Posted on 01/30/2003 12:26:03 PM PST by 45Auto
We all knew it was just a matter of time. Mandatory federal gun licensing. Gun owners: Now is the time to show your clout. Never mind if you belong to the NRA, GOA or none of the above: Now is the time to tell Congress No. Now is the time to tell your local Sheriff that you will not submit to yet another unconstitutional federal junk law.
For conservatives out there: Let me remind you - this is a Republican controlled Congress. In a perfect world, this type of legislation would never get out of committee with a GOP controlled Congress. However, we know that Congress is full of anti-Second Amendment Republicans. This particularly odious piece of legislation was introduced by Congressman Rush Holt, [D- N J], bud of Comrade Nancy Pelosi.
Holt has never met a welfare cause or politically correct issue he didn't like and wants you to fund. This man is quite obviously constitutionally challenged and despises the very freedoms we have been given by God. It's time for every gun owner in this country to tell these people and your local sheriff that We the People will not roll over and let our God-given rights be stripped from US.
The Bill - H.R. 124
You can search for bills in the House at: http://thomas.loc.gov
H.R. 124 hasn't come back from GPO yet, but has gone to the Committee on the Judiciary. Due to space restraint, here are a few highlights:
H.R. 124
To provide for the mandatory licensing and registration of handguns.
SECTION 1. SHORT TITLE.
This Act may be cited as the `Handgun Licensing and Registration Act of 2003'.
Sec 2. Federal Handgun Licensing and Registration System to Apply in Any State That Does Not Have a Handgun Licensing and Registration System That Meets Certain Requirements
(a) IN GENERAL- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
Sec. 931. Licensing and registration of handguns
(a)(1) The Attorney General shall establish a Federal system for the licensing and registration of all handguns owned, possessed, or controlled in the United States, which shall include a method for easily retrieving information sufficient to identify--
Constitutionality Since when does Congress, under Art. 1, Sec. 8, have the authority to dictate anything you read above? Never. They have only gotten away with it the past because The People have let them get away with it. No more. The original Bill of Rights as provided in the first Ten Amendment to the Constitution of these united States of America, effective December 15, 1791, contain this language:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
These few words have turned into 10,00 court decisions and made anti-gun attorneys fat cats. A million words have been put into court decisions by judges trying to figure out one of the most simple rights We the People were given by our Creator, not any government.
These critters in Congress seem to forget the order of things: The lawmakers of the colonies, realizing that some areas that affected everyone needed to be uniform: war, trade, commerce, copyright, patents, taxation, began the process of setting up a central government with limited areas of legislation well defined.
The prominent leaders and lawmakers of the time got together, hashed out the fine points and created the U.S. Constitution, which included those rights God-given to man that would not be violated, infringed, made into privileges or anything else.
The Courts While the circuit courts have been all over the place on this issue, there were two very important U.S. Supreme Court decisions within the last decade that have direct bearing on this junk bill: U.S. v. Lopez, 115 S.Ct. 1624 (1995)
Chief Justice Rehnquist delivered the opinion of the Court.
In the Gun Free School Zones Act of 1990, Congress made it a federal offense "for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone." 18 U.S.C. § 922(q)(1)(A) (1988 ed., Supp. V).
The Act neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce. We hold that the Act exceeds the authority of Congress "[to] regulate Commerce . . . among the several States . . . ." U. S. Const., Art. I, §8, cl. 3. Printz v. United States (95-1478), 521 U.S. 98 (1997)
Brady Handgun Violence Prevention Act provisions require the Attorney General to establish a national system for instantly checking prospective handgun purchasers' backgrounds, note following 18 U.S.C. § 922 and command the "chief law enforcement officer" (CLEO) of each local jurisdiction to conduct such checks and perform related tasks on an interim basis until the national system becomes operative, §922(s).
Petitioners, the CLEOs for counties in Montana and Arizona, filed separate actions challenging the interim provisions' constitutionality. In each case, the District Court held that the background check provision was unconstitutional, but concluded that it was severable from the remainder of the Act, effectively leaving a voluntary background check system in place. The Ninth Circuit reversed, finding none of the interim provisions unconstitutional.
Held: 1. The Brady Act's interim provision commanding CLEOs to conduct background checks, §922(s)(2), is unconstitutional. Extinguished with it is the duty implicit in the background check requirement that the CLEO accept completed handgun applicant statements (Brady Forms) from firearms dealers, §§922(s)(1)(A)(i)(III) and (IV). Pp. 4-34.
This current bug-a-boo H.R. 124 most definitely falls within both the above decisions. Congress, once again, is attempting to legislate in an area for which they have no constitutional authority. Most likely, these cretins in Congress know this to be true. However, it does keep real Americans fighting such anti-American legislation, using valuable time and financial resources that could be directed elsewhere. Not to mention, it continues to enrich despicable lawyers who continue to get rich off the gun issue.
Without our guns, we're toast. Without our guns, we will be another North Korea before you can blink. Freedom is for the bravehearts. I hope everyone will join me in sending Congress critter Holt a polite but pointed e-mail, along with your house member and your local Sheriff. The old way of doing things is over. Tell these people NO. Let them know what We the People will not compromise or bend another inch. Call their bluff. There's 70 million of us. Let them chew on that fact.
If this law passes, will you support it? If not why not, if so why?
First I asked about a 'hypothetical' gun registration law. You said you'd not support it, but not why.
Then you tried smoke and mirrors with demanding non-exisiting court rulings for non-existing hypothetical cases.
Now I have asked you about an actual case, and you say you've answered when you haven't.
Why is it so hard for you to give a straight answer to a straight question?
Again, if the law in this thread is passed, will you support it and why or why not?
C'mon, it's a simple set of questions.
Would you support this law and why or why not?
No,but that isn't important. The important thing is that our current president WOULD support it. He made a statement during the 2000 elections that he would sign into law ANY gun control law passed by Congress and sent to him for his signature.
Would you register your hanguns?
Nope
Would you turn in those you knew to be non-compliant?
Nope again. I'd even go beyond that and never deny I had them,and I'd never hide them.
Really? Cite it.
Perhaps any such bill should be entitled the "Make Bush a One Term President Act".
Well,it sure worked that way for this father,didn't it?
ANY gun law. The original question was asked by a anti-gun reporter who was trying to trap Bubba-2 into admitting he would refuse to extend the so-called Assault Weapons Ban if Congress were to pass a bill to extend it or make it permanent. He answered with,"I will sign into law any gun control law that Congress passes and sends to me to sign". Bush-Bots at that time were talking about what a clever answer this was,since Congress would most likely not be in a position to pass new gun laws. None the less,I didn't like his answer,and neither did a lot of other people.
I think you better find the link or actual quote for that one.
Why? It wasn't exactly a secret,and I didn't make it up. It's not my fault you missed it.
Really? Cite it.
Would you support this law and why or why not?
Grow up and quit trying to play silly-ass games. I have specificically asked you if you would support the law proposed in this thread, and why or why not.
Your evasiveness implies that you are very uncomfortable expressing an opinion and having to answer for yourself.
Besides that, your honesty leaves much to be disired.
On #42 you said:
"Asked and asnwered"
Which was incorrect. You never did that any anyone can read the thread and see that you did NOT answer teh question.
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