firearms dealers to sell or deliver any firearm (currently, rifles or shotguns) to any state if the licensee meets with the purchaser and the transaction complies with the laws of the state in which the transfer is conducted and the purchaser's state of residence; and

eliminate the requirement that a licensee must conduct business at a gun show only in the state that is specified on the licensee's license.

Nothing in this Act shall prohibit the sale of a firearm or ammunition between licensed firearms dealers at any location in any state.

Proponent's Comments (NRA-ILA, Oct. 14, 2011): This bill would remove several antiquated and unnecessary restrictions imposed on interstate firearms business since 1968:

Virtually all interstate transfers directly between private citizens are banned; so are nearly all interstate handgun sales by licensed dealers.
Firearms dealers may only do business at their licensed premises or (since 1986) at gun shows in their own state.
Dealers may not even transfer firearms to one another face to face, away from their business premises.

Source: HR58/S1691 11-H0058 on Oct 12, 2011

Allow veterans to register unlicensed guns acquired abroad.

Graves co-sponsored Veterans' Heritage Firearms Act

Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the Armed Forces stationed outside the continental United States.
Grants such an individual limited immunity with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration.
Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession.
Transfers each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it
Publishes information identifying each such firearm which is available to be transferred to a museum.
Makes a prohibition against transfer or possession of a machine-gun inapplicable to museums.

Source: HR420/S798 11-HR0420 on Jan 25, 2011

Interstate transportation of firearms is federally prote.

Graves co-sponsored H.R.131

Congressional Summary: On interstate transportation of firearms or ammunition:

Require that a firearm and ammunition shall be in a locked container.
Does not permit transportation of firearms or ammunition with the intent to commit a crime.
Prohibits detention of a person for violation of any local gun law unless there is probable cause.

Supporters reasons for voting YEA: (NRA Institute for Legal Action, 1/16/15): Current federal law guarantees the right of law-abiding persons to transport firearms, regardless of state or local laws. Unfortunately, anti-gun local officials are using overly restrictive state licensing laws to harass and prosecute travelers who have made every effort to comply with the law, resulting in seized guns and sometimes arrests. HR 131 would make clear that I, including activities incidental to the trip such as temporary lodging.

Opponents reasons for voting NAY: (PopVox blog postings on HR 131):

CA-19: I oppose HR131 because it is overly burdensome on law abiding individuals and attempts to fix an issue that is not documented to be a problem or responsible for any amount of crime today.
SD-0: I oppose HR131 because this encourages illegal hunting. Gun laws already differ in each state. The last thing we want is increase of breaching of laws as one is "unaware" of the law of that state.
AZ-5: I oppose HR131 because travelling can be dangerous. A firearm is useless for defense if it is locked in a box.
MO-7: I oppose HR131 because it attempts to once again federally mandate a standard across all states which poses as a protection to gun owners, but could be abused by law enforcement.
NH-2: I oppose HR131 because this is not only unnecessary, but impractical in many situations. We already have more than enough poorly constructed firearms laws on the books.

Source: Bill sponsored by 27 House Members 15_H131 on Jan 6, 2015

Voted NO on background check for every firearm sale.

Graves voted NAY the Bipartisan Background Checks Act

H.R.8: To require a background check for every firearm sale. This Act may be cited as the "Background Check Expansion Act".

It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed [and conducted a background check].
The [restrictions] shall not apply to any law enforcement officer, or member of the armed forces, or bona fide gift between spouses, between parents and their children, or between siblings or [immediate family members].

Temporary transfers [are allowed] if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms; at a shooting range; or while reasonably necessary for the purposes of hunting.

Opposing argument from the Heritage Foundation, 2/26/2019: Heritage Action opposes the Bipartisan Background Checks Act (H.R. 8) and will include it as a key vote on our legislative scorecard. This legislation would require universal background checks for all firearm sales (even private) with specific exceptions. Unfortunately, universal background checks would do little to prevent firearm violence and would instead make it more difficult for law-abiding citizens to purchase, own, carry, and use a firearm. Studies show that universal background checks are largely ineffective when it comes to preventing mass shootings. In addition, most people imprisoned for firearm-related crimes access their firearms illegally through theft, the underground market, family members, or friends. H.R. 8 is poorly written and makes criminals out of many law-abiding Americans who commonly make low-risk firearm transfers.

Legislative outcome Roll call 99 in House on 2/27/2019 passed 240-190-2; introduced in Senate 1/8/2019; no action as of 3/28/2020.

Source: Supreme Court case 19-HR0008 argued on Feb 27, 2019

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