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2013-04-10 12:02 PM
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Subject: RE: 'The' Gun Thread
powerman - 2013-04-10 11:55 AM

pitt83 - 2013-04-10 9:42 AM So then: You think what we have now is enough and re-evaluating these 20K or so laws isn't necessary or wanted?

No, 20,000 is too many. There should be no carry laws. there should be no "permitting. It should just be constitutional carry... that sort of what "bear" means.

I think there should be prohibited people, and in order to sell to those that are permitted, then we have to have a check....

That's pretty much it for me. Oh... and the... if you comit a crime with a gun it's life in prison. If you posses as a prohibited person, or sell to one... life in prison.

Then you could just leave the other 95% and 40 million law abiding people to enjoy the rights granted to them the day they drew their first breath.



See I could totally get behind something like this. Life in prison would be a strong deterrent to MOST (not all, but most) people thinking of committing a crime with a gun, or possess a gun illegally, or trying to sell a gun to someone who isn't legal.


2013-04-10 12:04 PM
in reply to: #4694866

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Subject: RE: 'The' Gun Thread

mr2tony - 2013-04-10 10:53 AM
DanielG - 2013-04-10 10:37 AM
mr2tony - 2013-04-10 11:34 AM Appa said it, he was right. In many states, convicted felons can petition for restoration of their Second Amendment rights, often without a hearing. Just because you've been convicted of a felony doesn't preclude you from owning a gun legally, you just can't take it to jail with you. Unless you're in New Orleans, apparently.
Umm, no. They can get rights restored but there are very specific and detailed steps to be allowed to own firearms again. ATF, not state, dictates it. If there was no hearing, it's not legal.
That's not correct.

You have brought this up before Tony, and agree with you that I do not like it. But the problem is if they have their rights reinstated, then they are not doing anything illegal. They can legally purchase a gun, anywhere they want. I do not agree they should, but that is not a loop hole of criminals buying guns illegally.

2013-04-10 12:05 PM
in reply to: #4694879

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Subject: RE: 'The' Gun Thread
mr2tony - 2013-04-10 11:02 AM
powerman - 2013-04-10 11:55 AM

pitt83 - 2013-04-10 9:42 AM So then: You think what we have now is enough and re-evaluating these 20K or so laws isn't necessary or wanted?

No, 20,000 is too many. There should be no carry laws. there should be no "permitting. It should just be constitutional carry... that sort of what "bear" means.

I think there should be prohibited people, and in order to sell to those that are permitted, then we have to have a check....

That's pretty much it for me. Oh... and the... if you comit a crime with a gun it's life in prison. If you posses as a prohibited person, or sell to one... life in prison.

Then you could just leave the other 95% and 40 million law abiding people to enjoy the rights granted to them the day they drew their first breath.

See I could totally get behind something like this. Life in prison would be a strong deterrent to MOST (not all, but most) people thinking of committing a crime with a gun, or possess a gun illegally, or trying to sell a gun to someone who isn't legal.

It just would not be worth it... they would just have to rob you the old fasion way, with their hands or a knife or bat. At least they would have to work for it.

2013-04-10 12:12 PM
in reply to: #4694881

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Subject: RE: 'The' Gun Thread
powerman - 2013-04-10 12:04 PM

mr2tony - 2013-04-10 10:53 AM
DanielG - 2013-04-10 10:37 AM
mr2tony - 2013-04-10 11:34 AM Appa said it, he was right. In many states, convicted felons can petition for restoration of their Second Amendment rights, often without a hearing. Just because you've been convicted of a felony doesn't preclude you from owning a gun legally, you just can't take it to jail with you. Unless you're in New Orleans, apparently.
Umm, no. They can get rights restored but there are very specific and detailed steps to be allowed to own firearms again. ATF, not state, dictates it. If there was no hearing, it's not legal.
That's not correct.

You have brought this up before Tony, and agree with you that I do not like it. But the problem is if they have their rights reinstated, then they are not doing anything illegal. They can legally purchase a gun, anywhere they want. I do not agree they should, but that is not a loop hole of criminals buying guns illegally.



No I know it's not a loophole but I guess it's surprising (to me at least) that ex-cons, especially the felonious kind, can even get their rights reinstated.
2013-04-10 12:20 PM
in reply to: #4693431

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Subject: RE: 'The' Gun Thread
pitt83 - 2013-04-09 10:59 AM
powerman - 2013-04-09 1:56 PM
jmk-brooklyn - 2013-04-09 10:48 AM
powerman - 2013-04-09 10:02 AM
tealeaf - 2013-04-09 8:17 AM
Hook'em - 2013-04-09 10:02 AM
tealeaf - 2013-04-09 7:47 AM

No doubt this deputy would have considered himself a so-called "responsible gun owner."

Well, he was clearly wrong.

