Sister Time

Of course I took a picture. It wouldn't have been right not to.


Sue Hlavac, Katie Pohanka, Annie Hrubik, Mary Miklovic
...the surviving Cipkar sisters...
...aging gracefully...

Bittersweet

Having put away the turkey, we trekked north to the Land of Fabled Health Care. We saw Aunt Sue, who didn't quite remember who I was at first (being 91 may have some disadvantages), and then Aunt Mary, who seemed resigned to her fate as prisoner in a nursing home. She looked well and appeared to be adequately taken care of. Uncle George was our host for Friday and Saturday nights; and Cuzzin Willie threw a spectacular bash (he is becoming famous for that!) Saturday night, complete with his traditional roast pig.

The weekend did have its somber spots. Saturday afternoon was the funeral for Helen Varga, and in the evening, we met Sybil and Serena Kamasz after the testimonies at church. Sybil stunned us with the news (news to us, at least) that Gus had passed away 10 months ago to the day.

Gus Kamasz I counted as one of those people who was a "straight arrow". He immigrated to Canada from Communist Hungary as a young man, and while his English always had something of an accent, he was meticulous about his word usage and pronunciation. Like my father-in-law, he was scornful of those who were born in this country (or Canada) and were ignorant of proper English grammar. However, he had an extremely compassionate side reserved for those who were victims of misfortune and were in need of instruction and assistance. Gus and I got along famously. We could have significant disagreements and still talk and work together as brothers. We saw each other only a few times after he moved his family to Kitchener, and we moved back to Ohio, but I will miss him nonetheless. Sybil said he went out to get the snowblower from the garage, started it and put it in the driveway, came into the house to sit down for a moment, and asked her to keep an eye on it. She began to walk toward the door, heard a coughing sound from him, turned around, and he was gone. January 28, 2009.

Finally, this weekend gave me a chance to meet some more family. The Hrubik Boys from Glozan, at the turn of the last century (1900), were Paul, Mike, and John. Mike and John each had sons they named Carl (Karol). Dad corresponded with his cousin, Karol; Karol had a son (also Karol) and a daughter, Rose. I had met Rose's daughter, Caroline, many years ago, but this morning I met Rose. I also met Karol's grandson (Rose's nephew) Vladimir Hrubik, who had emailed me back in September asking me to read his new book, "When They Say Peace, Seek Shelter". So here's a plug for his book, which I have not yet read (although Willie says he has read the first chapter and part of the second but just has not had time to finish it). It's available at Amazon, Google, Barns & Noble, Author House and others.

At lunch, we sat with John and Susie Stajfer (Susie is Mom's cousin, daughter of Steve Cipkar Sr.). John's mother was a Miklovic (ah -- is Jaroslav lurking?) and I told them about the blog comments and emails I had had from both "Miklovic" and "K_C34". John said he didn't know too much about the Miklovic side of the family; he claimed he had tried to talk to his uncles at a family picnic in Cleveland years ago but the old folks suspected the younger ones of being Bolsheviks and wouldn't have too much to do with them. However, shortly after lunch, someone tapped me on the back and, when I turned around, asked if I knew who she was. She announced that she was Kathy Cipkar -- John and Susie were standing there with her, with big smiles on their faces. Kathy is K_C34's mother. We had an interesting chat.

'Nuff gossip. Time to catch some z's. Work to do tomorrow.

'Tis the Season

The commercialization of Christmas has always been troubling to me. It has been my experience that picking out gifts for people is difficult, maybe because of my practical side, but I'm always thinking about what someone might need or even use as opposed to just buying something and shoving it at them because it is expected at this time of year. Maybe that statement came out a bit raw, but the following article by George Will sort of hit my hot button :

Scroogenomics

However, my greater concern this season (as in the past several since the economic contraction began) is not so much the spending of money on senseless items, but the fact that people invariably borrow to do so. Coupled with recent notices by credit card companies to their customers that rates are going to be rising sharply (Capital One, for example, will be applying a 39.9% rate to some of its customers, and most card companies have put people -- even their best customers -- on notice that they can expect charges ranging from 19.9% - 29.9% on ordinary balances), the December bash will unhappily become a February surprise for many of these people. The great deals that people are rushing to embrace, paying with plastic today (Black Friday), will turn out to be ulcer-makers down the road.

The ultimate effect on consumer ability to spend will kick in some time in the Spring of 2010, as people struggle to pay for Christmas 2009. Consumer confidence and ability to spend are key to economic recovery, and I see a rocky road ahead.

Thinking Inside the Box

Don't spend too much time thinking "inside the box".
You will have plenty of time for that later.

Big Hal

I left a few pepper plants inside the greenhouse when I transplanted everything else outside. They are still growing and blooming while their siblings have died and gone to compost heaven. One of the jalapeno pepper plants produced some VERY large fruit :


These were meaty, which I find to be a typical jalapeno trait, and not at all hot except in the immediate vicinity of the seeds. Maybe next summer I can work on this strain some more.

Clearly an Improvement

When I built the Cloudyhouse, I covered it with clear polyethylene film, intending to replace it annually due to it not being UV resistant. The covering was put on at the end of March;



unfortunately, by the beginning of July it looked like this :



So, I sprang for a dozen sheets of corrugated polycarbonate that is supposed to be UV resistant. In the process, new framing members had to be installed. It now looks like this :




No longer a cloudyhouse is it. It still needs some weatherstripping added, and then some clear silicone caulk. There are still some peppers inside that are ripening (slowly), and I need to plant one last batch of lettuce to see if I can have some greens until Christmas. As cold as it has been, though, I have my doubts. Maybe I can start onions and cabbages in February -- we'll see!

