How Bipartisan Bill H.R. 452 Will NOT Infringe on 2nd Amendment Gun Rights

On March 12, my Letter to the Editor of the Pottstown Mercury  about gun legislation was published which was essentially a highly condensed version of 2 lengthy letters to Representative Jim Gerlach (R-PA-6) and my impressions of my meeting with him in February. Although I was happy that my letter had been published, I knew there would be a rash of knee-jerk angry responses from local gun enthusiasts accusing me of wanting to infringe upon their 2nd Amendment rights. Not surprisingly, there have been 3 Letters to the Editor published in the Mercury in response to my March 12th letter, and all 3 of these mention me by name. See Letters to the Editor by Virginia Metzger of Spring City, Dan McMonigle of Newtown Square & Thomas McCabe of Phoenixville

Since I am not allowed to submit a rebuttal in response to the above-referenced letters until April 12 per the Mercury's rules, I am posting my first draft here. I know that there is obvious personal bias and liberal rhetoric in my letter, but the one piece of legislation that I specifically asked Rep. Gerlach to support, H.R. 452, the Gun Trafficking Prevention Act of 2013, would NOT prevent law-abiding citizens from exercising their 2nd Amendment rights, contrary to what some of my critics say. Below are some interesting quotes and facts about this bill:

As of today, H.R. 452 has 102 co-sponsors, 6 of which are from Pennsylvania on both sides of the aisle:

Republicans - Rep. Meehan, Patrick (R-PA-7)* and Rep. Fitzpatrick, Michael G. (R-PA-8)       

Democrats - Rep. Cartwright, Matt (D-PA-17), Rep. Schwartz, Allyson Y. (D-PA-13), Rep. Fattah, Chaka [D-PA-2] and Rep. Brady, Robert A. (D-PA-1)     

One of the original co-sponsors of this bipartisan bill, Representative Patrick Meehan (R-PA-07) had this to say about H.R. 452, “As a former federal prosecutor, I’ve seen firsthand the challenges faced by law enforcement personnel fighting to keep guns out of the hands of criminals. This legislation will give law enforcement critical tools they need to combat gun violence while protecting the constitutional rights of law-abiding Americans to keep and bear arms.” (Rep. Meehan was the U.S. Attorney for the Eastern District of Pennsylvania from 2001 - 2008)

In a press release, another one of the original co-sponsors of H.R. 452, who happens to be a proud gun-owner and a lifetime member of the NRA, Representative Scott Rigell (R-VA-20), explains "This legislation is directed at keeping guns out of the hands of criminals. The murders of our first responders in New York on Christmas Eve with a straw purchased firearm was a tragedy, and we must find common ground to lessen the level of gun violence in the United States. That is what the Gun Trafficking Prevention Act of 2013 does." Rigell's press release also summarizes what the bill would accomplish:

    Amends Chapter 44 of title 18 to create a new Section 932 to address firearms trafficking.

    Prohibits purchasing, attempting to purchase, or transferring a firearm with the intent to deliver the firearm to a person who the transferor knows or has reason to believe is prohibited from possessing a firearm under federal or state law.

    Prohibits intentionally providing false or misleading material information on an ATF transaction record form in connection to the purchase or transfer of a firearm.

    Prohibits knowingly directing, promoting, or facilitating a violation of this section.

    Provides an exception for gifts that would not otherwise violate the law and certain transfers at death.

    Imposes a fine and/or a maximum penalty of 20 years imprisonment for violations of this section.

    Provides a five year penalty enhancement for organizing, supervising, or otherwise managing five or more persons who violate this section.

    Imposes a fine and/or a maximum penalty of 10 years for conspiracy to violate this section.

    Instructs the U.S. Sentencing Commission to review and amend, if appropriate, the federal sentencing guidelines applicable to convictions under this section and to adjust the penalty structure based on the number of firearms involved in the offense.

I'm not an attorney but I think it's pretty clear that H.R. 452 does not target the rights of law-abiding citizens.