900 Pound Gorilla of Gun Control 40 Million+ Americans Deprived of *All* 2nd Amendment RightsSubmitted by Blue Republic on Wed, 03/20/2013 - 10:52
Forget assault weapons bans, waiting periods, magazine limits etc.
(well, not completely, but listen up).
If it were to be announced that the government was going to completely
eliminate the 2nd Amendment rights of over forty million Americans to
the extent that they could be imprisoned for up to ten years for the possession
of granddad's old shotgun or a single round of ammunition there would
be an outpouring of outrage, right? A groundswell of resistance? The
NRA would be all over it, correct?
Especially if this could apply to people who are in complete compliance
with the laws of their state, or guilty of offenses that do not even rise to
the level of misdemeanors - the equivalent of a parking ticket.
Well, we have all done pretty well so far ignoring it, but the plain fact is
that this is all in effect NOW under *existing law* - and it is not at all
a foregone conclusion that we can get away with continuing to ignore
the proverbial 900 lb. gorilla that this represents.
I. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED
18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May receive
minimum sentence of 15 years without parole if offender has three or more prior
convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession
of offensive weapons) and/or drug trafficking felony.
A. Possession or receipt of a firearm or ammunition;
B. By a subject who falls within one of the following categories:
Drug user or addict - (Often shown where paraphernalia seized, subject tests positive for drugs
and/or subject claims drugs were possessed for personal use.); ...
OK, I edited out the other categories because, numbers-wise this involves the largest
numbers by far - most estimates of the number of adult marijuana users in the US are
above 40 million people, and the federal government definitely considers marijuana
users to fall into the above category - with no distinction about whether an individual's
use might be fully legal in the context of their state's laws.
HOW CAN THIS POSSIBLY BE ACCEPTABLE? Of course, we have accepted it for years
and it is not so hard to understand why. Some people are simply unaware, many
more simply see it as something that they are at minimal risk of actually being
prosecuted for and this has held true for marijuana users asserting on the 4473
forms that they are not users of illegal drugs as there are have been very few
prosecutions under these laws (this is an additional felony punishable by up to
5 years imprisonment).
They also see this as no valid reason for the Feds to use this to disqualify them
from acquiring a gun and know that the NRA and most of our "representatives"
have no interest at all in sticking their necks out to protect their rights in this
area and change the system.
There has been minimal risk for gun dealers as well, because there is a sort of
prosecution avoidance provision that has been in effect to protect them from
prosecution for unknowing sales to prohibited persons. That may change if
the sleeper and rather innocuous-seeming S.443 becomes law as they or
others who transfer (or even intend to) guns to a prohibited person would
be looking at 15 years in federal prison - potentially even if neither the
seller or purchaser knew that the person getting the gun was prohibited.
So this has evolved to a defacto "don't ask, don't tell" kind of situation, but
how much confidence can we have that it will stay that way? I'm going to go
out on a limb and predict "not much". You could put a lot of DHS Fedcops in
a lot of MRAP armored personnel carriers to go after and fill up a lot of FEMA
camps with "felons" just on these couple of provisions of the Federal Code.
You trust Obama *not* to do it?
Although the situation is dangerous, and we ignore it at our risk, there is also
opportunity here if we ACT and act proactively, aggressively and intelligently.
The opportunity exists to
- Seize the initiative on a high profile issue that old school liberals, conservatives,
progressives and libertarians could unite on and
- Call the statist, controlled opposition NRA on whether it really supports full
2nd Amendment rights for all responsible Americans or not? And to find out
whether the GOA has the cojones to step up and address these absurd and
unjust laws and
- Call both the statist neocons and statist progressives on their hypocrisy
if they insist on supporting the status quo or making it even more draconian
(which S.443 does).
Liberals, from Feinstein on down always preface their gun grabbing with a statement
of how much they believe in the 2nd Amendment. She should be confronted on this
to admit that in reality she supports a system where say, a disabled person using legal
medical marijuana in her state doesn't have the right to own even a
single shot .22 and is a felon if she happens to possess one. Not that
liberals have any corner on hypocrisy - fake conservatives need to called
out on this as well.
Well, DP'ers what do you think. Anyone tired of just playing defense?
Emancipation time, I say - and no waiting for proclamations from
our benevolent dictator...
(say, what are those leaves in the background?)
Firearms law quick reference from DOJ:
S.443 article and analysis from GOA:
Update: The bad features of several bills passed out
of the Judiciary Committee - S.443 and several others
have been consolidated by Sen. Reid into a "base" bill
DiFi's assault weapons ban isn't in there, but if the Senate
votes to proceed with the bill then it and other amendments
could be offered from the floor.
GOA explains why that's bad: