Repeal the Right to Keep and Bear Arms (says Mike Barkley, Congressional Candidate)

GroundReport.com ^ | April 17, 2011 | Mike Barkley

[Immerito]

Repeal the Right to Keep and Bear Arms

by Mjbarkl April 17, 2011

Over the months since the Tucson massacre, not much has happened in Washington to address the problem, which is Too many guns, Too easy access. Inaction is understandable. They're all afraid of the big bad NRA and the gun netherworld behind it. There is another reason: following Justice Scalia's Supreme Court opinion in the Heller case, extended to all other jurisdictions under the McDonald opinion, all gun control is now in doubt. There is only one way to solve this problem and that is to take it head on: Repeal the Right to Keep and Bear Arms. I propose Amendment Resolution and Legislation as follows:

Phase 1 - The Resolution, Format is from H.J.RES. 438, 102nd Congress::

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States repealing the right to keep and bear arms.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid for all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States at any time after the date of its submission for ratification: 'Article--

1. Any right to keep and bear arms, whether under the Second Amendment to this Constitution, or under some pre-existing doctrine of natural law or common law or otherwise, or under Constitution or laws of any State, is repealed.

2. The privilege to keep and bear arms throughout the United States shall be under such Regulations as the Congress shall make.'

Phase 2 - A Tax; Following adoption of the constitutional amendment, a bill to tax:

1. There is imposed an annual tax on each and every firearm in any household as follows: a. first firearm, $10 b. second firearm, $20 c. third firearm, $30 d. fourth through ninth firearms, $100 each e. firearms in excess of the ninth, $1,000 each. 2. This tax is assessed and payable on each April 15 for firearms held by a household at the end of the preceding year, to be paid with a schedule listing firearm type, manufacturer and serial number, the schedule submitted along with the tax return of such member of the household as the members of the household may choose, with other members attaching a copy of that schedule to their tax returns as well indicating by which member the tax will be paid. Where firearms are owned by a partnership, if there is only one general partner the arms shall be included with the schedule of that general partner; where there is more than one general partner, the partners shall choose which partner will report the firearms. Where firearms are owned by a corporation, the corporation shall report and pay tax as if it were a household. Where fiscal years do not coincide with calendar years, reporting shall be as of the end of the previous fiscal year. Where firearms are owned by a legitimate museum, the museum shall report the ownership annually as if it were a household, but shall be exempt from the tax except for the penalties in section 4 below. Sham transfers, that is, transfers to a legitimate museum or to an entity with a different fiscal year, and then back again, shall be reported and taxed as if there had been no transfer. Sham exports, that is, export followed by reimportation shall be reported by and taxed to the exporter as if there had been no export. If a firearm has no serial number, the owner shall apply to the Bureau of Alcohol, Tobacco, Firearms and Explosives for the assignment of one, and upon receipt of the assigned serial number shall indelibly engrave that number at a suitable location upon the firearm.

3. This tax may be avoided by selling the firearm to a licensed gun dealer or by turning the firearm over to an official firearm collection location or by export before December 31 of the prior year. Once a month such collection locations shall turn collected firearms over to the Bureau of Alcohol, Tobacco, Firearms and Explosives for destruction, except that the Bureau may withhold from destruction such firearms as are of historical interest for later donation to an appropriate museum.

4. Any firearm lost or stolen will incur a $1,000 penalty in the reporting year it was lost or stolen. For any such lost or stolen firearm that is subsequently recovered by the owner that $1,000 penalty shall be rescinded and refunded, except if the firearm has been used in the commission of a crime chargeable as a felony an additional $1,000 penalty will be imposed.

5. For each firearm sold by a licensed firearm dealer that is subsequently used in the commission of a crime chargeable as a felony a $1,000 penalty will be imposed against that dealer for each such year in which that firearm was used in such a crime.

6. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Internal Revenue Service shall jointly promulgate regulations for administering this Act.

Join me. Run for Congress. Fix this.

Best wishes,

--Mike Barkley, Candidate for Congress, http://www.mjbarkl.com/run.htm

[muir_redwoods]

Repeal the second and they will find out first hand what it as meant to mean

[Skepolitic]

Say what you will about the wisdom or morality of banning private gun ownership, this proposal to repeal the 2nd Amendment is the most intellectually honest attempt ever made by the gungrabbers. All other attempts to grab guns have relied on dishonest sophistry regarding the 2nd Amendment.

Though intellectually honest, the intellect behind the proposal is rather dimwitted. The proposed amendment declares that “pre-existing doctrine of natural law .. is repealed”. Natural law, by definition, cannot be repealed.

[Darksheare]

He looks like a rapist/slasher.
His image would fit right in the movie Jigsaw.
As the puppet.
He somewhat resembles the psycho from the movie Manos Hands of Fate.

[Old Student]

If he actually makes it onto a ballot, he needs a visit with torches and pitchforks...

People like him are why I haven’t lived in California for 38 years.

[count-your-change]

Repeal the Light to Sleep and Arm Bears.

[SWAMPSNIPER]

HEY BUCKLEY!

You and the hose you rode in on!!

[Hot Tabasco]

There is only one way to solve this problem and that is to take it head on: Repeal the Right to Keep and Bear Arms.