That's more my point than anything. Someone tells me they are a responsible gun owner, I roll my eyes and keep my kids the heck away. I'm not making any larger point than that. Although I see, from some the responses, that they think I am.

So then to you... that is simply impossible... there is no such thing as a responsible gun owner. That indeed means that all gun owners are irresponsible. What larger point is there to make?

I don't think all gun owners are irresponsible-- far from it, but the point is that it’s unlikely that any gun owner would characterize themselves as irresponsible, even though some, like the deputy in this story, clearly are. Given that, if you’re a parent who’s worried about gun-related accidents, what choice do you have but to keep your kid away from anyone who has a gun? I suppose one could make the same argument about any potential hazard that a child might encounter at a friend’s house (swimming pools, bbq grills, household chemicals, knives, dogs, etc,), but I understand what tealeaf is saying: if you’re a parent and you're worried about gun-related accidents, you really have no choice but to keep your kid away from any home where guns are kept, regardless of whether you think the parents are “responsible gun owners” or not.

Fair enough... but cars cause over 5000% more accidental deaths than guns... so if you are the same protective parent trying to save your child harm from carlessness... then your child can never be driven by anyone but you. That you will roll your eyes at anyone in their very safe Subaru that has never been in an accident, and not allow your kids around any other driver because you know only you can do that safely.

The frequency of using cars versus guns makes this an illogical statement.

How so?

2013-04-10 12:22 PM
in reply to: #4694891

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Subject: RE: 'The' Gun Thread
mr2tony - 2013-04-10 1:12 PM

powerman - 2013-04-10 12:04 PM

mr2tony - 2013-04-10 10:53 AM
DanielG - 2013-04-10 10:37 AM
mr2tony - 2013-04-10 11:34 AM Appa said it, he was right. In many states, convicted felons can petition for restoration of their Second Amendment rights, often without a hearing. Just because you've been convicted of a felony doesn't preclude you from owning a gun legally, you just can't take it to jail with you. Unless you're in New Orleans, apparently.
Umm, no. They can get rights restored but there are very specific and detailed steps to be allowed to own firearms again. ATF, not state, dictates it. If there was no hearing, it's not legal.
That's not correct.

You have brought this up before Tony, and agree with you that I do not like it. But the problem is if they have their rights reinstated, then they are not doing anything illegal. They can legally purchase a gun, anywhere they want. I do not agree they should, but that is not a loop hole of criminals buying guns illegally.



No I know it's not a loophole but I guess it's surprising (to me at least) that ex-cons, especially the felonious kind, can even get their rights reinstated.


I'm not sure how I stand on this one as a personal note but a couple things stand out

So, someone who passed a fraudulent check in the '60s should never be able to vote again, right?

All that other happy horsehockey aside, THE (singular) reason that rights restoration even came to be was the push that minorities were being disenfranchised because they are more likely to have a felony on their record than non minorities. The argument was this systematically eliminates an entire voting bloc. This is why there is now money to restore felons constitutional rights, including voting and keep and bearing of arms.

Did you know that theft of over $20 is a felony in some jurisdictions? Even if they plea down to time served, the POSSIBLE sentence was greater than 1 year and they are forever more not allowed to own a firearm. Hell the sentence for a single round of ammo in their possession is the same as having a loaded gun.



2013-04-10 12:25 PM
in reply to: #4694879

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Subject: RE: 'The' Gun Thread
mr2tony - 2013-04-10 1:02 PM



See I could totally get behind something like this. Life in prison would be a strong deterrent to MOST (not all, but most) people thinking of committing a crime with a gun, or possess a gun illegally, or trying to sell a gun to someone who isn't legal.


You mean like Project Exile:
http://www.ojjdp.gov/pubs/gun_violence/profile38.html

Works great. Really does clean up a city. Really does stop criminals from using guns. Is really pushed by the NRA, unfortunately there are a lot of places that don't want to even try it just because of that.

2013-04-10 12:39 PM
in reply to: #4694916

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Subject: RE: 'The' Gun Thread
DanielG - 2013-04-10 11:22 AM
mr2tony - 2013-04-10 1:12 PM
powerman - 2013-04-10 12:04 PM

mr2tony - 2013-04-10 10:53 AM
DanielG - 2013-04-10 10:37 AM
mr2tony - 2013-04-10 11:34 AM Appa said it, he was right. In many states, convicted felons can petition for restoration of their Second Amendment rights, often without a hearing. Just because you've been convicted of a felony doesn't preclude you from owning a gun legally, you just can't take it to jail with you. Unless you're in New Orleans, apparently.
Umm, no. They can get rights restored but there are very specific and detailed steps to be allowed to own firearms again. ATF, not state, dictates it. If there was no hearing, it's not legal.
That's not correct.

