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Mexican drug cartels buying weapons from around the world: Far easier than running the border with a load

The PPJ Gazette

Marti Oakley (c)copyright 2010 All Rights Reserved

While our Border Patrol and law enforcement agencies along the southern border are attacked on a daily basis by drug cartels and others, our government sits idly by and does virtually nothing. Jim DeMint’s recent attempt to pass legislation to finish the fence was rejected; this while American citizens are kidnapped, tortured, harassed and terrorized and murdered in the war that is escalating on our southern border. 

Eric Holder, our current Attorney General, like all his predecessors, has refused to perform his duty under Title 8 of the USC and defend the border.  Instead our border agents and law enforcement are prohibited from taking any action in defense of that border, even as they and the communities around them are attacked in life threatening situations.  Continue reading

Dismantling the Killer Elite

One of the ironic blessings of a cataclysmic economic “correction” may be the widespread dismantling of state and local police departments — assuming, of course, that the vacuum can be filled with informal “citizen’s posses” and “home guards” composed of armed, responsible property owners…” ( William N. Grigg )

Dismantling the Killer Elite
By  William N. Grigg

Maintaining the pretense of authority: “Nothing to see here! Please disperse!” commands Frank Drebin, Lt. Detective, Police Squad — a special division of the police force.

Sometimes the truth is best told through fictional allegory, especially when a dash of comedy is used to make the parables more palatable. Witness, for example, the variation on the familiar “I’ll need your badge and gun” scene from the action farce The Naked Gun.

Countless police films present exactly the same scene, in which the forlorn hero, after being led by his zeal to commit some grave breach of protocol or some (apparent) lapse of judgment, is put on administrative leave and forced to surrender his insignia of office and his government-issued firearm.

The conventions of movie melodrama dictate that as he turns over his shield the disgraced police officer take generous pause to look pensively at the token of official authority, wordlessly conveying a deep sense of inconsolable loss. And the balance of the story consists of the cashiered officer working through back-channels and other unsanctioned avenues to vindicate himself and take down whatever criminal mastermind was responsible for his humiliation.

As I said, we’ve witnessed that scene in scores, perhaps hundreds, of cinematic and television variations. However, to my knowledge, only Frank Drebin (Leslie Nielsen) of The Naked Gun has actually allocuted the otherwise unspoken thoughts of the police officer forced to turn in his gun and badge.
[Frank+Drebin.jpg]

“Just think,” a dejected Drebin comments to his anguished partner, “the next time I shoot someone, I could go to jail.”

READ MORE…

HR 45: Family Protection a Crime? Where We Are Headed

 free-men-own-guns

Read the following article written by Robert A Waters in 2003, and keep one thing in mind: this is a true story. If you don’t think this can happen here, think again. HR 45, the new gun control bill text can be found here:

HR 45 Gun Control Bill

The status of this bill can be tracked here:

HR 45: Blair Holt’s Firearm Licensing and Record of Sale Act of 2009 

If this bill passes, we are definitely on our way to the following scenario as Robert Waters so succinctly points out.

Where We’re Headed

By Robert A. Waters

Reprinted by Barbara H. Peterson, with permission.

You’re sound asleep when you hear a thump outside your bedroom door. Half awake, and nearly paralyzed with fear, you hear muffled whispers. At least two people have broken into your house and are moving your way.

With your heart pumping, you reach down beside your bed and pick up your shotgun. You rack a shell into the chamber, then inch toward the door and open it. In the darkness, you make out two shadows. One holds something that looks like a crowbar. When the intruder brandishes it as if to strike, you raise the shotgun and fire. The blast knocks both thugs to the floor.

One writhes and screams while the second man crawls to the front door and lurches outside. As you pick up the telephone to call police, you know you’re in trouble. In your country, most guns were outlawed years before, and the few that are privately owned are so stringently regulated as to make them useless. Yours was never registered.

Police arrive and inform you that the second burglar has died. They arrest you for First Degree Murder and Illegal Possession of a Firearm. When you talk to your attorney, he tells you not to worry: authorities will probably plea the case down to manslaughter. “What kind of sentence will I get?” you ask. “Only ten-to-twelve years,” he replies, as if that’s nothing. “Behave yourself, and you’ll be out in seven.”