The N_B_L Prize

I've heard tell that Biblical Hebrew has no vowels. I learned today that the President of the World won a prize for talking about Hope and Change. The N_B_L Prize. I looked it up in the Bible. I Samuel 25:25. 'Nuff said.

Today's twisty thinking looped around the commonality of fraud in our society. Strangely enough, the sequence of neuronal activity began with a statement by a spokesman for someone whom I respect quite a bit for his clear insight into spiritual matters. The statement that "For a gift of any amount we will send you ..." triggered musing about fraudulent activity by those who purport that honesty is the only policy they will subscribe to.

I realize that the writing of books is a serious and time consuming process, and I fully respect the concept of wanting to be paid for one's labors. I also respect and defend the idea that a person may sell his property for any amount which the market might bear, or even give it away, as he so chooses. While I have not sent that particular person any "gifts", I have sent donations to other such entities (without any expectation of a "gift" in return), and have received a receipt from the donee for tax deduction purposes.

IRS regulations require that when claiming a deduction for a charitable or other non-profit or political contribution, if any item of value has been received in return, the Fair Market Value of that item must be disclosed on the receipt, and only the amount of the donation greater than the value of the item given to the donor can be claimed as a deductible contribution. Well and good.

That Fair Market Value can often be easily established because the item returned to the donor as a gift is an item regularly sold by the donee. In any event, by IRS standards, a "gift" that is received in return for a solicited "contribution" of money is an exchange. Any amount above the Market Price of the item is then recognized by the IRS as a contribution. However, if the exchange takes place on acceptance of a "gift of any amount", the possibility exists that the donor will receive a "gift" worth more than what he "gave" for it. Such an exchange leaves the donor with what is clearly a taxable gain by IRS standards.

In fact, when the solicitation leads a donor to believe that he is getting a "gift" in return for his donation, should the donee actually give the item at no cost to someone who has made no contribution, and then turn around and report on the IRS-required receipt that the value of the "gift" is $X.xx to the donor responding to the solicitation, the donee has clearly lied to the publican. By IRS standards, if the item can be obtained for free, its Market Value is $0.00, but if the Market Value is truly $X.xx and he has given it away, then the only equitable course of action is to inform the person getting the item that he has just been given a "gift" the value of which must be reported on his income tax form as taxable income.

Just as evil is the situation for the person who gave a "gift of any amount". If the item to be given in return is actually worth $0.00 because it can be had for free by somebody who has no money to give, then any Market Value stated on the receipt defrauds the donor of a possible tax deduction amount.

Similarly, when a church holds a fund-raising dinner and there is a "suggested donation" amount indicated for the meal, only the amount donated that is above the "suggested donation" is legally tax deductible for the donor, and technically, if such a meal is given free to someone who cannot afford the "suggested donation", the "suggested donation" amount is taxable income to the poor person.

Aha, says you, Grandpa Jim is a LEGALIST without care for the unfortunate. Such accusers may well deserve the N_B_L Prize. To lawyer one's way around the IRS regulations is legalism at its finest.

My position is simply this : a "gift" should be given with no expectation of anything in return.

The bottom line is that when you sign that income tax return, you state that everything you wrote down in it is true. In order to fill it out properly, you have to follow the directions that came with it, and accept the definitions that the government uses for the questions and statements on the form. Anyone who signs the form using their own definitions and not altering the form to insert those definitions, is a liar.

Of course, some brave soul might cross off the affidavit just above his signature on the tax return. That produces other kinds of problems. Honesty may be expensive and inconvenient, but when the people of any nation set aside their individual integrity, that nation is ripe for judgment.

2009 has Fall-en

'Tis Fall of '09. The summer is gone. So is most of the garden. I have been eating the Golden Delicious apples for the past week or so (somebody has to know when they are ripe, and I elected myself Chief Ripeness Tester) and tonight I decided to pick the tree clean. The yellowjackets are running out of other things to eat and they were starting to make some serious holes in the apples. Ergo, I picked.

The front basket has apples that the yellowjackets had attacked.
This is the second crop that this dwarf tree has produced. The year before last it had a dozen or so apples, and last year had nary a bloom, but this year it bloomed heavily. I was unable to spray after mid-July due to rains at the wrong time and my long commute eating up over 3 hours of each day, but the apples are relatively bug free.

And they are indeed delicious.

Rooster Tales

Just a quickie before I have to settle down to some serious work.

About two weeks ago, I was verifiying the tax card on a house in Middlefield. As I pulled in the driveway, I could hear a rooster crowing on the adjacent property. Exiting the car, I was taking some notes (vacant house, looked like it was in less than average condition, etc) when I noticed a Barred Rock rooster sneak out of the bushes and begin to circle me. Head held low, it crept around to examine what it had found. Then, like a Jurrasic Park velociraptor, it charged.

As it neared my legs, I flipped down my clipboard and knocked it to the side. This was repeated about a half dozen times.

Finally, I decided that I had to get on with my work, took out the measuring wheel, and ran it on the ground in the direction of the rooster. He fled into the bushes and did not return. People he understood -- my guess is that he had lots of experience with them running in terror at his attacks. The wheel, however, was an unknown, may have represented a predator like a big cat, as it crept along the ground, and was something to avoid.

Two morals to this story. One : bullies only pick on people they are certain to intimidate. Two : roosters are far more effective for area defense than the average dog.

I would hate to face a rooster the size of the average dog.