You have brought this up before Tony, and agree with you that I do not like it. But the problem is if they have their rights reinstated, then they are not doing anything illegal. They can legally purchase a gun, anywhere they want. I do not agree they should, but that is not a loop hole of criminals buying guns illegally.

No I know it's not a loophole but I guess it's surprising (to me at least) that ex-cons, especially the felonious kind, can even get their rights reinstated.
I'm not sure how I stand on this one as a personal note but a couple things stand out So, someone who passed a fraudulent check in the '60s should never be able to vote again, right? All that other happy horsehockey aside, THE (singular) reason that rights restoration even came to be was the push that minorities were being disenfranchised because they are more likely to have a felony on their record than non minorities. The argument was this systematically eliminates an entire voting bloc. This is why there is now money to restore felons constitutional rights, including voting and keep and bearing of arms. Did you know that theft of over $20 is a felony in some jurisdictions? Even if they plea down to time served, the POSSIBLE sentence was greater than 1 year and they are forever more not allowed to own a firearm. Hell the sentence for a single round of ammo in their possession is the same as having a loaded gun.

He posted an article earlier that gave examples of shockingly easy reinstatement for violent felons very soon after release. I'm not down with that.

I am down for people turning their life around and acting right and getting their rights back sometime in the future... but violent felons... hu no. Non violent offenders after 10-15 years of keeping their nose clean and productive memebers of society... sure.

2013-04-10 12:56 PM
in reply to: #4694958

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Subject: RE: 'The' Gun Thread
powerman - 2013-04-10 1:39 PM

He posted an article earlier that gave examples of shockingly easy reinstatement for violent felons very soon after release. I'm not down with that.

I am down for people turning their life around and acting right and getting their rights back sometime in the future... but violent felons... hu no. Non violent offenders after 10-15 years of keeping their nose clean and productive memebers of society... sure.



Except it doesn't work like that. Yeah, they can find exceptions that didn't go through the whole thing but it cannot be an automatic thing and the actual conviction has to be expunged from your record. You have to get a pardon, basically.

There are states that have a lot lower bars for restitution of rights, that has little to do with the federal bar. Remember there are some things that have been recently legalized as far as states are concerned but are illegal and cannot be made legal federally. Whether someone's breaking the law and whether that person is prosecuted for that illegal act are two WAY different things.

https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdf

In 2010, prosecutors considered just 22 cases of information falsification, according to that report.

Forty additional background-check cases ended up before prosecutors for reasons related to unlawful gun possession.

Prosecutors pursued just 44 of those 62 cases.

More than 72,600 applications were denied on the basis of a background check.


VP Biden's response?

“And to your point, Mr. Baker, regarding the lack of prosecutions on lying on Form 4473s, we simply don’t have the time or manpower to prosecute everybody who lies on a form, that checks a wrong box, that answers a question inaccurately.”

If they cannot even prosecute laws that are already in place, what the hell makes anyone think any new law will be treated differently?


2013-04-10 1:24 PM
in reply to: #4694613

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Subject: RE: 'The' Gun Thread
jeffnboise - 2013-04-10 9:55 AM
Left Brain - 2013-04-10 8:26 AM

pitt83 - 2013-04-10 9:23 AM Looks as though federal background checks will get a positive vote in the senate. http://politicalticker.blogs.cnn.com/2013/04/10/deal-reached-on-bac...

And they'll be a complete waste of time without medical history to check for possible mental issues.  Even then their worth is dubious....go check the stats on how many guns used in crimes are purchased legally.  Another "feel good" regulation that won't change a single thing the proponents think it will.

That's exactly why we need to close the Gun Show Loop Hole.  So the bad guys CAN'T buy them legally. 

  This thing is gonna pass the Senate.  Along party line or not-who cares.  The 'nayes' will have to answer to their voters back home.  The NRA and gun lobbys are not the only players with money to spend these days.  Our elected officials want nothing but to be our RE-elected officials.  They are gonna move to where the money is; if that's Gabby Giffords moeny, So Be It.

I think you over estimate the public opinion on this subject.  Even with the massive media push against gun rights and bias polls, etc... the anti-gun crowd can't even get close to 50% support for an AWB or increased infringement on the 2A.  Hence, your premise is correct that they want to be re-elected officials, but I counter that it results in these laws NOT passing.

2013-04-10 1:32 PM
in reply to: #4643301

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Subject: RE: 'The' Gun Thread
Ok I'm heading to CO next month should I pick up some mags? lol


2013-04-10 1:33 PM
in reply to: #4694866

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Subject: RE: 'The' Gun Thread

mr2tony - 2013-04-10 11:53 AM
DanielG - 2013-04-10 10:37 AM
mr2tony - 2013-04-10 11:34 AM Appa said it, he was right. In many states, convicted felons can petition for restoration of their Second Amendment rights, often without a hearing. Just because you've been convicted of a felony doesn't preclude you from owning a gun legally, you just can't take it to jail with you. Unless you're in New Orleans, apparently.
Umm, no. They can get rights restored but there are very specific and detailed steps to be allowed to own firearms again. ATF, not state, dictates it. If there was no hearing, it's not legal.
That's not correct.

