H.R. 45, or the Blair Holt Firearm Licensing and Record of Sale Act of 2009, is, on its face, a complete violation of the Second Amendment of the Constitution. Never mind the seventy-five years of gun control laws that have come before H.R. 45, the Constitution is still the ultimate law of the land, by which all other laws are to be assessed. Therefore, it seems almost pointless to go into the minutae of this new law and explain what is wrong with each and every one of its points, but I will cover the main points, nevertheless.

First of all, Section 2: Findings and Purposes makes it quite clear that the government is attempting to justify this bill on the grounds of interstate and intrastate commerce regulation. The suggestion is made that, because firearms are a part of interstate and intrastate commerce, it is unavoidable that they should be regulated just like all other goods that are shipped between and within the states. However, where this argument breaks down is that, rarely is anyone required to be licensed to own a lawnmower, a sofa or any of the millions of other products shipped across the country every day. No one is required to take and pass a test certifying that they know how to properly use a blender, a toaster or a can opener, either. Yet, if this bill becomes law, firearms – out of all the millions of products shipped each day – will become the only products for which you will be required to be licensed and certified in order to merely possess, let alone use.

The law applies only to what it calls “qualified firearms,” those being “any handgun or any semi-automatic firearm that can accept any detachable ammunition feeding device.” Antique firearms are exempt and, given this definition, so would be bolt-action rifles and single-shot or pump action shotguns, presumably, though the bill doesn’t mention these at all.

Under H.R. 45, everyone will be required to apply for and receive a license to own any “qualifying firearm” (see definition above). The requirement makes it illegal to possess such guns two years after the enactment of H.R. 45 for any guns purchased before the passage of H.R. 45 and one year after enactment for any guns purchased after the enactment of H.R. 45. So, depending upon when H.R. 45 is passed into law (it’s almost a certainty that it will be, since whatever the government feels like doing these days, it simply does, regardless of what we the people may have to say about it), you may have up to two or more years before you’ll be forced to comply with this law. By the way, did I mention that you’ll be required to be fingerprinted as part of your licensing process?

For those who fail to comply, the penalty will be a fine or two years imprisonment, or both. My bet is on both.

Who will decide the plethora of regulations that will be enacted (and no doubt periodically expanded) under this law? The Attorney General, not the Congress. So, if you don’t like the regulations, writing to your congressman will do you no good, since it’s all up to the sole discretion of Eric Holder and his successors. Not only does the Attorney General have this power under H.R. 45, but he will also have the power to “enter any place where firearms or firearms products are manufactured, stored or held, for distribution in commerce, and inspect those areas the products are so manufactured, stored or held.” As broadly worded as this is, it could be construed to mean Eric Holder and his successors can enter your home to inspect your guns. Of course, I rather doubt Eric, himself will have the time to do this, so you can probably count on an army of inspectors being hired and trained (at your expense, of course) to assume this duty. It doesn’t say anything, however, about what that inspection may consist of or what may result from it, but one can infer that, if you are unable to produce the required documentation of your registration, license and certification, your guns will be seized and you’ll be subject to arrest and punishment by fine and two years in prison.

In short, this is, by far, the most draconian gun control law ever written. This law will be used to justify the confiscation of millions of handguns and rifles throughout America. What else can be said, except that this law has to be one of the best pieces of evidence yet that we are living in a police state.