...

Obstructionist : a lemming who refuses to hurry.

Auld Lang Syne

T'other day I received an email from Joe Harrison stating that the date of the CG Reunion had been changed to August 15, and querying if I could make that date. While I had plans already for later in the day, I quickly made sure I could spend a few hours with the old guys.

Maybe I should start near the beginning. There are times when it makes sense to go through a wallet and remove stuff that really no longer needs to be there. Such an item is my draft card. It has been over 26 years since I was legally required to carry it, so it is time it went into the drawer with a lot of other old stuff.



One of the things that people who haven't seen me since high school notice is that I am no longer 5 feet 8 inches tall and 120 pounds. In fact, if they remember me at all, it is as the kid who was only 5 feet 2 and wrestled at 98 pounds in his junior year. The draft registration card shows that I was still in the growth spurt, and, in fact, when I started my sophomore year at Akron U, the ROTC Department had to reissue my dress greens because I had grown out of the set they had issued the year before.

The 1-H classification was issued after I notified the board that I had gotten married. Viet Nam was winding down, and they were not likely to bother me again.

When I registered, in 1965, I was given a 2-S deferment. ROTC was mandatory for male students at Akron U then, and I simply took what they stuck me in, which was Army ROTC. Just after the Spring 1966 semester began, I was on campus one Saturday and ran into a bunch of guys in fatigues, doing PT in the snow and drill with real M-1s. One thing led to another and I ended up in the Counterguerilla Unit. When Spring Break came, instead of going to Florida, I found myself in the woods eating Tom Hastler's cooking.


Carefull!! That is a 23 meg + .pdf !!

Of course, some 43 years later, we all look a bit different :



So we sat around swapping condensed versions of our life stories since graduation. Eddie treated us to a demonstration of the fact that he still knew how to field strip and reassemble an M-1. Not quite 8 seconds any more. Not quite. He did avoid "M-1 thumb", though.

Was ROTC useful? I think so. Cadets were taught to say "Yes, Sir" and "No, Sir", and that only a woman would wear a hat inside a building. They were taught to polish their shoes and tie their ties. They were taught the difference between their left foot and their right foot, and how to walk with other people without tangling up their legs. These are all useful skills for college graduates (or even high school graduates -- Eddie teaches ROTC at Garfield High in Akron) and it is amazing how many people complete a college degree without knowledge of such simple civilizing graces. The jungle always encroaches when civilization retreats.

Chicken Wars!

Saturday is a kick-back day sometimes. Today, I had nothing that was screaming "URGENT!" in my mind, so I was slow to get out of the rack. Thus it was that I was jolted from semi-slumber by the phone call at 6:15 AM from Cousin X ( the X is the chromosome identifier, and I won't go any further than that ) to inform me that she and her family were moving, and to give me their new address. It seems their prior landlord would not fix a problem with the apartment, so they had to find a new place. Also, would I please call her sister and let her know they had moved?

Frankly, I'm a bit flattered that I rank so high in her pecking order, even if it left me shaking my head over the timing of the call. Somehow, the incident led me to thinking about groceries ( at this point, I don't think we will take them any, since she didn't request help, and on top of that, I didn't ask since I was still not thinking too clearly due to my somnia ). If you don't like my invention of new words, too bad. Besides, she has my phone number. Anyhoo, the incident fired my neurons and soon I was off on a rabbit trail regarding food, and I eventually recalled an article in the local rag about a state-wide ballot issue the Humane Society is pushing to force farmers to supply bigger cages for their livestock.

The trail began with the phone call, leaped to the blog posts I was planning to do regarding the return on investment from rental properties, hopped over to my data gathering at the Geauga County Fairgrounds, bounced around the concept of value in use, acknowledged that I needed to get information on the local cost of boarding horses, briefly touched on the costs of veterinary treatment ( because I am going to ultimately have to try to develop value opinions for a couple of vet hospitals ), ricocheted off the dangers of parasites in pastureland, flip-flopped to the fact that local produce is probably more dangerous than Mexican imports, and sat down on the cage article. If you attempt to psychoanalyze me, I guarantee to drive you crazy.

In previous posts, I went into some detail regarding parasitic worms that affect people. I am much impressed by the existence of parasitic worms, because in Beauval we had many graphic lessons, from doggy doo to fish for the table, which made us wary of trusting food in its most natural state. There are quite a few people in our land who are strict vegetarians, and many who think the best way to serve food is raw. They are entitled to their opinions, and I have no desire to force them to eat otherwise. I am quite aware, however, that gastric discomfort can result from something as simple as drinking water from a well that one has never used before, and I have experienced diarrhea from sampling veggie trays at parties. In fact, the first couple of salads fresh from my own garden are likely to trigger funny stuff if the produce isn't cleaned well.

Grazing animals are particularly subject to parasitic organisms that spend part of their life cycle in low-lying vegetation. Watercress eaters probably have liver flukes, and I suspect that most vegetarians are skinnier than the population at large, not because of the lack of fat in their diet, but, because of their internal zoo which shares their nutrient supply. Trichina in pork was once a problem in this country, but after pigs began to be kept in smaller pens and couldn't free-range and eat rats and mice that hosted the intermediate stages, the disease practically disappeared. Chickens are also omnivores ( T. rex with feathers ) and if they get a chance, they will eat any rodent that crosses their pen -- we used to catch mice and throw them into the middle of the chicken yard and watch the action.