As much as it pains me, I have to back Tony on this one.  I've got a good friend of mine who had a Felony conviction for about 15 years.  He spent $400, got a lawyer, and applied to the judge to have his conviction set aside.  The judge agreed and set aside his conviction and specifically restored all of his civil rights on the order.

I don't really have a problem with this either, because we have a system that decides who gets to lose their rights, so what's wrong with the system that decides who can get them back.

There are other avenues one can pursue as well through Pardon's and such.

I've got another buddy that I used to work with who has a Felony drug charge from when he was 18.  He's now 45, married, two kids, Director at a large corporation and leads a model life.  I don't think there's very many people who would have an issue with him getting his rights back.  Unfortunately for him, his charge was a federal charge so he'd have to get a presidential pardon.  doh

2013-04-10 1:35 PM
in reply to: #4695044

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Subject: RE: 'The' Gun Thread
tuwood - 2013-04-10 2:33 PM

mr2tony - 2013-04-10 11:53 AM
DanielG - 2013-04-10 10:37 AM
mr2tony - 2013-04-10 11:34 AM Appa said it, he was right. In many states, convicted felons can petition for restoration of their Second Amendment rights, often without a hearing. Just because you've been convicted of a felony doesn't preclude you from owning a gun legally, you just can't take it to jail with you. Unless you're in New Orleans, apparently.
Umm, no. They can get rights restored but there are very specific and detailed steps to be allowed to own firearms again. ATF, not state, dictates it. If there was no hearing, it's not legal.
That's not correct.

As much as it pains me, I have to back Tony on this one.  I've got a good friend of mine who had a Felony conviction for about 15 years.  He spent $400, got a lawyer, and applied to the judge to have his conviction set aside.  The judge agreed and set aside his conviction and specifically restored all of his civil rights on the order.

I don't really have a problem with this either, because we have a system that decides who gets to lose their rights, so what's wrong with the system that decides who can get them back.

There are other avenues one can pursue as well through Pardon's and such.

I've got another buddy that I used to work with who has a Felony drug charge from when he was 18.  He's now 45, married, two kids, Director at a large corporation and leads a model life.  I don't think there's very many people who would have an issue with him getting his rights back.  Unfortunately for him, his charge was a federal charge so he'd have to get a presidential pardon.  doh



Curious question, did he get all rights back or just "except firearms"? And (this is the tricky one) did the ATF agree? If the US AG doesn't agree, it doesn't matter what the state says. Then again, they don't prosecute them either so it's almost a moot point.

Maybe if we actually prosecuted current laws I might be more agreeable to seeing about new ones.

(edit) THIS is exactly why I get so frustrated about this topic. The laws are literally already there. If we enforced HALF of them, we probably wouldn't have near the problem we do. We don't need new laws, we just need to start in on what's already there. When discussing (arguing) these laws, it's really a pain in the tucas to show where something is already illegal but then it's ignored in reality. WTF? How about not ignoring laws and not making more laws that can be selectively enforced and mostly ignored until there's a political point to be made?



Edited by DanielG 2013-04-10 1:38 PM
2013-04-10 1:36 PM
in reply to: #4694992

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Subject: RE: 'The' Gun Thread
DanielG - 2013-04-10 11:56 AM
powerman - 2013-04-10 1:39 PM

He posted an article earlier that gave examples of shockingly easy reinstatement for violent felons very soon after release. I'm not down with that.

I am down for people turning their life around and acting right and getting their rights back sometime in the future... but violent felons... hu no. Non violent offenders after 10-15 years of keeping their nose clean and productive memebers of society... sure.

Except it doesn't work like that. Yeah, they can find exceptions that didn't go through the whole thing but it cannot be an automatic thing and the actual conviction has to be expunged from your record. You have to get a pardon, basically. There are states that have a lot lower bars for restitution of rights, that has little to do with the federal bar. Remember there are some things that have been recently legalized as far as states are concerned but are illegal and cannot be made legal federally. Whether someone's breaking the law and whether that person is prosecuted for that illegal act are two WAY different things. https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdfIn 2010, prosecutors considered just 22 cases of information falsification, according to that report. Forty additional background-check cases ended up before prosecutors for reasons related to unlawful gun possession. Prosecutors pursued just 44 of those 62 cases. More than 72,600 applications were denied on the basis of a background check. VP Biden's response? “And to your point, Mr. Baker, regarding the lack of prosecutions on lying on Form 4473s, we simply don’t have the time or manpower to prosecute everybody who lies on a form, that checks a wrong box, that answers a question inaccurately.” If they cannot even prosecute laws that are already in place, what the hell makes anyone think any new law will be treated differently?

