As Gun Sales Soar, Senator Loeffler Introduces Gun Owners Privacy Act Bill

Gun sales have soared in recent months, initially because lockdowns triggered fears of violence, and recently for self defense purposes as lawmakers and protestors call for defunding of the police.

Meanwhile, lawmakers in Washington State and elsewhere demand more gun control, a move known to mainly target legal gun owners.

“We’ve seen a significant increase in firearm purchases over the last couple weeks and more so this past week,” Ben Romanoff, who owns Ace Sporting Goods, one of this region’s largest seller of firearms. told KDKA.

Since the call for defunding police, panic resulted in further purchasing of self defensive weapons, mainly in first time owners.

Fox news reported that sales increased 80% in June compared to this time in 2019 May, with single handgun sales up 94%. Those are according to FBI statistics.

In Georgia, U.S. Senator Loeffler introduced a bill to amend chapter 44 of title 18, United States Code, to protect the rights of citizens under the Second Amendment to the Constitution of the United States.

116TH CONGRESS 2D SESSION IN THE SENATE OF THE UNITED STATES

Mrs. LOEFFLER introduced the following bill; which was read twice and referred to the Committee

A BILL to amend chapter 44 of title 18, United States Code, to protect the rights of citizens under the Second Amendment to the Constitution of the United States.

Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Gun Owner Privacy Act’’.

SEC. 2. PROTECTION OF SECOND AMENDMENT RIGHTS.

Section 922(t) of title 18, United States Code, is amended by adding at the end the following:

8CS 7Y VJY

ALB20825 S.L.C. 21  ‘‘(7)(A) None of the funds appropriated pursuant to

 any provision of law may be used for—

‘‘(i) any system to implement this subsection

 that does not require and result in the immediate destruction of all information, in any form whatsoever, submitted by or on behalf of any person who has been determined not to be prohibited from owning a firearm; or ‘‘(ii) the implementation or collection of any tax or fee by any officer, agent, or employee of the United States, or by any State or local officer or  agent acting on behalf of the United States, in connection with the implementation of this subsection.

‘‘(B) Any person aggrieved by a violation of this paragraph may bring an action in the district court of the United States for the district in which the person resides.

‘‘(C) Any person who is successful with respect to an action brought under subparagraph (B) shall receive damages, punitive damages, and such other remedies as the court may determine to be appropriate, including a reasonable attorney’s fee.’’.

Sen Leffler stands with Law Enforcement and calls for the safety of American citizens. “Yet, here we are. Mob rule in communities across America, and Democrats turning a blind eye to instead focus on blocking a commonsense, thoughtful and EFFECTIVE solution in the Justice act.”

TITLE 18 DEFINITIONS of the Title 18 here :

The term ‘‘firearm’’ means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

(5) The term ‘‘shotgun’’ means a weapon designed or redesigned, made or remade, and in- tended to be fired from the shoulder and de- signed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trig- ger.

(6) The term ‘‘short-barreled shotgun’’ means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modi- fication or otherwise) if such a weapon as modi- fied has an overall length of less than twenty-six inches.

(7) The term ‘‘rifle’’ means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or rede- signed and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.

(8) The term ‘‘short-barreled rifle’’ means a rifle having one or more barrels less than six- teen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.

(17)(A) The term ‘‘ammunition’’ means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any fire- arm.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Chapter 44:

Chapter 44 – Firearms Section 924 – Penalties

• (a)

• (1) Except as otherwise provided in this subsection, subsection (b), (c), or(f) of this section, or in section 929, whoever –
  • (A) knowingly makes any false statement or representation withrespect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
  • (B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922;
  • (C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(l); or
  • (D) willfully violates any other provision of this chapter, shall be fined under this title, imprisoned not more than five years, or both.
• (2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), title, imprisoned not more than 10 years, or both.
• (3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly –
  • (A) makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or
  • (B) violates subsection (m) of section 922, shall be fined under this title, imprisoned not more than one year, or both.
• (4) Whoever violates section 922(q) shall be fined under this title, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(q) shall be deemed to be a misdemeanor.
• (5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be fined under this title, imprisoned for not more than 1 year, or both.
• (6)
  • (A)

• (i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be

incarcerated unless the juvenile fails to comply with a

condition of probation.
• (ii) A juvenile is described in this clause if –

• (I) the offense of which the juvenile is charged is possession
of a handgun or ammunition in violation of section 922(x)(2); and (II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense.

• (B) A person other than a juvenile who knowingly violates section 922(x) –

• (i) shall be fined under this title, imprisoned not more than 1 year, or both; and
(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable

cause to know that the juvenile intended to carry or otherwise
possess or discharge or otherwise use the handgun or ammunition

in the commission of a crime of violence, shall be fined under
this title, imprisoned not more than 10 years, or both.

• (b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be fined under this title, or imprisoned not more than ten years, or both.
• (c)
  • (1)

• (A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any suc h crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime –

• (i) be sentenced to a term of imprisonment of not less than 5 years;

(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

• (B) If the firearm possessed by a person convicted of a violation of this subsection –
  • (i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a
    term of imprisonment of not less than 10 years; or
  • (ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.
• (C) In the case of a second or subsequent conviction under this subsection, the person shall –

• (i) be sentenced to a term of imprisonment of not less than 25

years; and
(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.

• (D) Notwithstanding any other provision of law –
• (i) a court shall not place on probation any person convicted

of a violation of this subsection; and
(ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or
possessed.

• (2) For purposes of this subsection, the term ”drug trafficking crime” means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).
• (3) For purposes of this subsection the term ”crime of violence” means an offense that is a felony and –
  • (A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
  • (B) that by its nature, involves a substantial risk that
    physical force against the person or property of another may be used in the course of committing the offense.
• (4) For purposes of this subsection, the term ”brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make

the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.

• (d)
• (1) Any firearm or ammunition involved in or used in any knowing violation

of subsection (a)(4), (a)(6), (f), (g), (h), (i),

• (1) Any firearm or ammunition involved in or used in any the UnitedStates or any possession thereof any firearm or ammunition in violation of section 922(l), or knowing violation of section 924, or willful violation of any other provision of this chapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, or any firearm or ammunition intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter: Provided, That upon acquittal of the owner or possessor, or dismissal of the charges against him other than upon motion of the Government prior to trial, or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law. Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure.
• (2)
  • (A) In any action or proceeding for the return of firearms orammunition seized under the provisions of this chapter, the court shall allow the prevailing party, other than the United States, a reasonable attorney’s fee, and the United States shall be liable therefor.
  • (B) In any other action or proceeding under the provisions of this chapter, the court, when it finds that such action was without foundation, or was initiated vexatiously, frivolously, or in bad faith, shall allow the prevailing party, other than the United States, a reasonable attorney’s fee, and the United States shall be liable therefor.
  • (C) Only those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of the provisions of this chapter or any rule or regulation issued thereunder, or any other criminal law of the United States or as intended to be used in

any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure, forfeiture, and disposition.

• (D) The United States shall be liable for attorneys’ fees under this paragraph only to the extent provided in advance by appropriation Acts.

• (3) The offenses referred to in paragraphs (1) and (2)(C) of this subsection are –

• (A) any crime of violence, as that term is defined in section 924(c)(3) of this title;
• (B) any offense punishable under the Controlled Substances Act(21 U.S.C. 801 et seq.) or the Controlled Substances Import and
  Export Act (21 U.S.C. 951 et seq.);
• (C) any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title, where the firearm or ammunition intended to be used in any such offense is involved ina pattern of activities which includes a violation of any offense
  described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title;
• (D) any offense described in section 922(d) of this title where the firearm or ammunition is intended to be used in such offense
  by the transferor of such firearm or ammunition;
• (E) any offense described in section 922(i), 922(j), 922(l), 922(n), or 924(b) of this title; and
  (F) any offense which may be prosecuted in a court of the United States which involves the exportation of firearms or ammunition.• (e)

• (1) In the case of a person who violates section 922(g) of this title and hasthree previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).
• (2) As used in this subsection –

• (A) the term ”serious drug offense” means –

• (i) an offense under the Controlled Substances Act (21 U.S.C.

801 et seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement

Act (46 U.S.C. App. 1901 et seq.) for which a maximum term of
imprisonment of ten years or more is prescribed by law; or

• (ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for which a

maximum term of imprisonment of ten years or more is prescribed
by law;

• (B) the term ”violent felony” means any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for such term if committed by an adult, that –

• (i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
• (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another; and (C) the term ”conviction” includes a finding that a person has committed an act of juvenile delinquency involving a violent
  felony.

• (f) In the case of a person who knowingly violates section 922(p), such person shall be fined under this title, or imprisoned not more than 5 years, or both.
• (g) Whoever, with the intent to engage in conduct which –
  • (1) constitutes an offense listed in section 1961(1),
  • (2) is punishable under the Controlled Substances Act (21U.S.C. 802 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.),
  • (3) violates a ny State law relating to any controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), or
  • (4) constitutes a crime of violence (as defined in subsection
    (c)(3)), travels from any State or foreign country into any other State and acquires, transfers, or attempts to acquire or transfer, a firearm in such other State in furtherance of such purpose, shall be imprisoned not more than 10 years, fined in accordance with this title, or both.

• (h) Whoever knowingly transfers a firearm, knowing that such firearm will be used to commit a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more than 10 years, fined in accordance with this title, or both.
• (i)
  • (1) A person who knowingly violates section 922(u) shall be fined underthis title, imprisoned not more than 10 years, or both.
  • (2) Nothing contained in this subsection shall be construed as indicatingan intent on the part of Congress to occupy the field in which provisions of this subsection operate to the exclusion of State laws on the same subject matter, nor shall any provision of this subsection be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this subsection.

• (j) A person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shall –

• (1) if the killing is a murder (as defined in section 1111), be punished by death or by imprisonment for any term of years or for life; and
(2) if the killing is manslaughter (as defined in section
1112), be punished as provided in that section.

• (k) A person who, with intent to engage in or to promote conduct that –

• (1) is punishable under the Controlled Substances Act (21
  U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.);
• (2) violates any law of a State relating to any controlled
  substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or
• (3) constitutes a crime of violence (as defined in subsection
  (c)(3)), smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned not more than 10 years, fined under this title, or both.
  • (l) A person who steals any firearm which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.
  • (m) A person who steals any firearm from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall be fined under this title, imprisoned not more than 10 years, or both.
  • (n) A person who, with the intent to engage in conduct that constitutes a violation of section 922(a)(1)(A), travels from any State or foreign country into any other State and acquires, or attempts to acquire, a firearm in such other State in furtherance of such purpose shall be imprisoned for not more than 10 years.

• • (o) A person who conspires to commit an offense under subsection (c) shall be imprisoned for not more than 20 years, fined under this title, or both; and if the firearm is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life.