All the arguments about how good-tasting free-range livestock is tends to ignore the fact that part of the good taste comes from the stuff that buzzards eat. I would be willing to put money on the idea that free-range chickens and pigs (and cows and sheep and goats ) have worms that can be passed on to their eaters. That is not a gamble, because it is almost 100% certain. So we come to cages, and whether or not they are cruel.

Many of the Humane-ists see nothing wrong with keeping their dog or cat in the house. That is cruel, because both are hunting animals that need to roam and kill in order to be mentally well adjusted. Further, dogs are pack animals, and have a social need to be with other dogs. They think humans are poor substitutes for dogs, a fact which is easily shown as soon as they come into proximity with another of their own species -- they immediately sniff anuses. In addition, to neuter them is to deprive the male dog or cat of the joy of procreation and the female dog or cat of the satisfaction of maternity; such neutering is cruel in the extreme. Nevertheless, these same people would argue that keeping a laying hen in a cage so small it could barely turn about in, for the purpose of safety and hygiene, is cruel.

The chicken in a cage has controlled feed -- no wild critters in its provender to give it worms. It is kept clean -- no straw to collect chicken dumpings, since the mess drops through the bottom screens and gets taken away. It is safe -- no chicken hawks threatening from above, no skunks, raccoons, or dogs on the ground, and no peers to harass. I did forget to mention, didn't I, that chickens are known for their cannibalism? They have a pecking order. You put them in a flock, in the chicken yard with all kinds of room to roam, and they will establish the pecking order. Bottom ranking hen gets pecked by everyone else. She gets her feathers pulled out. Woe be to her if she starts to bleed, because at that point the whole flock will attack and eat her. She is much better off in the cage.

As a matter of fact, the optimum cage size is just the size of the chicken. She can sit or stand, and being very stupid, has no need to turn around, since the feed only goes in one end, and the eggs come out the other, and if the chicken turns around, there will be disaster in the cage. Farmers are not only smart, they are practical. Those are two characteristics that are underdeveloped in the Humane-ists.

Prior to Walt Disney and his anthropomorphic mice, attitudes toward animals tended to be realistic. Those who have been brainwashed into thinking that Bambi, the Snow White menagerie, and other cartoon animals represent reality have forgotten the facts of nature. Abuse is defined by society, and the definition will vary from place to place. In essence, it is a religious argument. Animal worship is a subset of human self-worship. Love me, love my dog. I am an absolutely irritating philosopher, am I not?

They Are Back

I haven't seen much of our local deer since spring. Then, while in the garden this evening, ...



A loner. Probably a buck. Season doesn't open until 9-26. I'm gonna need a crossbow for this job.

While I wish I could use the SMLE, it scares me. Houses behind the garden. I'm not too worried about a miss; its just that a deer isn't too "thick". Even a soft-point coming out the other side could be dangerous, and the black bear was "thick" and still had a decent exit hole. And I remember Chuck's rabbit. The one that was hiding behind the telephone pole, with just a fringe of hair sticking up. And the shot that went through the telephone pole and turned him into a yard wide hasenpfeffer. Even if that was a full metal jacket round. Old Smiley has a lot of oomph.

Gotta get a crossbow. And I have to fix the shed loft so it makes a comfy blind.

Radishculous!

We bought our beet seed at Copley Feed this year. Detroit Dark Reds. Shortly after it was planted, I noted that one of the sprouts looked a bit strange -- too green among beet greens tinged with red. Sunday I went out to pull a few (have to thin them, you know) and I decided that the oddball would be the first victim. As I bent to pull it, I was flabbergasted by size of the root. I pulled, and out came a monstrosity.



It was a radish. I wish my father-in-law could have seen this one! Despite the size, it was tender and relatively sweet inside. Usually big radishes are stringy and vilely "hot". We have been slicing it and using it; one slice covers a half slice of bread.



My regret is that I didn't leave it to go to seed. This one could get the Darwin Award for sure. Maybe I can clone it -- make the top sprout roots. Maybe.

Indian Country

Joonyah and I were talking about old times and we decided to visit Beauval again. Our ticket was provided by Google maps. Thirty years ago, this was home. The Canadian Department of Indian and Northern Affairs paid me to teach in this lovely backwater, and provided housing at a nominal cost. We left in 1980 because the Government of Saskatchewan would not allow me to keep my teaching certificate unless I became a Canadian citizen. When we left, the school and its grounds had just been turned over to the English River Band.

The old residential school building is no longer standing. The shop down by the river, where I rebuilt my truck engine, is gone. The hockey rink, which was lovingly maintained by both students and staff, is no more. Joonyah pointed out that the old school bus still seems to be parked in the back, though. Some of the best years of our lives were spent in this isolated (at that time) backwater. The memories of what was then still make me a bit homesick, but I think we left at the right time.



------------------


This is a better shot that I stole from somebody's web page. My biology / chemistry lab was in the low section of the new addition on the far right. That is Lac La Plonge in the distance.

It seems the residence shut down in 1983, just 3 years after we left. We definitely left at the right time.

Congress Proposes Hate Crime(against citizens)

How many Chicago politicians does it take to start a new American Revolution?

Notice the power given to the Attorney General, an appointed official, to determine who can own a firearm, how much his license will cost, and any additional regulations he deems necessary.

Look at Section 601. It is time for the legislatures and governors of the States to stand up and declare that their States are not bound by any act of Congress which attempts to override the literal text of the United States Constitution.

-------------------

H.R.45

Blair Holt's Firearm Licensing and Record of Sale Act of 2009 (Introduced in House)

---

HR 45 IH

111th CONGRESS

1st Session

H. R. 45

To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 6, 2009

Mr. RUSH introduced the following bill; which was referred to the Committee on the Judiciary

---

A BILL

To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as `Blair Holt's Firearm Licensing and Record of Sale Act of 2009'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definitions.