I know of a person that that went through the process. He had his records sealed and what not, not expunged or pardoned... but he one of those that turned is life around long ago and is a productive member of society. He now has a conealled carry permit.... and yes he does. In the article given... taken at it's word... many do not have to go through a process any more... they get them simply by asking. In some cases they were given without even asking. And yes if it is state felonies vs. federal I do not know.

Perhaps it was isolated, I don't know, but it should not even be. There was a big movement for reinstatement and it has been going on. I do not agree with it... even if it is isolated.

2013-04-10 1:37 PM
in reply to: #4643301

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Subject: RE: 'The' Gun Thread

I'm not too worried about the person who applies to have their rights re-instated legally.....he's not likely to be the person who goes on a crime spree.

In fact, since this is another one of those deals where someone brings up a far-fetched deal, as if it has any bearing at all on crime, can anyone tell me how many convicted felons, who had their records expunged, went on to purchase a gun and use it in a crime?

Seriously...............it's laughable.

2013-04-10 1:43 PM
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Subject: RE: 'The' Gun Thread
Left Brain - 2013-04-10 12:37 PM

I'm not too worried about the person who applies to have their rights re-instated legally.....he's not likely to be the person who goes on a crime spree.

In fact, since this is another one of those deals where someone brings up a far-fetched deal, as if it has any bearing at all on crime, can anyone tell me how many convicted felons, who had their records expunged, went on to purchase a gun and use it in a crime?

Seriously...............it's laughable.

Perhaps this is the most isolated case.... Tony really needs to find that article again.

One case was a guy that actually went to prison for shooting someone... got out, reinstated... shot someone else. Maybe one out of a million... but no  less wrong.

 

But this tangent we are one is a legitamate one.... lots of laws, no enforcment. Criminals have nothing to loose... I have a ton... who do you think gets punished with new laws?



2013-04-10 1:53 PM
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Subject: RE: 'The' Gun Thread
powerman - 2013-04-10 1:43 PM
Left Brain - 2013-04-10 12:37 PM

I'm not too worried about the person who applies to have their rights re-instated legally.....he's not likely to be the person who goes on a crime spree.

In fact, since this is another one of those deals where someone brings up a far-fetched deal, as if it has any bearing at all on crime, can anyone tell me how many convicted felons, who had their records expunged, went on to purchase a gun and use it in a crime?

Seriously...............it's laughable.

Perhaps this is the most isolated case.... Tony really needs to find that article again.

One case was a guy that actually went to prison for shooting someone... got out, reinstated... shot someone else. Maybe one out of a million... but no  less wrong.

 

But this tangent we are one is a legitamate one.... lots of laws, no enforcment. Criminals have nothing to loose... I have a ton... who do you think gets punished with new laws?

I have no interest in anecdotal stories of how a new law could prevent it from happening.  I'm interested in major reform on how we prosecute and sentence violent criminals.

Look, here is the ONE THING I've seen work to reduce crime in the 27 years I've been involved in law enforcement:

Target that very low percentage of people who commit the majority of violent crimes.  Get them long prison sentences that remove them from society.  It's a simple process to do on a small scale, I've been a part of it.  The structure is in place to do it on a very large scale, but we'd need to make some room in our prisons and go back to mandatory sentences.  Those last two words are tough to get through since some idiots decided to do that with drug laws and screw it up to a point where it's now taboo in the justice system to even say the words.

Anti-gun people want to add more laws to a broken system..........that's an absolutely ridiculous notion that will have ZERO effect on the crime rate.

2013-04-10 2:00 PM
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Subject: RE: 'The' Gun Thread

http://www.nytimes.com/2013/04/05/opinion/rewrite-the-second-amendment.html

Putting aside how you might feel about his use of the words "reasonable," "zealot," and others, as well as some of the opinions he espouses about what people might or might not think, what do you think about the idea of a 2nd Amendment reboot that does not leave the constitutionality of your right to bear arms for your individual self defense hanging on a 5-4 decision of the 2008 version of the Supreme Court?

2013-04-10 2:38 PM
in reply to: #4694777

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Subject: RE: 'The' Gun Thread
Brock Samson - 2013-04-10 9:03 AM

OK I'll play and argue against "universal background" checks on "it's merits"

1.  The stated purpose of background checks is to (a) prevent those who are not legally permitted to have a gun from purchasing or obtaining a gun.  (b) by so doing also increase the governments ability to successfully prosecute those that engage in illegal activity associated with the illegal purchase of a firearm.

 

2.  The proposed legislation fails on both accounts, and in addition to failing on its intended/stated purpose unduly burdens law abiding citizens.

