Category Archives: guns

On Gun Control

I had a thought. (oh no) so here goes. Putting it all together I find it hard to think that the states could even do any amount of gun control. Be it magazine size, type of weapon,  or any such thing.

You see we have a few things that I would think prevent it.  We have the 10th amendment.

Amendment 10 – Powers of the States and People

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

This says that if it is in the constitution the states cant play with it right? OK, so what is in the constitution. We find that the framers were so alarmed that the government would do something that is against the thoughts of the people that, that they needed to make sure no one screwed around with the one thing that we could use as a last resort to fix what is broken. what is that ? Well they said that you don’t mess with our guns. plain and simple. they thought so highly of this idea that they made it to be right after the right for free speech and religion. After all how can you protect those rights if you cant fight back right?

“Amendment 2 – Right to Bear Arms

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.”

Yes they mention a militia, but do you know what a militia is? It turns out it is you and me.  Even the laws of the USA specify that. under 10 USC it says that there are 2 different militias. That of the Guard and that of the people. it says that it is every man 17-45 that is not a felon.

“10 U.S. Code § 246. Militia: composition and classes

The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—

(1)the organized militia, which consists of the National Guard and the Naval Militia; and
(2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”
Ok so there is that. So how does a state get away with ANY gun law? According to the supreme court we should be able to just ignore these laws right, I mean they did decide that any law that goes against the constitution is invalid right?
“Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that violate the Constitution of the United States. Decided in 1803, Marbury remains the single most important decision in American constitutional law.[1] The Court’s landmark decision established that the U.S. Constitution is actual “law”, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government. “
So how do we get back to what the framers wanted? I guess we could go to the courts once again. the courts that were so liberal under previous administrations have exceeded their limits in my opinion.  They have allowed that which is not in the constitution and laws by allowing states to restrict certain things as long as they do not disallow the major things.(gun type, magazine size…. as long as they allow at least one type of gun.) All the while going against what the framers had in mind. That of the citizenry being able to fight the government using the same or better weapons that the government uses. you have to remember that the framers didn’t say guns were for hunting, they said it was to defend yourself , your state, and your country from the enemies of such. This is what we see starting to happen in Virginia right now, the people fighting back against a government gone wrong. They have said they were going to peaceably attempt this right now. We also see a corrupt government fight back with underhanded things. What I see of these 2A folks are folks that are upholding an oath that many of us have taken and have never been released from and the pledge we all took going back to grade school.
“I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
the basic oath we have all taken:
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.
And I will add in a link to Heller just because

NJ A1181 red flag law

Was reading the bill and it struck me that these legislators are a crafty bunch. they have woven the law in such a way as you may not be able to get your firearms back even after a successful outcome in the courts. your gonna love this one.  Here  is the bill –

If the court determines that the patient is subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3 and revokes the patient’s firearms identification card in accordance with the procedure established in subsection f. of N.J.S.2C:58-3, the court may order the patient to surrender to the county prosecutor any firearm owned by or accessible to the patient and order the prosecutor to dispose of the firearms.  When the court orders the county prosecutor to dispose of the firearms, the prosecutor shall dispose of the firearms as provided in N.J.S.2C:64-6. 

So now, the court has revoked your card. the cops show up and take your guns, and, put you under arrest and charge you with a felony.

Wait , WHAT?

Yup, they charge you with possession of a firearm without a permit. That’s right. you see you may not have known it but you didn’t have a permit at the time of arrest. Now not only do you have to fight the original charges that invoked the red flag. You now have to fight the charges of the unlicensed firearms. And if you loose that due to technicalities, (technically you were an unlicensed owner of a fire arm)you can never own a firearm ever again.

Oh just saw in that line something even more ludicris. did I just read it right? that they can take your weapons and you will never get them back because………. the prosecutor can dispose of the weapons. yup that is in there.  You have NO option to resell the weapons or gift them to someone. The only option is destruction of the weapons.