TITLE I--LICENSING

Sec. 101. Licensing requirement.

Sec. 102. Application requirements.

Sec. 103. Issuance of license.

Sec. 104. Renewal of license.

Sec. 105. Revocation of license.

TITLE II--RECORD OF SALE OR TRANSFER

Sec. 201. Sale or transfer requirements for qualifying firearms.

Sec. 202. Firearm records.

TITLE III--ADDITIONAL PROHIBITIONS

Sec. 301. Universal background check requirement.

Sec. 302. Failure to maintain or permit inspection of records.

Sec. 303. Failure to report loss or theft of firearm.

Sec. 304. Failure to provide notice of change of address.

Sec. 305. Child access prevention.

TITLE IV--ENFORCEMENT

Sec. 401. Criminal penalties.

Sec. 402. Regulations.

Sec. 403. Inspections.

Sec. 404. Orders.

Sec. 405. Injunctive enforcement.

TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

Sec. 501. Duties of the Attorney General.

TITLE VI--EFFECT ON STATE LAW

Sec. 601. Effect on State law.

Sec. 602. Certification of State firearm licensing systems and State firearm record of sale systems.

TITLE VII--RELATIONSHIP TO OTHER LAW

Sec. 701. Subordination to Arms Export Control Act.

TITLE VIII--INAPPLICABILITY

Sec. 801. Inapplicability to governmental authorities.

TITLE IX--EFFECTIVE DATE

Sec. 901. Effective date of amendments.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress finds that--

(1) the manufacture, distribution, and importation of firearms is inherently commercial in nature;

(2) firearms regularly move in interstate commerce;

(3) to the extent that firearms trafficking is intrastate in nature, it arises out of and is substantially connected with a commercial transaction, which, when viewed in the aggregate, substantially affects interstate commerce;

(4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce;

(5) gun violence in the United States is associated with the majority of homicides, over half the suicides, and two-thirds of non-fatal violent injuries; and

(6) on the afternoon of May 10, 2007, Blair Holt, a junior at Julian High School in Chicago, was killed on a public bus riding home from school when he used his body to shield a girl who was in the line of fire after a young man boarded the bus and started shooting.

(b) Sense of the Congress- It is the sense of the Congress that--

(1) firearms trafficking is prevalent and widespread in and among the States, and it is usually impossible to distinguish between intrastate trafficking and interstate trafficking; and

(2) it is in the national interest and within the role of the Federal Government to ensure that the regulation of firearms is uniform among the States, that law enforcement can quickly and effectively trace firearms used in crime, and that firearms owners know how to use and safely store their firearms.

(c) Purposes- The purposes of this Act and the amendments made by this Act are--

(1) to protect the public against the unreasonable risk of injury and death associated with the unrecorded sale or transfer of qualifying firearms to criminals and youth;

(2) to ensure that owners of qualifying firearms are knowledgeable in the safe use, handling, and storage of those firearms;

(3) to restrict the availability of qualifying firearms to criminals, youth, and other persons prohibited by Federal law from receiving firearms; and

(4) to facilitate the tracing of qualifying firearms used in crime by Federal and State law enforcement agencies.

SEC. 3. DEFINITIONS.

(a) In General- In this Act:

(1) FIREARM; LICENSED DEALER; LICENSED MANUFACTURER; STATE- The terms `firearm', `licensed dealer', `licensed manufacturer', and `State' have the meanings given those terms in section 921(a) of title 18, United States Code.

(2) QUALIFYING FIREARM- The term `qualifying firearm' has the meaning given the term in section 921(a) of title 18, United States Code, as amended by subsection (b) of this section.

(b) Amendment to Title 18, United States Code- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(36) The term `qualifying firearm'--

`(A) means--

`(i) any handgun; or

`(ii) any semiautomatic firearm that can accept any detachable ammunition feeding device; and

`(B) does not include any antique.'.

TITLE I--LICENSING

SEC. 101. LICENSING REQUIREMENT.

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

`(aa) Firearm Licensing Requirement-

`(1) IN GENERAL- It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the applicable date, unless that person has been issued a firearm license--

`(A) under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, which license has not been invalidated or revoked under that title; or

`(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, which license has not been invalidated or revoked under State law.

`(2) APPLICABLE DATE- In this subsection, the term `applicable date' means--

`(A) with respect to a qualifying firearm that is acquired by the person before the date of the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, 2 years after such date of enactment; and

`(B) with respect to a qualifying firearm that is acquired by the person on or after the date of the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, 1 year after such date of enactment.'.

SEC. 102. APPLICATION REQUIREMENTS.

(a) In General- In order to be issued a firearm license under this title, an individual shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include--

(1) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;

(2) the name, address, and date and place of birth of the applicant;

(3) any other name that the applicant has ever used or by which the applicant has ever been known;

(4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;

(5) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;

(6) a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;

(7) a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding--

(A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;

(B) the safe handling of firearms;

(C) the use of firearms in the home and the risks associated with such use;

(D) the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and

(E) any other subjects, as the Attorney General determines to be appropriate;

(8) an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;

(9) the date on which the application was submitted; and

(10) the signature of the applicant.

