[118819] in Cypherpunks
RE: net-gun sale restriction in juvenile justice bill
daemon@ATHENA.MIT.EDU (Jim Burnes)
Fri Oct 8 16:14:09 1999
From: "Jim Burnes" <jburnes@earthlink.net>
To: "'Declan McCullagh'" <declan@well.com>, <cypherpunks@cyberpass.net>
Cc: <freematt@coil.com>
Date: Fri, 8 Oct 1999 14:50:26 -0400
Message-ID: <000601bf11bd$fca4e7a0$e23990d1@jburnes.fastrans.net>
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Reply-To: "Jim Burnes" <jburnes@earthlink.net>
Declan et al...
I'm not familiar with this form of Bureaucratese, but it
looks like this prohibits a private citizen from offering
his weapon for sale to another private citizen via the
internet. (Even if the seller is not acting as a business.)
Not withstanding the fact that this is a violation of the
second amendment, wouldn't it also be a violation of the
first? Whats the difference between me selling a shotgun
by telling the local members of my gun club vs. selling
it by announcing online?
Jim Burnes
> -----Original Message-----
> From: Declan McCullagh [mailto:declan@well.com]
> Sent: Friday, October 08, 1999 2:26 PM
> To: cypherpunks@cyberpass.net
> Cc: freematt@coil.com
> Subject: net-gun sale restriction in juvenile justice bill
>
>
> in juvenile justice bill
> H.R.1501
>
> Violent and Repeat Juvenile Offender Accountability and
> Rehabilitation
> Act of 1999
> (Engrossed Senate Amendment)
>
> ...
>
> SEC. 1563. PROHIBITIONS ON USES OF THE INTERNET.
>
> (a) In General- Chapter 44 of title 18, United States
> Code, is amended
> by adding at the
> end the following:
>
> `Sec. 931. Criminal firearms and explosives solicitations
>
> `(a)(1) IN GENERAL- Any person who, in a circumstance
> described in
> paragraph (2),
> knowingly makes, prints, or publishes, or causes to be
> made, printed,
> or published, any
> notice or advertisement seeking or offering to receive,
> exchange, buy,
> sell, produce,
> distribute, or transfer--
>
> `(A) a firearm knowing that such transaction, if
> carried out as
> noticed or
> advertised, would violate subsection (a), (d), (g),
> or (x) of
> section 922 of this
> chapter, or
>
> `(B) explosive materials knowing that such transaction, if
> carried out as noticed
> or advertised, would violate subsection (a), (d), and (i) of
> section 842 of this title,
>
> shall be punished as provided under subsection (b).
>
> `(2) The circumstance referred to in paragraph (1) is that--
>
> `(A) such person knows or has reason to know that
> such notice or
> advertisement
> will be transported in interstate or foreign commerce by
> computer; or
>
> `(B) such notice or advertisement is transported in
> interstate or
> foreign commerce
> by computer.
>
> `(b) PENALTIES- Any individual who violates, or attempts
> or conspires
> to violate, this
> section shall be fined under this title or imprisoned
> not more than 1
> year, and both, but
> if such person has one prior conviction under this
> section, or under
> the laws of any State
> relating to the same offense, such person shall be fined
> under this
> title and imprisoned
> for not more than 5 years, but if such person has 2 or more prior
> convictions under this
> section, or under the laws of any State relating to the
> same offense,
> such person shall be
> fined under this title and imprisoned not less than 10
> years nor more
> than 20 years. Any
> organization that violates, or attempts or conspires to
> violate, this
> section shall be fined
> under this title. Whoever, in the course of an offense under this
> section, engages in
> conduct that results in the death of a juvenile, herein
> defined as an
> individual who has
> not yet attained the age of 18 years, shall be punished
> by death, or
> imprisoned for any
> term of years or for life.
>
> `(c) DEFENSES- It is an affirmative defense against any
> proceeding
> involving this
> section if the proponent proves by a preponderance of
> the evidence that--
>
> `(1) the advertisement or notice came from--
>
> `(A) a web site, notice or advertisement
> operated or created
> by a person
> licensed--
>
> `(i) as a manufacturer, importer, or dealer under
> section 923 of this
> chapter; or
>
> `(ii) under chapter 40 of this title; and
>
> `(B) the site, advertisement or notice,
> advised the person
> at least once prior
> to the offering of the product, material or
> information to
> the person that
> sales or transfers of the product or
> information will be
> made in accord with
> Federal, State and local law applicable to the buyer or
> transferee, and such
> notice includes, in the case of firearms or ammunition,
> additional
> information that firearms transfers will only be made
> through a licensee,
> and that firearms and ammunition transfers are
> prohibited to
> felons,
> fugitives, juveniles and other persons under
> the Gun Control
> Act of 1968
> prohibited from receiving or possessing firearms or
> ammunition; or
>
> `(2) the advertisement or notice came from--
>
> `(A) a web site, notice or advertisement is operated or
> created by a person
> not licensed as stated in paragraph (1); and
>
> `(B) the site, advertisement or notice,
> advised the person
> at least once prior
> to the offering of the product, material or
> information to
> the person that the
> sales or transfers of the product or information--
>
> `(i) will be made in accord with Federal,
> State and
> local law
> applicable to the buyer or transferee,
> and such notice
> includes, in the
> case of firearms or ammunition, that firearms and
> ammunition
> transfers are prohibited to felons, fugitives,
> juveniles and other
> persons under the Gun Control Act of 1968
> prohibited
> from receiving
> or possessing firearms or ammunition; and
>
> `(ii) as a term or condition for posting
> or listing the
> firearm for sale
> or exchange on the web site for a prospective
> transferor, the web site,
> advertisement or notice requires that, in
> the event of
> any agreement
> to sell or exchange the firearm pursuant to that
> posting or listing, the
> firearm be transferred to that person for
> disposition
> through a
> Federal firearms licensee, where the Gun
> Control Act of
> 1968
> requires the transfer to be made through a Federal
> firearms
> licensee.'.
>
> (b) TECHNICAL AND CONFORMING AMENDMENT- The analysis for
> chapter 44 of
> title 18, United States Code, is amended by inserting
> after the item
> relating to section
> 930 the following:
>
> `931. Criminal firearms and explosives solicitations.'.
>