Don’t you just love how they craft these laws? NJ, what a state.

ref NJ Legislator bill 1181 https://www.njleg.state.nj.us/2018/Bills/A1500/1181_I1.HTM

Mo. Walmart Guy with a gun

 

 

As I watch all the news feeds and all, here is one that has popped up and become somewhat viral. That about the Guy in Mo. that walked around the Walmart with a shouldered rifle.While I will not support, I will not condone with out more info. But at this time this is the conclusions I have come to.

first off you have to remember Mo. is a legal open carry state.
then you have to ask, did he do anything that would deem him a hazard? from the reports I have, the only thing he did was don a vest, and shoulder a weapon, then walk around Walmart with a shopping cart. this action alone in that state should not have ellicited any real reaction from the people of that state. However his timing makes him stupid, after the recent shootings. As far as I have heard he made no threats or threatening actions(left his rifle shouldered). yes he was videoing it the whole time but, with this generation, EVERYTHING gets videod. Even when confronted by the fireman he offered no resistance that I have heard of. I did not hear of any resistance when he was aressted. so as far as I can tell he is guilty of only 2 things, being stupid, and possibly creating a public panic.

any comments or more facts? let me know.

after El Paso mass shooting

 

I was sitting on the Internet yesterday discussing what we could do to fix this mess with a friend. She is a teacher and described herself as very liberal. that’s okay, let’s discuss this and try to use just the facts. We went through a lot of stuff that she would like to see laws that pretty much everybody does already.  Stuff like a title for each gun, gun training, practical test, health requirements, liability insurance, and renewals inspections. Well, I thought, most responsible gun owners already do this. A responsible normal first-time gun owner will typically get training on that gun simply because he does not know how to use it and the store that is selling it will offer and insist on it. All gun sales are already registered, in most states you have laws that say you cannot get a gun with a mental health problem. Okay that takes care of her list.

I said okay let’s try and solve this, what has changed in the last 60 years that we have come to so many mass shootings. I mean the guns are pretty much the same, the bullets are the same. So what do we have left? The human factor. What has changed with the human factor in this period of time. Let’s look at some of the changes –

Stuff like we have the breakdown of the nuclear family.
we have 2 parents working and not home for the kids
we have more fatherless homes (over 90% of mass shooters)
we have the internet
we have more kids on psychotropic drugs (again over 90% of the shooters)
we have more kids on addhd meds (that may not need it)
we had or have a system that rewards kids for just being there
we now have cyber bullying.
we have kids that (out of our love for them) are sheltered from everything in the world.
we have kids that don’t go out and play as much
we have kids playing war games on the internet
religion has been taken out of our everyday life
we have a breakdown of our moral code
so what can we do to fix what is happening? What is the magic bullet? More regulations on guns? Doubtful that will help at all, as according to statistics 95% of the shooters have larger weapons unlawfully. All a new law would do, would be to hurt the legal gun owners. The red flag laws are so badly written that they are dangerous. They trample on our constitutional rights. And can be abused way to easily.

My solution, being an observer as I have no children and can only watch and help other parents, is to start young and teach your children responsibility, morals, try to keep your kids about drugs (especially the legal ones that are prescribed (over 90% were on or recently on drugs such as Zoloft)), watch what you get is on the Internet, take your kids to church. Support your kid, when they say they are having trouble at school, talk to them and help them through it. Teach them that the world is a hard place, but they can make it through. Teach them a simple lesson, that no problem is so tough that you cannot let it go. And yes, when you’re young kids do wrong, give them a spanking. I realize at this time in our history, we are unable to solve at least part of this equation, in that of having two parents in the house or even one parent at home for the kids(over 90% have no father in the house).

I ask you, what else have you seen that may be a cause, and what would be the solution. Obviously a new law will not help. As there are so many laws on the book right now it is not funny.there are so many laws on the book right now that police do not even know them,lawyers do not even know them.

So help me out and maybe we can find THE solution that would actually help. We do not need yet another Band-Aid law that will tear down our rights as citizens.

related posts:

another on mass shootings – http://www.ourmusic1.com/wp/?p=384

some thoughts on the red flag law – http://www.ourmusic1.com/wp/?p=347

A thought after NZ on Gun Control –http://www.ourmusic1.com/wp/?p=333

a “radical law”? – http://www.ourmusic1.com/wp/?p=280

Unconstitutional taking . New mag ban – http://www.ourmusic1.com/wp/?p=248

New Jersey and gun rights – http://www.ourmusic1.com/wp/?p=230

Murphy and guns? – http://www.ourmusic1.com/wp/?p=160

The 2nd Amendment – http://www.ourmusic1.com/wp/?p=142

on what to do to stop the next mass shooting – http://www.ourmusic1.com/wp/?p=140