(b) Regulations Governing Submission- The Attorney General shall promulgate regulations specifying procedures for the submission of applications to the Attorney General under this section, which regulations shall--

(1) provide for submission of the application through a licensed dealer or an office or agency of the Federal Government designated by the Attorney General;

(2) require the applicant to provide a valid identification document (as defined in section 1028(d)(2) of title 18, United States Code) of the applicant, containing a photograph of the applicant, to the licensed dealer or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that dealer, office, or agency; and

(3) require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the licensed dealer or office or agency of the Federal Government, as applicable.

(c) Fees-

(1) IN GENERAL- The Attorney General shall charge and collect from each applicant for a license under this title a fee in an amount determined in accordance with paragraph (2).

(2) FEE AMOUNT- The amount of the fee collected under this subsection shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subsection during a fiscal year is sufficient to cover the costs of carrying out this title during that fiscal year, except that such amount shall not exceed $25.

SEC. 103. ISSUANCE OF LICENSE.

(a) In General- The Attorney General shall issue a firearm license to an applicant who has submitted an application that meets the requirements of section 102 of this Act, if the Attorney General ascertains that the individual is not prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.

(b) Effect of Issuance to Prohibited Person- A firearm license issued under this section shall be null and void if issued to a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.

(c) Form of License- A firearm license issued under this section shall be in the form of a tamper-resistant card, and shall include--

(1) the photograph of the licensed individual submitted with the application;

(2) the address of the licensed individual;

(3) the date of birth of the licensed individual;

(4) a license number, unique to each licensed individual;

(5) the expiration date of the license, which shall be the date that is 5 years after the initial anniversary of the date of birth of the licensed individual following the date on which the license is issued (or in the case of a license renewal, following the date on which the license is renewed under section 104);

(6) the signature of the licensed individual provided on the application, or a facsimile of the application; and

(7) centered at the top of the license, capitalized, and in boldface type, the following:

`FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.

SEC. 104. RENEWAL OF LICENSE.

(a) Application for Renewal-

(1) IN GENERAL- In order to renew a firearm license issued under this title, not later than 30 days before the expiration date of the license, the licensed individual shall submit to the Attorney General (in accordance with the regulations promulgated under paragraph (3)), in a form approved by the Attorney General, an application for renewal of the license.

(2) CONTENTS- An application submitted under paragraph (1) shall include--

(A) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;

(B) current proof of identity of the licensed individual; and

(C) the address of the licensed individual.

(3) REGULATIONS GOVERNING SUBMISSION- The Attorney General shall promulgate regulations specifying procedures for the submission of applications under this subsection.

(b) Issuance of Renewed License- Upon approval of an application submitted under subsection (a) of this section, the Attorney General shall issue a renewed license, which shall meet the requirements of section 103(c), except that the license shall include the current photograph and address of the licensed individual, as provided in the application submitted under this section, and the expiration date of the renewed license, as provided in section 103(c)(5).

SEC. 105. REVOCATION OF LICENSE.

(a) In General- If an individual to whom a license has been issued under this title subsequently becomes a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm--

(1) the license is revoked; and

(2) the individual shall promptly return the license to the Attorney General.

(b) Administrative Action- Upon receipt by the Attorney General of notice that an individual to whom a license has been issued under this title has become a person described in subsection (a), the Attorney General shall ensure that the individual promptly returns the license to the Attorney General.

TITLE II--RECORD OF SALE OR TRANSFER

SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.

Section 922 of title 18, United States Code, as amended by section 101 of this Act, is amended by adding at the end the following:

`(bb) Unauthorized Sale or Transfer of a Qualifying Firearm- It shall be unlawful for any person to sell, deliver, or otherwise transfer a qualifying firearm to, or for, any person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, or to receive a qualifying firearm from a person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless, at the time and place of the transfer or receipt--

`(1) the transferee presents to a licensed dealer a valid firearm license issued to the transferee--

`(A) under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2009; or

`(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt's Firearm Licensing and Record of Sale Act of 2009 established by the State in which the transfer or receipt occurs;

`(2) the licensed dealer contacts the Attorney General or the head of the State agency that administers the certified system described in paragraph (1)(B), as applicable, and receives notice that the transferee has been issued a firearm license described in paragraph (1) and that the license remains valid; and

`(3) the licensed dealer records on a document (which, in the case of a sale, shall be the sales receipt) a tracking authorization number provided by the Attorney General or the head of the State agency, as applicable, as evidence that the licensed dealer has verified the validity of the license.'.

SEC. 202. FIREARM RECORDS.

(a) Submission of Sale or Transfer Reports- Not later than 14 days after the date on which the transfer of qualifying firearm is processed by a licensed dealer under section 922(bb) of title 18, United States Code (as added by section 201 of this Act), the licensed dealer shall submit to the Attorney General (or, in the case of a licensed dealer located in a State that has a State firearm licensing and record of sale system certified under section 602 of this Act, to the head of the State agency that administers that system) a report of that transfer, which shall include information relating to--

(1) the manufacturer of the firearm;

(2) the model name or number of the firearm;

(3) the serial number of the firearm;

(4) the date on which the firearm was received by the transferee;

(5) the number of a valid firearm license issued to the transferee under title I of this Act; and

(6) the name and address of the individual who transferred the firearm to the transferee.

(b) Federal Record of Sale System- Not later than 9 months after the date of the enactment of this Act, the Attorney General shall establish and maintain a Federal record of sale system, which shall include the information included in each report submitted to the Attorney General under subsection (a).

(c) Elimination of Prohibition on Establishment of System of Registration- Section 926(a) of title 18, United States Code, is amended by striking the second sentence.

TITLE III--ADDITIONAL PROHIBITIONS

SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.

