Posted on 04/18/2011 11:22:11 AM PDT by 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some pre-existing doctrine of natural law or common law or otherwise, or under Constitution or laws of any State, is repealed.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
Without guns, there would be no America.
You would disarm the Founders, and leave our people open to invasion, and worse.
One specific founder said an armed society is a polite society.
I believe the founders over you any day.
And guess what, everywhere that guns have been outright banned has seen an explosion in crime.
Because the criminals know they are safe.
How about this, you put your money where your mouth is, put up a HUGE sign in your yard proclaiming to ALL that you don’t have guns, and will not ever have one.
Let me know how that turns out for you.
He’s a real scummy nutbag.
Let’s apply your diseased thinking to other guaranteed rights:
Stripped to its most basic reason to repeal YOUR first amendment rights:
1.) too many people being offended.
2.) too much hate speech.
3.) New and different forms of speech control are required to cut down on hate speech and hate crimes, and this cannot be imposed with the First Amendment still standing.
Of course, this is not an explain; how far into that do you want me to go?
Do you even understand the purpose of the Second Amendment?
The main purpose is to enable "the People" to, in the vernacular of today, bitch slap the government upside its head if it got too overbearing!
It would be kind of hard to bitch slap somebody if you had no arms and hands, wouldn't it.
Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master. George Washington
Unless, of course, you think government is a benign entity.
Let’s do away with your protection from unlawful search and siezure, after all criminality is now endemic to society and people harbor criminalas.
If you disagree you must be a criminal, right?
The Second Amendment is in place as a guarantee of the rest of the enumerated rights.
And I bet you consider yourself an intellectual, don't you.
Besides, my ancestors tarred and feathered some Brits, then proceeded to fight to kick them out of America.
And I’d do the same for any wannabe dictator who comes into my sight, you included since you seem to want to follow the fascist totalitarian archtype on banning guns.
The Constitution and the Bill of Rights are LIMITS on the power of government.
ANY candidate who does not understand that is not worthy to walk the halls of Congress.
thanks for the ping!
In these dark days, we need all the laughs we can get.
They’re not worthy of ANY leadership position....
Bikk
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