Maybe we should make drugs illegal first........oh wait.....

[conservative_crusader]

I have only five words for Mike Barkley: “From my cold dead hands!”

http://www.youtube.com/watch?v=TQtrdFYDzCU&feature=related

[KeyLargo]

“Sunstein is on record attacking the Second Amendment. Watch in the following clip as he says “The Supreme Court has never suggested that the Second Amendment protects the individual right to have guns.”

http://www.prisonplanet.com/obamas-favorite-for-supreme-court-justice-sunstein-wants-to-ban-guns-free-speech.html

[PiperShade]

There’s a number of nations in the world we could send him - expenses paid - to experience his fantasies first-hand.....

But I give the gentleman credit; at least he recognizes it takes an ammendment to change our constiution. Far too many of the current ilk don’t ! Other than that his “pogrom” reads like a “take” from Ayn Rand’s “Atlas Shrugged”. >PS

[Immerito]

I sometimes wonder what the Founding Fathers would have said if they knew what happened to the nation they gave us.

But I suppose, at least in the case of John Adams, we know:

“Posterity, you will never know how much it cost the present generation to preserve your freedom. I hope you will make good use of it. If you do not, I shall repent in heaven that ever I took half the pains to preserve it.”- John Adams

[mjbarkl]

Vendome wrote:

> He is running against no one and probably has not even sent in the
> required paperwork and monies to run for Congress.

I have filed the Federal Election Commission paperwork even though their website is inconsistent on the need to do so. I have not specified a District since on or before 08/15/2011 every district except possibly #1 & #2 in California is going to change, resulting in a considerable flurry of activity among the present Congressional office holders to try and figure out which District they are going to move to, who they are going to run against, or are they going to stay in the same numbered District regardless of where it winds up - think for instance someone conservative winding up representing Congresswoman Maxine Waters’ District. For specifications on the process for redistricting see the text of Prop 20 on p. 95 in the voters’ pamphlet for the 11/02/2010 election
http://cdn.sos.ca.gov/vig2010/general/pdf/english/text-proposed-laws.pdf#prop20 . It should be an interesting scramble.

LaybackLenny wrote:

> Doesn’t even have the b@lls to just say “The Second Amendment to the
> Constitution is hereby repealed.”

Wouldn’t be enough. With the pre-existing right, plus those in the various state constitutions, if those other two legs are not also repealed they remain in effect via the 9th & 10th Amendments.

Best wishes, —Mike Barkley

[Vendome]

Admin Moderators!

PLEASE, DO NOT ZOT THIS FELLOW YET.

I am curious to hear his viewpoint.
************************************************************

So explain to me your reasoning for wanting to repeal the 2nd again?

[mjbarkl]

Vendome wrote:

> So explain to me your reasoning for wanting to repeal the 2nd again?

First off, I want the Right to Keep and Bear Arms repealed, of which the Second Amendment is only one leg of that 3-legged right.

Stripped to its most basic, reasons for wanting repeal:

1. We are shooting too many people in this country..

2. There are too many guns, too easy access.

3. Since Heller and McDonald, all gun control in this country is unconstitutional despite the bone tossed to the gun control people by Justice Scalia in Heller.

4. New and different forms of gun control are required to cut down the inventory and access problems and those cannot be imposed without first repealing the Right to Keep and Bear Arms.

Of course, this is not an “explain”; how far into that do you want me to go? Best wishes, —Mike

[Admin Moderator]

PLEASE, DO NOT ZOT THIS FELLOW YET.

After post 54, that's gonna be tough, but we'll let him continue to make an utter fool of himself for a bit longer.

[little jeremiah]

I’m on board!! “We” are shooting too many people in this country! And chopping, stabbing, bludgeoning, poisoning, suffocating and duct taping!

I’m for banning baseball bats, bricks, knives longer than a 2” pen knife, hatchets, machetes, poison and duct tape!

Right on. You are so compassionate, touches my heart.

And maybe everyone should wear mandatory mittens. Hard to strangle people that way. They could be fitted with buzzers that go off in police stations if anyone tries to take them off.

Oh, another great idea to prevent violence - video cams in every home! Just think of how many crimes would be prevented.

Are you running for office? I’ll vote for you!

[dirtboy]

Ping, see post 54, we got a live one over here.

[rollo tomasi]

Another evil creature peddling central planning who think personnel responsibility and self control are beyond the individual's grasp.

Count yourself as another useful idiot:



By the way,



Have a nice day, try to understand history a lot more and useless authoritarian theories a lot less.

By the way, why do you consider yourself a liberal democrat? Is it because you want to tax and spend "liberally"? Be honest, because you are so far away from being a classical liberal of the Enlightenment it is not even funny. May you find a flood of useful idiots like yourself, to guide your way to victory. Tyranny be your guide, but beware of men who wish to be free.

[50mm]

A gun-grabbing chew toy for your enjoyment.

To be added or removed from the VK/ZOT list, FReepmail Darkwing104.

[little jeremiah]

Am I psychic or what? He's not banned yet, I just checked his profile page and you won't believe what it says:

Candidate for Democratic Nomination for Congress