Section 922 of title 18, United States Code, as amended by sections 101 and 201 of this Act, is amended by adding at the end the following:

`(cc) Universal Background Check Requirement-

`(1) REQUIREMENT- Except as provided in paragraph (2), it shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell, deliver, or otherwise transfer a firearm to any person other than such a licensee, unless the transfer is processed through a licensed dealer in accordance with subsection (t).

`(2) EXCEPTION- Paragraph (1) shall not apply to the infrequent transfer of a firearm by gift, bequest, intestate succession or other means by an individual to a parent, child, grandparent, or grandchild of the individual, or to any loan of a firearm for any lawful purpose for not more than 30 days between persons who are personally known to each other.'.

SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.

Section 922 of title 18, United States Code, as amended by sections 101, 201, and 301 of this Act, is amended by adding at the end the following:

`(dd) Failure To Maintain or Permit Inspection of Records- It shall be unlawful for a licensed manufacturer or a licensed dealer to fail to comply with section 202 of Blair Holt's Handgun Licensing and Record of Sale Act of 2009, or to maintain such records or supply such information as the Attorney General may require in order to ascertain compliance with such Act and the regulations and orders issued under such Act.'.

SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.

Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, and 302 of this Act, is amended by adding at the end the following:

`(ee) Failure To Report Loss or Theft of Firearm- It shall be unlawful for any person who owns a qualifying firearm to fail to report the loss or theft of the firearm to the Attorney General within 72 hours after the loss or theft is discovered.'.

SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.

Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, and 303 of this Act, is amended by adding at the end the following:

`(ff) Failure To Provide Notice of Change of Address- It shall be unlawful for any individual to whom a firearm license has been issued under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2009 to fail to report to the Attorney General a change in the address of that individual within 60 days of that change of address.'.

SEC. 305. CHILD ACCESS PREVENTION.

Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at the end the following:

`(gg) Child Access Prevention-

`(1) DEFINITION OF CHILD- In this subsection, the term `child' means an individual who has not attained the age of 18 years.

`(2) PROHIBITION AND PENALTIES- Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any 1 of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if--

`(A) that person--

`(i) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and

`(ii) either--

`(I) knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365 of this title) to, the child or any other person; or

`(II) knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and

`(B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other person.

`(3) EXCEPTIONS- Paragraph (2) shall not apply if--

`(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;

`(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;

`(C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or

`(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.'.

TITLE IV--ENFORCEMENT

SEC. 401. CRIMINAL PENALTIES.

(a) Failure To Possess Firearm License; Failure To Comply With Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain or Permit Inspection of Records- Section 924(a) of title 18, United States Code, is amended by adding at the end the following:

`(8) Whoever knowingly violates subsection (aa), (bb), or (dd) of section 922 shall be fined under this title, imprisoned not more than 2 years, or both.'.

(b) Failure To Comply With Universal Background Checks; Failure To Timely Report Loss or Theft of a Qualifying Firearm; Failure To Provide Notice of Change of Address- Section 924(a)(5) of such title is amended by striking `(s) or (t)' and inserting `(t), (cc), (ee), or (ff)'.

(c) Child Access Prevention- Section 924(a) of such title, as amended by subsection (a) of this section, is amended by adding at the end the following:

`(9) Whoever violates section 105(a)(2) of Blair Holt's Handgun Licensing and Record of Sale Act of 2009, knowingly or having reason to believe that the person is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm, shall be fined under this title, imprisoned not more than 10 years, or both.

`(10) Whoever violates section 922(gg) shall be fined under this title, imprisoned not more than 5 years, or both.'.

SEC. 402. REGULATIONS.

(a) In General- The Attorney General shall issue regulations governing the licensing of possessors of qualifying firearms and the recorded sale of qualifying firearms, consistent with this Act and the amendments made by this Act, as the Attorney General determines to be reasonably necessary to reduce or prevent deaths or injuries resulting from qualifying firearms, and to assist law enforcement in the apprehension of owners or users of qualifying firearms used in criminal activity.

(b) Maximum Interval Between Issuance of Proposed and Final Regulation- Not later than 120 days after the date on which the Attorney General issues a proposed regulation under subsection (a) with respect to a matter, the Attorney General shall issue a final regulation with respect to the matter.

SEC. 403. INSPECTIONS.

In order to ascertain compliance with this Act, the amendments made by this Act, and the regulations and orders issued under this Act, the Attorney General may, during regular business hours, enter any place in which firearms or firearm products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are so manufactured, stored, or held.

SEC. 404. ORDERS.

The Attorney General may issue an order prohibiting the sale or transfer of any firearm that the Attorney General finds has been transferred or distributed in violation of this Act, an amendment made by this Act, or a regulation issued under this Act.

SEC. 405. INJUNCTIVE ENFORCEMENT.

The Attorney General may bring an action to restrain any violation of this Act or an amendment made by this Act in the district court of the United States for any district in which the violation has occurred, or in which the defendant is found or transacts business.

TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

SEC. 501. DUTIES OF THE ATTORNEY GENERAL.

(a) In General- The Attorney General shall--

(1) establish and maintain a firearm injury information clearinghouse to collect, investigate, analyze, and disseminate data and information relating to the causes and prevention of death and injury associated with firearms;

(2) conduct continuing studies and investigations of firearm-related deaths and injuries; and

(3) collect and maintain current production and sales figures for each licensed manufacturer.

(b) Availability of Information- Periodically, but not less frequently than annually, the Attorney General shall report to the Congress and make available to the public a report on the activities of the Attorney General under subsection (a).

