3 Outdated Gun Measures and no the 2nd Amendment isn’t One

Society has gone nuts. Suddenly our lives are binary, either / or, you are with us or against us. I say BS.

I’m going to pitch a hanging curveball for either side to hit out of the park. For gun control, and to protect the 2nd Amendment, how about if we REPEAL specific restrictions about guns? No, I don’t believe that repealing 3 measures that have been enacted from the years 1996 to the present will solve all the problems. I’m just hoping that giving both sides a half inning, we might move forward in the game of life.

Rest assured that 1996 is not a typo. I’m not advocating a repeal or any changes to the 2nd Amendment. The 2nd Amendment became part of our Constitution back in the year 1791. I’m suggesting repealing 3 firearm measures that became law beginning 205 years after the ratification of the 2nd Amendment.

These 3 actions occurred after I turned 18, and I had graduated from high school where my friends and I kept firearms in our vehicles parked on school grounds. It seems like everyone argues in favor of the “olden” days when things apparently weren’t “Crazy.” Obviously, violence is not new, but I’m just asking if your or my 2nd Amendment rights were being violated prior to these statutes?

Our rights were violated is the argument today. That is the legal interpretation of the SCOTUS decision in Heller back in the year 2008 which changed the previous 217 years of precedent. Even with that decision, I think more people should read the late Justice Antonin Scalia’s Opinion of the Court more carefully.

Supreme Court rulings have changed legal interpretations. I’m not suggesting a challenge to that SCOTUS ruling. In fact, I am supporting the idea that a gun is a tool. Guns are powerful and can be deadly, but other tools can kill as well. I’m stating that by repealing these 3 measures that guns will receive similar treatment to practically any other tool.

Let’s repeal:

1) The Dickey Amendment that is part of Public Law 104–208 which passed in 1996.

I know that the recently passed Omnibus funding bill makes alterations to Dickey, so please spare me that argument.

What the omnibus doesn’t address, however, is that for those adjustments to mean anything then the Tiahrt Amendments need to be addressed so:

2) The Tiahrt Amendment that became attached permanently to DOJ Appropriations in fiscal year 2007. It began as a rider to DOJ Appropriations in fiscal year 2003. One can easily look up DOJ Appropriations for any year which I encourage readers to do.

Unfamiliar and don’t want to read dry appropriations documents?

Here, I’ll just link 2 pieces about Tiahrt from different perspectives, Gifford Law Center and NRA-ILA.

It’s true that Congresses since the 110th which made Tiahrt a permanent attachment have passed subsequent legislation altering its original scope. Still, nobody seems to agree about what information can and cannot be obtained because of the quagmire. Let’s just repeal this rider.

3) 15 U.S. Code Chapter 105 enacted into law in 2005.

I know, the avoidance of lawsuits and burdening our court system is a given and ready argument. It’s true that other industries have similar, although more limited protections. I’m not denying that fact. I’m just suggesting that guns be treated the same as other tools. If used properly, they are helpful and if used improperly they can have devastating consequences.

Please consider:

The Dickey Amendment technically did not ban gun research, only advocacy. Its real goal and one it easily achieved was to scare federal agencies into thinking twice about even collecting data that might reflect badly on gun ownership.

Tiahrt prevents the opportunity for the public to experience and demand newer technology. It limits the effectiveness of laws on the books by handcuffing law enforcement. It prevents the release of necessary data to conduct legitimate research upon which to base rational arguments.

15 U.S. Code Chapter 105 affords the gun industry specific protections that other industries do not have. Others have some protections, but not to the same degree and scope as firearms.

Remember that I’m not suggesting touching the 2nd Amendment, the modern legal interpretation, or adding any new laws. I’m proposing doing away with changes enacted in 1996, 2003 (became permanent in 2007), and 2005.

  • If we have the 2nd Amendment?
  • If as some contend the right to bear arms is a natural right that existed before the 2nd Amendment?
  • Why do we need these measures that were enacted just in the last 22 years?
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Please God I’m 16 and Didn’t Try to Get Murdered

You didn’t know me, and I never met you. Still, you act like I need to apologize to you because I died.

I don’t think you understand, but I wasn’t ready to die.

I experienced what I once read, seemingly a long time ago, maybe yesterday, perhaps this morning, from a Dear Abby column that Mom or possibly Dad put on the door of the refrigerator. YOU DID NOT!