3.  The "universal background" check fail primarily because they are not "universal"  Due to Federal and State privacy rights and laws, coupled with state and federal confidentiality laws pertaining to psychiatric/psychological treatment information regarding individuals suffering from mental illnesses or voluntarily seeking psychological treatment will not be captured by the "universal background" checks.  Bottom line, highly unlikely that the background checks as currently proposed would have ever caught Mr. Lanza.

4.  The "universal background" checks as it relates to the mentally ill may violate the equal protection clause because it disproportionately captures individuals that are involuntarily committed or treated for mental illness.  Those involuntary treatments are or may be caught by the proposed "universal background checks".  It is disproportionate based upon socio economics because those with money and insurance are more likely to be treated voluntarily and thus may be able to avail themselves of the privacy and confidentiality protections that may not exist with involuntary commitment or treatment.

 

5.  The justification of a registry will allow for better more zealous prosecution I find specious at best.  Especially in light of the current administrations abysmal record on the prosecution of current Federal firearms violations.  The DOJ has specifically said that CURRENTLY under the current back ground check system that they do not have the man power to prosecute individuals that lie on background checks.  So, we are to believe that with an increase in records keeping this priority decision and man power issue will be solved?

 

6.  The current "universal background check" bills go much further than just "closing the gun show loopholes"...again read the proposed bills, don't take my word for it.  The majority of what is in the bills, and what the requirements would be are not being talked about.  Ask yourself this question:  Why not?  I believe that the background check bill goes too far, and takes more steps then are necessary to meet the stated goals of back ground checks. 

7.  You dismiss the  fear of the government outright with the use of the dismissive "black helicopter" phrase.  However,  this ignores the factual history of the passage of the Bill of Rights.  It's not a fear of the government per se.  It's a fear of human nature and those that are in the government.  It is so universal as to be a truism that men are corruptible, and as such, regardless of the form of government, those that rule always overstep the limitations of that government for their own personal reasons, be it wealth, power or other reasons.  The founding fathers and framers had such a fear of the abuses of government that they demanded after the passage of the Constitution that certain enumerated God given/natural rights be explicitly protected.  Of these is the 2nd Amendment.  So you may dismiss the notion of "black helicopters' but of course the idea behind "black helicopters" men like Madison did not dismiss and felt that it was a reality to be guarded against.

 

8.  You do know that Federally there is a law prohibiting a federal register of gun owners, and in many states there are similar laws.  So, my question is, what has changed that warrants a rescission from these laws prohibiting gun registries?  Violent crimes are consistently declining, gun crimes are declining?  so what is the reason for the change?   

Just thought this was worth quoting.

Thanks for the summary of the bill.

2013-04-10 3:01 PM
in reply to: #4695099

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Subject: RE: 'The' Gun Thread
ScudRunner - 2013-04-10 1:00 PM

http://www.nytimes.com/2013/04/05/opinion/rewrite-the-second-amendment.html

Putting aside how you might feel about his use of the words "reasonable," "zealot," and others, as well as some of the opinions he espouses about what people might or might not think, what do you think about the idea of a 2nd Amendment reboot that does not leave the constitutionality of your right to bear arms for your individual self defense hanging on a 5-4 decision of the 2008 version of the Supreme Court?

I don't get it... I already have the constitutional right to bear arms. The article proposes no such reboot. It proposes to write into the Constitution gun control. which is what we have now... a Constitutional RTBA, with a whole bunch of gun control.

2013-04-10 3:06 PM
in reply to: #4695084

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Subject: RE: 'The' Gun Thread
Left Brain - 2013-04-10 12:53 PM
powerman - 2013-04-10 1:43 PM
Left Brain - 2013-04-10 12:37 PM

I'm not too worried about the person who applies to have their rights re-instated legally.....he's not likely to be the person who goes on a crime spree.

In fact, since this is another one of those deals where someone brings up a far-fetched deal, as if it has any bearing at all on crime, can anyone tell me how many convicted felons, who had their records expunged, went on to purchase a gun and use it in a crime?

Seriously...............it's laughable.

Perhaps this is the most isolated case.... Tony really needs to find that article again.

One case was a guy that actually went to prison for shooting someone... got out, reinstated... shot someone else. Maybe one out of a million... but no  less wrong.

 

But this tangent we are one is a legitamate one.... lots of laws, no enforcment. Criminals have nothing to loose... I have a ton... who do you think gets punished with new laws?

I have no interest in anecdotal stories of how a new law could prevent it from happening.  I'm interested in major reform on how we prosecute and sentence violent criminals.

Look, here is the ONE THING I've seen work to reduce crime in the 27 years I've been involved in law enforcement:

Target that very low percentage of people who commit the majority of violent crimes.  Get them long prison sentences that remove them from society.  It's a simple process to do on a small scale, I've been a part of it.  The structure is in place to do it on a very large scale, but we'd need to make some room in our prisons and go back to mandatory sentences.  Those last two words are tough to get through since some idiots decided to do that with drug laws and screw it up to a point where it's now taboo in the justice system to even say the words.