TITLE VI--EFFECT ON STATE LAW

SEC. 601. EFFECT ON STATE LAW.

(a) In General- This Act and the amendments made by this Act may not be construed to preempt any provision of the law of any State or political subdivision of that State, or prevent a State or political subdivision of that State from enacting any provision of law regulating or prohibiting conduct with respect to firearms, except to the extent that the provision of law is inconsistent with any provision of this Act or an amendment made by this Act, and then only to the extent of the inconsistency.

(b) Rule of Interpretation- A provision of State law is not inconsistent with this Act or an amendment made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than a corresponding prohibition or penalty imposed by this Act or an amendment made by this Act.

SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE FIREARM RECORD OF SALE SYSTEMS.

Upon a written request of the chief executive officer of a State, the Attorney General may certify--

(1) a firearm licensing system established by a State, if State law requires the system to satisfy the requirements applicable to the Federal firearm licensing system established under title I; or

(2) a firearm record of sale system established by a State, if State law requires the head of the State agency that administers the system to submit to the Federal firearm record of sale system established under section 202(b) a copy of each report submitted to the head of the agency under section 202(a), within 7 days after receipt of the report.

TITLE VII--RELATIONSHIP TO OTHER LAW

SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

In the event of any conflict between any provision of this Act or an amendment made by this Act, and any provision of the Arms Export Control Act (22 U.S.C. 2751), the provision of the Arms Export Control Act shall control.

TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.

TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

Somebody Got a Degree in Spaghetti

I would say, "No Comment", but that in itself is a comment of a nasty sort when you consider the graphic.

He Must Be a Prophet

Recently (very recently) the President stated that unemployment in the US of A would probably rise to 10% as his stimulus program produced results. In fact, the stock market has been responding to government statistics; as unemployment has risen, the market has gone down (Inverse Obamanation Law of Economics). But ... what do you think of these statistics, which are official Department of Labor numbers?



10% you say? What is this 16+% we are seeing? Somebody wants us to see U-3 but not U-6? It looks like we have Obamanomic success beyond our wildest nightmares. Anybody want to give Wall Street some advice?

Hats Off to Faded Glory™

My Help Meet decided that I needed some new jeans for the job. (Walking around cow pastures, through the woods, and into manufacturing plants does not require formal work wear, unless it is "farmer formal".) Last week she bought me two pairs of Faded Glory™ brand jeans at WallyWorld. As I was exploring them, I noticed that the watch pocket seemed larger than normal. Sure enough, the watch pockets on those two pair had been enlarged to enable storing a cell phone.

Imagine that! The whole purpose of that little bitty pocket was to enable the working gent to keep his pocket watch there without having the fob catch on things as he worked. (What! You thought it was for storage of your spare pennies? How droll!) The modern gentleman laborer no longer carries a fancy pocket watch (unless he is an ostentatious fop himself), and instead packs a cell phone which not only lets the government know where he is, at all times, to within a few yards, but also allows instantaneous world-wide communication, functions as a calculator and timepiece with stopwatch, and even (except for rare exceptions now) allows him to photograph or video record events (which can be broadcast world-wide as well).

Most clothing manufacturers seem to still be in the Dark Ages of the early 20th Century with respect to design, but not Faded Glory™. They have incorporated the modern equivalent of the gentleman's watch pocket in their bluejean design. Or at least I hope it was a conscious decision. Since I have at this moment only two specimens from which to draw my conclusions, I could be wrong. Nevertheless, I salute the Faded Glory™ Jeans Company for their Intelligent Design, which furthers the evolution of the blue jean in America.

If they were really intelligent, they would use this blog post as an advertisement, and pay me a royalty -- because this post is copyrighted by me under current US law -- like all the other Sayings of Grandpa Jim (©2003).

... and JUSTICE for all!

One of the reasons I wanted to fine-tune the Nylon 66 was the thievery occurring in my cherry tree. Old Owl sat on his stick, but he wouldn't give a hoot (even if we can hear REAL great horned owls every evening) and the birds were ignoring him. Fiberglass must have caught in his throat. The only things that were halfway scary were his eyeballs, and the birds flew right past him, and even ignored my fluttering foil cake dishes.

Ergo, I planned to reduce the population of feathered bandits. Meanwhile, my Smarter Half decided that we should simply pick the cherries, because they were almost all ripe, and that's what we began to do. We had filled two pans, so she went back to the house to get me an empty, and when she gave it to me, she left me in the tree (actually, on the stepladder) to finish picking while she began to pit.

The robins were not happy about my presence in the tree. They were screeching and flying around, and must not have been paying too much attention to other things. Suddenly I noticed the intensity of the screeching changed, and one bird sounded like it was in terrible distress. Sure, enough, sitting on the ground about 10 yards away was an avenger -- a Cooper's hawk. As I watched, it tore feathers from the still struggling robin. Then it tore chunks out of it and started enjoying its meal.

After a few minutes some bluejays started dive-bombing the hawk, never really getting too close. Finally, the hawk picked up what was left of the robin and flew off, with the jays in hot pursuit.

So there is justice in the land, after all. Thieves will be eaten.

I have been given to understand that farmers who used to have problems with chicken hawks would erect a pole with a muskrat trap on top in their poultry yards. Maybe I should erect a pole, say about 20 feet high, but with a nice perch for Mr. Cooper's Hawk. If I am nice to him, maybe I won't need Mr. Fiberglass Owl as much.

My Honey said she saw a bald eagle in her cherry tree. I'm still looking for him.