The next day, the shooting is the lead story in the local newspaper. Somehow, you’re portrayed as an eccentric vigilante while the two men you shot are represented as choir boys. Their friends and relatives can’t find an unkind word to say about them. Buried deep down in the article, authorities acknowledge that both “victims” have been arrested numerous times. But the next day’s headline says it all: “Lovable Rogue Son Didn’t Deserve to Die.” The thieves have been transformed from career criminals into Robin Hood-type pranksters.

As the days wear on, the story takes wings. The national media picks it up, then the international media. The surviving burglar has become a folk hero.

Your attorney says the thief is preparing to sue you, and he’ll probably win. The media publishes reports that your home has been burglarized several times in the past and that you’ve been critical of local police for their lack of effort in apprehending the suspects. After the last break-in, you told your neighbor that you would be prepared next time.

The District Attorney uses this to allege that you were lying in wait for the burglars.

A few months later, you go to trial. The charges haven’t been reduced, as your lawyer had so confidently predicted. When you take the stand, your anger at the injustice of it all works against you. Prosecutors paint a picture of you as a mean, vengeful man. It doesn’t take long for the jury to convict you of all charges.

The judge sentences you to life in prison.

This case really happened.

On August 22, 1999, Tony Martin of Emneth, Norfolk, England, killed one burglar and wounded a second. In April, 2000, he was convicted and is now serving a life term.

How did it become a crime to defend one’s own life in the once great British Empire?

It started with the Pistols Act of 1903. This seemingly reasonable law forbade selling pistols to minors or felons and established that handgun sales were to be made only to those who had a license.

The Firearms Act of 1920 expanded licensing to include not only handguns but all firearms except shotguns.

Later laws passed in 1953 and 1967 outlawed the carrying of any weapon by private citizens and mandated the registration of all shotguns.

Momentum for total handgun confiscation began in earnest after the Hungerford mass shooting in 1987. Michael Ryan, a mentally disturbed man with a Kalashnikov rifle, walked down the streets shooting everyone he saw. When the smoke cleared, 17 people were dead.

The British public, already de-sensitized by eighty years of “gun control”, demanded even tougher restrictions. (The seizure of all privately owned handguns was the objective even though Ryan used a rifle.)

Nine years later, at Dunblane, Scotland, Thomas Hamilton used a semi-automatic weapon to murder 16 children and a teacher at a public school.

For many years, the media had portrayed all gun owners as mentally unstable, or worse, criminals.

Now the press had a real kook with which to beat up law-abiding gun owners. Day after day, week after week, the media gave up all pretense of objectivity and demanded a total ban on all handguns. The Dunblane Inquiry, a few months later, sealed the fate of the few sidearms still owned by private citizens. During the years in which the British government incrementally took away most gun rights, the notion that a citizen had the right to armed self-defense came to be seen as vigilantism. Authorities refused to grant gun licenses to people who were threatened, claiming that self-defense was no longer considered a reason to own a gun. Citizens who shot burglars or robbers or rapists were charged while the real criminals were released.

Indeed, after the Martin shooting, a police spokesman was quoted as saying, “We cannot have people take the law into their own hands.” All of Martin’s neighbors had been robbed numerous times, and several elderly people were severely injured in beatings by young thugs who had no fear of the consequences. Martin himself, a collector of antiques, had seen most of his collection trashed or stolen by burglars.

When the Dunblane Inquiry ended, citizens who owned handguns were given three months to turn them over to local authorities. Being good British subjects, most people obeyed the law. The few who didn’t were visited by police and threatened with ten-year prison sentences if they didn’t comply. Police later bragged that they’d taken nearly 200,000 handguns from private citizens. How did the authorities know who had handguns?

The guns had been registered and licensed. Kinda like cars.

Sound familiar?

WAKE UP AMERICA, THIS IS WHY OUR FOUNDING FATHERS PUT THE SECOND AMENDMENT IN OUR CONSTITUTION.

“..It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds..”
–Samuel Adams

© 2003 Robert A. Waters – All Rights Reserve

2A Today for The USA – HR 45 is Unconstitutional

The Second Amendment – America’s most vital amendment but one which is under constant threat and attack. Watch this and pass it on as widely as possible and wake up more people. Also, visit jpfo.org for other download options. 