Anti-gun people want to add more laws to a broken system..........that's an absolutely ridiculous notion that will have ZERO effect on the crime rate.

Interesting... since that was the first thing that comes to mind when I hear "mandatory sentences". Yes I was saying it, but you didn't see me cringe when I did it. I also said let all the drug offenders out. Mandatory sentence guidlines put out over drugs was a truly ridiculous  experiment.

 



2013-04-10 3:15 PM
in reply to: #4695261

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Subject: RE: 'The' Gun Thread
powerman - 2013-04-10 3:06 PM
Left Brain - 2013-04-10 12:53 PM
powerman - 2013-04-10 1:43 PM
Left Brain - 2013-04-10 12:37 PM

I'm not too worried about the person who applies to have their rights re-instated legally.....he's not likely to be the person who goes on a crime spree.

In fact, since this is another one of those deals where someone brings up a far-fetched deal, as if it has any bearing at all on crime, can anyone tell me how many convicted felons, who had their records expunged, went on to purchase a gun and use it in a crime?

Seriously...............it's laughable.

Perhaps this is the most isolated case.... Tony really needs to find that article again.

One case was a guy that actually went to prison for shooting someone... got out, reinstated... shot someone else. Maybe one out of a million... but no  less wrong.

 

But this tangent we are one is a legitamate one.... lots of laws, no enforcment. Criminals have nothing to loose... I have a ton... who do you think gets punished with new laws?

I have no interest in anecdotal stories of how a new law could prevent it from happening.  I'm interested in major reform on how we prosecute and sentence violent criminals.

Look, here is the ONE THING I've seen work to reduce crime in the 27 years I've been involved in law enforcement:

Target that very low percentage of people who commit the majority of violent crimes.  Get them long prison sentences that remove them from society.  It's a simple process to do on a small scale, I've been a part of it.  The structure is in place to do it on a very large scale, but we'd need to make some room in our prisons and go back to mandatory sentences.  Those last two words are tough to get through since some idiots decided to do that with drug laws and screw it up to a point where it's now taboo in the justice system to even say the words.

Anti-gun people want to add more laws to a broken system..........that's an absolutely ridiculous notion that will have ZERO effect on the crime rate.

Interesting... since that was the first thing that comes to mind when I hear "mandatory sentences". Yes I was saying it, but you didn't see me cringe when I did it. I also said let all the drug offenders out. Mandatory sentence guidlines put out over drugs was a truly ridiculous  experiment.

 

Oh, I know we agree on the sentencing end.....but you ought to see prosecutors run and hide when you start mentioning mandatory sentences.  They hate them.  It bogs down the system because defendants want to go to trial more to hope for a favorable jury, or they don't get applied properly because charges get pled down to lesser charges to avoid the "mandatory" in the origional charge.  It's a damn cluster frack from top to bottom.

And yep.....why non-violent drug offenders are in prison taking up space is beyond me.  Prisons should be places where those who cannot live in society because they can't live with others need to be.  Drug offenders basically can't live with themselves.....most of them commit property crimes if they need the money.  Not alot of folks smoking some weed or snorting some heroin are running out of the house shooting up the streets. 

2013-04-10 7:43 PM
in reply to: #4695048

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Subject: RE: 'The' Gun Thread
DanielG - 2013-04-10 1:35 PM
tuwood - 2013-04-10 2:33 PM

mr2tony - 2013-04-10 11:53 AM
DanielG - 2013-04-10 10:37 AM
mr2tony - 2013-04-10 11:34 AM Appa said it, he was right. In many states, convicted felons can petition for restoration of their Second Amendment rights, often without a hearing. Just because you've been convicted of a felony doesn't preclude you from owning a gun legally, you just can't take it to jail with you. Unless you're in New Orleans, apparently.
Umm, no. They can get rights restored but there are very specific and detailed steps to be allowed to own firearms again. ATF, not state, dictates it. If there was no hearing, it's not legal.
That's not correct.

As much as it pains me, I have to back Tony on this one.  I've got a good friend of mine who had a Felony conviction for about 15 years.  He spent $400, got a lawyer, and applied to the judge to have his conviction set aside.  The judge agreed and set aside his conviction and specifically restored all of his civil rights on the order.

I don't really have a problem with this either, because we have a system that decides who gets to lose their rights, so what's wrong with the system that decides who can get them back.

There are other avenues one can pursue as well through Pardon's and such.

