Tags: chuck | schumer | guns | s.436

Sen. Schumer Wants to Bar Accused From Owning Guns

Tuesday, 29 Mar 2011 11:23 AM

By John Lott

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A new gun law proposed by Sen. Chuck Schumer would ban people with arrests for drug violations from buying guns. Forbidding people from owning a gun without even requiring that they have been convicted of an offense?

What's next? Would Schumer support denying people the right to vote because they have simply been arrested?

He probably doesn't think that people should be prevented from voting even if they have been convicted of violent crimes such as murder or rape. You can find this bill by going to Thomas.gov and looking up bill S.436.


Bill Text
112th Congress (2011-2012)
S.436.

SEC. 104. CLARIFICATION OF THE DEFINITION OF DRUG ABUSERS AND DRUG ADDICTS WHO ARE PROHIBITED FROM POSSESSING FIREARMS.

(a) Inferences of Abuse- Section 921 of title 18, United States Code, is amended by adding at the end the following:
(c) Unlawful User of Any Controlled Substance-

(1) IN GENERAL- An inference that a person is an unlawful user of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) may be drawn based on--

(A) a conviction for the use or possession of a controlled substance within the past 5 years;
(B) an arrest for the use or possession of a controlled substance within the past 5 years;
(C) an arrest for the possession of drug paraphernalia within the past 5 years, if testing has demonstrated the paraphernalia contained traces of a controlled substance;
(D) a drug test administered within the past 5 years demonstrating that the person had used a controlled substance unlawfully; or
(E) an admission to using or possessing a controlled substance unlawfully within the past 5 years.

(2) MEMBERS OF ARMED FORCES- For a current or former member of the Armed Forces, an inference that a person is an unlawful user of a controlled substance may be drawn based on disciplinary or other administrative action within the past 5 years based on confirmed use of a controlled substance, including a court-martial conviction, nonjudicial punishment, or an administrative discharge based on use of a controlled substance or drug rehabilitation failure.




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