 

Vodpod videos no longer available.

more about “2A Today for The USA“, posted with vodpod

 

 

 

 

HR 45 – Gun Control Bill

gun_fault

Here we go again. Another odious gun control bill. This one is aimed at restricting guns, forcing people to get a mandatory gun license that requires licensees that move to register a current address within a prescribed period of time or face a penalty, creates a tracking database for licensees, makes it a crime to allow someone under 18 years of age to have access to your firearm, and on and on. Oh yeah, and if you do not keep your license current and pay the required fees, you cannot own a firearm, and if you lose your firearm or it is stolen, you have 72 hours to report it.

Maybe they should regulate spoons. After all, since our country has an obesity problem, it must be the spoons’ fault. Let’s license them. Anyone in possession of a spoon must keep it out of reach of anyone who is 20 or more pounds overweight, or face a fine or possibly 2 years in prison.

Here is the full text:

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:

TITLE V–FIREARM INJURY INFORMATION AND RESEARCH

TITLE VII–RELATIONSHIP TO OTHER LAW

TITLE IX–EFFECTIVE DATE

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.

What the Second Amendment Really Means – And What the Supreme Court Really Means

Today’s Supreme Court ruling on the Second Amendment – the first of its kind in our history – has been hailed in the corporate media as a “victory” for the Second Amendment and its defenders. It is anything but. In fact, it is a resounding defeat of our constitutionally guaranteed right to defend our lives and liberty from an increasingly despotic government.

When the founders wrote the Second Amendment, their intent was clear: in order that we, the people, may be able to ensure the future of our liberty, we must have the means to defend our most basic and fundamental of all rights: the right to life.

Much obfuscatory ado has been made about the language of the amendment being “confusing,” and to the majority of today’s dumbed down public, it probably is. However, for anyone with the ability to think critically, the language is clear enough. The main point of the amendment is stated quite clearly in its second clause, “…the right of the people to keep and bear arms shall not be infringed.” The preceding verbiage is really irrelevant to an understanding of what the amendment says.

One has only to consider that the Constitution was written, not to grant rights to the people and the states, nor to enumerate all of those rights, but to spell out the limitations of the government’s powers. It does so by clearly listing several existing rights that were recognized by the founders as necessary conditions of human life and that, among these is the right to keep and bear arms. Once one understands the purpose of the document, its “interpretation” is no mystery at all: the government cannot, under any circumstances, infringe upon the rights outlined and those left open to us by the Tenth Amendment.

By merely “considering” the Second Amendment and ruling on it, the Supreme Court has violated the very spirit, if not the exact letter of the Constitution, itself. The Constitution is the founding document of our nation, the only written guarantee we have of our freedom in the face of a corrupt and tyrannical government. For the Supreme Court to even assume that it has the power to revise, alter, or even reconsider what the Constitution says is, on its face, an act of high treason. By doing so, they have said, in effect, that the Constitution is null and void and that they will tell us what the law is.

The Supreme Court is not the law of the land – the Constitution is. It was intended to be followed to the letter, used as a guide by the court to determine whether any law or action is allowed or disallowed by the Constitution. That is the sole duty and responsibility of the Supreme Court and its own powers are also limited by the Constitution.

Having said all that, there is no way this “decision” – made in smoke filled corporate boardrooms, the White House and Congress and then handed down to the court as its instructions – is in any way a “victory” for the people. The actual language used by the court in rendering its opinion says that, while it acknowledges the people do have an individual right to own firearms, the court has added the terms, “within reasonable limitations.”

Let that sink in for a moment. What this really means is that, yes, you do have the right to own a gun, but the government will tell you under what conditions you can own and use it. It does nothing to strike down the existing plethora of gun control laws that have been accumulating on the books since 1933, and because it doesn’t, it also doesn’t really strike down the so-called D.C. handgun ban, as the media would have us believe. Think about it. If they have left the door open for further regulation, then the ban – being regulation, itself – does not “infringe” on your Second Amendment right, according to the Supreme Court’s twisted logic.

In other words, now that they have told us that further regulation of gun ownership is part of what the Second Amendment really means, then, by their interpretation, further regulation of any kind and to any extent or degree they choose to force upon us will be perfectly “constitutional.” After all, the Supreme Court has said so and who are we to question its infinite wisdom?

So, the end result of this devastating ruling is that, not only will our fundamental right to defend ourselves continue to be whittled away until it no longer is recognized at all, but so will all the other rights our constitution protects, now that the legal precedent has been set to allow the Supreme Court to dictate to us what the Constitution really means.

Gary Rea © 2008

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