I've got another buddy that I used to work with who has a Felony drug charge from when he was 18.  He's now 45, married, two kids, Director at a large corporation and leads a model life.  I don't think there's very many people who would have an issue with him getting his rights back.  Unfortunately for him, his charge was a federal charge so he'd have to get a presidential pardon.  doh

Curious question, did he get all rights back or just "except firearms"? And (this is the tricky one) did the ATF agree? If the US AG doesn't agree, it doesn't matter what the state says. Then again, they don't prosecute them either so it's almost a moot point. Maybe if we actually prosecuted current laws I might be more agreeable to seeing about new ones. (edit) THIS is exactly why I get so frustrated about this topic. The laws are literally already there. If we enforced HALF of them, we probably wouldn't have near the problem we do. We don't need new laws, we just need to start in on what's already there. When discussing (arguing) these laws, it's really a pain in the tucas to show where something is already illegal but then it's ignored in reality. WTF? How about not ignoring laws and not making more laws that can be selectively enforced and mostly ignored until there's a political point to be made?

I'm not at all familiar with the ATF side, but from a state standpoint my buddy most definitely got all of his rights back.  I read the order and it specifically stated all civil rights.  He applied for his handgun purchase permit, and was approved.  He applied for his CCW and was approved and carry's every day.

I also agree with LB that guys like this are not the problem.  If my buddy was going to go rob a store he would have just gone and robbed the store, not spend the time/money to get the gun legally.  Heck, now that i think about it the last thing I'd want is a gun that I bought legally to use in a crime.  I wouldn't want any paperwork anywhere tracing it back to me. lol

2013-04-10 9:29 PM
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Subject: RE: 'The' Gun Thread

In one part this is funny because it shows how horrible of a shot some criminals are, but the really scary/sad part is that many feel this is the only method the law abiding citizens should have to defend themselves.

http://wgntv.com/2013/04/10/logan-square-armed-robbery-caught-on-video/

The other part I'm really struggling with is why the criminal had a gun because it's illegal to carry a gun in Chicago.

2013-04-10 10:09 PM
in reply to: #4695580

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Subject: RE: 'The' Gun Thread
tuwood - 2013-04-10 7:43 PM
DanielG - 2013-04-10 1:35 PM
tuwood - 2013-04-10 2:33 PM

mr2tony - 2013-04-10 11:53 AM
DanielG - 2013-04-10 10:37 AM
mr2tony - 2013-04-10 11:34 AM Appa said it, he was right. In many states, convicted felons can petition for restoration of their Second Amendment rights, often without a hearing. Just because you've been convicted of a felony doesn't preclude you from owning a gun legally, you just can't take it to jail with you. Unless you're in New Orleans, apparently.
Umm, no. They can get rights restored but there are very specific and detailed steps to be allowed to own firearms again. ATF, not state, dictates it. If there was no hearing, it's not legal.
That's not correct.

As much as it pains me, I have to back Tony on this one.  I've got a good friend of mine who had a Felony conviction for about 15 years.  He spent $400, got a lawyer, and applied to the judge to have his conviction set aside.  The judge agreed and set aside his conviction and specifically restored all of his civil rights on the order.

I don't really have a problem with this either, because we have a system that decides who gets to lose their rights, so what's wrong with the system that decides who can get them back.

There are other avenues one can pursue as well through Pardon's and such.

I've got another buddy that I used to work with who has a Felony drug charge from when he was 18.  He's now 45, married, two kids, Director at a large corporation and leads a model life.  I don't think there's very many people who would have an issue with him getting his rights back.  Unfortunately for him, his charge was a federal charge so he'd have to get a presidential pardon.  doh

Curious question, did he get all rights back or just "except firearms"? And (this is the tricky one) did the ATF agree? If the US AG doesn't agree, it doesn't matter what the state says. Then again, they don't prosecute them either so it's almost a moot point. Maybe if we actually prosecuted current laws I might be more agreeable to seeing about new ones. (edit) THIS is exactly why I get so frustrated about this topic. The laws are literally already there. If we enforced HALF of them, we probably wouldn't have near the problem we do. We don't need new laws, we just need to start in on what's already there. When discussing (arguing) these laws, it's really a pain in the tucas to show where something is already illegal but then it's ignored in reality. WTF? How about not ignoring laws and not making more laws that can be selectively enforced and mostly ignored until there's a political point to be made?

I'm not at all familiar with the ATF side, but from a state standpoint my buddy most definitely got all of his rights back.  I read the order and it specifically stated all civil rights.  He applied for his handgun purchase permit, and was approved.  He applied for his CCW and was approved and carry's every day.

I also agree with LB that guys like this are not the problem.  If my buddy was going to go rob a store he would have just gone and robbed the store, not spend the time/money to get the gun legally.  Heck, now that i think about it the last thing I'd want is a gun that I bought legally to use in a crime.  I wouldn't want any paperwork anywhere tracing it back to me. lol

It's official.....you're too smart to be a Senator.

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