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some pre-existing doctrine of natural law or common law or otherwise, or under Constitution or laws of any State, is repealed.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

[dragonblustar]

IBTZ!

[Arrowhead1952]

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.

Why is it that all democrats hate the Constitution? That is what our country was founded on and we need it now more than ever.

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

Hey guess what? My guns have been in my house for the last 30+ years and not one has ever jumped up and shot anyone. If we bring back and USE the death penalty for killers, maybe they will get a clue.

[Joe Brower]

In reference to your post #54, Mr. Barkley, I heartily recommend that you run on your prescribed platform. If that doesn't ensure your never attaining office, your myriad non-sequiturs certainly will.

[rollo tomasi]

I hope he last, liberallarry and murray’s mom (?) were hilarious in a misguided way.

[dragonblustar]

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

Liberals are always shooting their mouths off, why don't we ban open mouthed liberals?

[Viking2002]

So, Mike...........you wanna abolish the 2nd Amendment?

"But know this, that in the last days perilous times will come: for men will be lovers of themselves, lovers of money, boasters, proud, blasphemers, disobedient to parents, unthankful, unholy, unloving, unforgiving, slanderers, without self-control, brutal, despisers of good, traitors, headstrong, haughty, lovers of pleasure rather than lovers of God, having a form of godliness but denying its power. And from such people turn away, for his name is Obama."

[Dick Bachert]

Himself and 100 million gun owners. Sounds like a winning “strategery” to me! LOL.

http://www.youtube.com/watch?v=j73SsNFgBO4

[Vendome]

LOL

Buh Bye...

[Grut]

Mr. Barkley, Congress isn't legally competent to repeal a natural (i.e., God-given) right - it's well above their pay grade.

[wheresmyusa]

As has been said by many a FReeper you may come and take my firearms whenever you feel frisky enough, and i promise to hand them over to you. Ammo first.

Looking forward to your crushing defeat,

W

[paul51]

you’re on to something but you just don’t go far enough. We should repeal the whole constitution. The idea that we can have 300 million people walking around thinking and doing for themselves is ridiculous. Let’s be honest, it’s a formula for chaos and trouble. We elect a gov’t. Shouldn’t we be able to count on them to organize our lives, make the difficult decisions for us and take care of us in the most efficient way possible?

[Condor51]

Tell ya what Sparky. .....

• Liberal Hero Ted Kennedy killed more people than all my guns.
  
• Liberal Hero and TERRORIST Bill Ayers and his wife killed more people than all my guns.
  
• Liberal Hero Rachel Carlson killed more people than all my guns.
  
• Liberal Hero Mayor Daley and his polices killed more people than all my guns.
  
• Liberal Hero Mikey Bloomberg and his policies killed more people than all my guns.

Do you see a pattern here brainiac?

[50mm]

Your x-ray:

[Noumenon]

Dear Mr. Barkley,

Your Utopian dream is troubled by one little problem: enforcement. Let’s see where that goes. My suggestion is that you live the courage of your convictions. Be the first one to attempt that in my neighborhood.

Best regards,

Ward Dorrity

[Las Vegas Ron]

Well let me say this about that:

Since my 2nd Amendment rights guarantee you'll keep your grubby little tyrannical hands off of all of my other rights, I have two words for you Mike:

Molon Labe....though I know you don't have the guts to come and do it yourself.

[Bikkuri]

IBTZ XD

[OCCASparky]

IBTZ!!! Enjoy your (short) stay at FR.

[Smokin' Joe]

First off, I want the Right to Keep and Bear Arms repealed...

To what authority are you going to appeal to do this?

Rights are such that whether or not they are codified or enshrined in the writings of humans, they exist. The Second Amendment doesn't grant the Right to Keep and Bear Arms, it merely places it off limits to any Government following our Constitution.

We are shooting too many people in this country.

We, who?

I am not actively engaged in the shooting of people in this country, though some criminals may well be. The only other groups of people left "shooting people" (assuming you meant intentionally) are police and persons engaged in self-defense.

One could actually make the argument that if increasing numbers of people are being shot by police and persons defending themselves, perhaps 'we' haven't shot enough for the message to get through, or perhaps the courts haven't dealt with persons with prior offenses harshly enough and released them to commit more crimes.

Aside from a scattering of accidental/negligent discharges, criminal activity would account for the rest of shootings, so maybe it is the criminals who need to be curbed, not the persons defending against them.

There are too many guns, too easy access.

Who says "too many", and by what standard? Who says access is "easy"?

What is next? Your lawn is too large? Your car is too big? Your House? Your Bank account?

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

Oh, now I see. You think scratching out a few lines on a piece of parchament is going to get 80,000,000+ people to just willingly surrender their property, their right to self defense and self-determination?

My, you are seriously deluded.

[absolootezer0]

have you any idea how many laws you’d be breaking to implement that plan?

also, would you exempt law enforcement?

[Emperor Palpatine]

You sir, are unworthy of the title American citizen.

People of your ilk belong in Cuba or North Korea.

Even though I do not live in California, I will give significant sums of money to ensure your defeat. And I’m quite positive many other people who truly love and understand the Constitution will join me.