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Repeal the Right to Keep and Bear Arms (says Mike Barkley, Congressional Candidate)
GroundReport.com ^ | April 17, 2011 | Mike Barkley

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some pre-existing doctrine of natural law or common law or otherwise, or under Constitution or laws of any State, is repealed.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


TOPICS: Miscellaneous
KEYWORDS: banglist; california; cwii; freefirezone; missaaronzelman; rkba; theywantusdead
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To: Immerito; mjbarkl
Thank you for the clarification Mr. Barkley - I'm curious because I googled your name and while you list you are an attorney and a CPA, the article I read that I assume is about you - well actually what I read was about a Michael J Barkley and wife (initial M I think) Jeanne who were sued for back taxes. If that is not you I apologize. But the article listed that this particular Mr. Barkley worked for Pacific Bell and was going to a school taking classes to become a teacher but had dropped out due to the time involved in taking care of his wife, who was ill. I'm wondering about your law degree and CPA license. When you had the time to obtain those if you were, indeed the person mentioned in this suit that was posted on line?

I ask because that would be an amazing accomplishment to obtain both a law license and a CPA license within such a short period of time and I would like to commend you if that does, in fact, pertain to you.

201 posted on 04/24/2011 12:12:55 PM PDT by WhyisaTexasgirlinPA (Chuck Schumer: You are a rude, pompous ass!)
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To: mjbarkl; Immerito
Thanks Immerito

OK, I’ll ask you again, if there are 20 of you in a room, are you all 20 democratics or 20 democrats?


Lose the [ic], because you are not democratic. Your progressive ideas have done nothing but pull this country apart. Just admit you are a communist.


By the way, I bet you also believe in abortion on demand. Have you ever heard of burying anyone when their heart is still beating? If not, why does your party believe in killing a baby with a beating heart?
202 posted on 04/24/2011 1:04:26 PM PDT by Arrowhead1952 (CW II will be the conservatives against the communists and Marxists.)
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To: Immerito

From my cold, dead hands, Binky! You might try to repeal the 2nd Amendment, although the odds are 99.999% against you, but my rights come from God, not you. I know God is a much higher authority than you, Mikey. Do us a favor, why don’t you go and live in North Korea, which is a paradise to you and leave us alone.


203 posted on 04/25/2011 7:35:27 PM PDT by Nowhere Man (General James Mattoon Scott, where are you when we need you? We need a regime change.)
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To: gov_bean_ counter
I'd rather repeal Mochelle's right to bare arms...

Just sayin'


Ugh, then we'd end up with the "Venus De Crappo" in Wookie version. Ouch, my mind is fried now. B-P
204 posted on 04/25/2011 7:38:02 PM PDT by Nowhere Man (General James Mattoon Scott, where are you when we need you? We need a regime change.)
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To: mjbarkl
I know she has gone to Valhalla with the other past Viking Kitties, but this one needs a zot, plus this one can run on 120 volts, 60 cycle A/C. The Rainbow Bridge to Asgard has really been busy today with my Viking Kitties.

Photobucket

Pansy: b. 8-19-1987 - d. 8-27-2006.
205 posted on 04/25/2011 7:45:08 PM PDT by Nowhere Man (General James Mattoon Scott, where are you when we need you? We need a regime change.)
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To: mjbarkl
1. We are shooting too many people in this country.

I like what Archie Bunker always said, "would you feel any better if they were pushed out of buildings?" OK, let's ban all knives, cars, bowling balls, chemicals, ice-picks and so on in this country too. Heck, if one is determined, you can kill with bare hands.

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

So what? To deny protection is to deny a right given to us by God and we need access to the tool needed for that. Anyhoo, there are still other ways to harm people. I know some people that can even make their own firearms from plans. If I had to, I could come up with a zipgun at least.

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.

It's the way it should be.

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.

I'll be honest, that'll happen over my dead body. As the Texans at the Alamo told Santa Anna, "Come and Take It!"

Why can't you just quit being an agitator and move to a country where they have gun control instead of pushing your views on us?
206 posted on 04/25/2011 7:53:18 PM PDT by Nowhere Man (General James Mattoon Scott, where are you when we need you? We need a regime change.)
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To: Immerito

bump


207 posted on 04/26/2011 2:33:25 AM PDT by BulletBobCo
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To: mjbarkl

If you’re concerned about too many people being shot in this country, why not push for a law against shooting people?


208 posted on 04/26/2011 6:02:03 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: DuncanWaring

Bearing arms is part of freedom.

If the Chinese had guns, they’d be rebelling right now or back during Tianemmen.

“...my cold dead hands...”


209 posted on 04/26/2011 11:13:07 AM PDT by rbmillerjr (Murdering unborn children is the highest sacrament in the liberal religion.)
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