I think it was like this, but I don’t know for sure. You’re yelling for all to hear, but I can’t hear you. I’M THE ONE WHO GOT MURDERED!

A portion of that column on the refrigerator door:

“It doesn`t matter how the accident happened. I was goofing off–going too fast. Taking crazy chances. But I was enjoying my freedom and having fun. The last thing I remember was passing an old lady who seemed to be going awfully slow. I heard a deafening crash and I felt a terrible jolt. Glass and steel flew everywhere. My whole body seemed to be turning inside out. I heard myself scream.

Suddenly I awakened; it was very quiet. A police officer was standing over me. Then I saw a doctor. My body was mangled. I was saturated with blood. Pieces of jagged glass were sticking out all over. Strange that I couldn`t feel anything.

Hey, don`t pull that sheet over my head! I can`t be dead. I`m only 17. I`ve got a date tonight. I`m supposed to grow up and have a wonderful life. I haven`t lived yet. I can`t be dead.

Later I was placed in a drawer. My folks had to identify me. Why did they have to see me like this? Why did I have to look at Mom`s eyes when she faced the most terrible ordeal of her life? Dad suddenly looked like an old man. He told the man in charge, “Yes, he is my son.“

The funeral was a weird experience. I saw all my relatives and friends walk toward the casket. They passed by, one by one, and looked at me with the saddest eyes I`ve ever seen. Some of my buddies were crying. A few of the girls touched my hand and sobbed as they walked away.

Please–somebody–wake me up! Get me out of here! I can`t bear to see my mom and dad so broken up. My grandparents are so racked with grief they can hardly walk. My brother and sisters are like zombies. They move like robots. In a daze, everybody! No one can believe this. And I can`t believe it, either. Please don`t bury me! I`m not dead! I have a lot of living to do! I want to laugh and run again. I want to sing and dance. Please don`t put me in the ground. I promise if you give me just one more chance, God, I`ll be the most careful driver in the whole world. All I want is one more chance.

Please, God, I`m only 17!”

I wasn’t in a car, on the road. I did not see or feel glass and steel everywhere. I wasn’t goofing off or taking crazy chances. I was sitting in my desk in English class. I was listening to Coach Arnold recite a poem by Emily Dickinson.

“ I heard a Fly buzz – when I died –

The Stillness in the Room

Was like the Stillness in the Air –

Between the Heaves of Storm –

The Eyes around – had wrung them dry –

And Breaths were gathering firm

For that last Onset – when the King

Be witnessed – in the Room –

I willed my Keepsakes – Signed away

What portions of me be

Assignable – and then it was

There interposed a Fly –

With Blue – uncertain stumbling Buzz –

Between the light – and me –

And then the Windows failed – and then

I could not see to see –

I never had the opportunity. Well maybe I did, but I never thought about willing my keepsakes away.

I did not see a fly or hear it buzz.

I HEARD SCREAMS. I HEARD GUNSHOTS COMING FASTER THAN I COULD COUNT.

The only other thing I recall is Please God, I’m only 16. I won’t be 17 until the summer.

MY MURDER HAS INCONVENIENCED YOUR LIFE AND YOU TALK ABOUT WHY:

Look, I’m sorry that more people die in car accidents. I lost a close friend because something ran into the road, and he swerved. He would have been OK if it had happened at any other place on that road, but it happened where they were working on the highway. Instead of just being stuck in the ditch, his car hit that big machine and it fell, crushing my friend’s car.

A gun is something that can kill. That’s the purpose of the tool, just like a garden hose is manufactured to transport water some distance away from the spigot. Practically anything can kill. Some can kill more animals or people faster; some requires skill and training to use to kill one or many; some only require a finger, a toe, or anything to pull a trigger.

I admit that I don’t know much about guns. Dad owns several that he keeps locked in his gun safe. He can break each down and put it back together blindfolded, but I can’t.

Last winter, he took me hunting and I shot and killed a deer. He said it was a spike. I only know that it had antlers, and we ate the venison. I’ve shot all of his guns at one time or another. He always supervised and was strict that I do exactly as he told me whenever I handled a gun. No, he wasn’t mean. He spoke with me the same way when he showed me how to use any of his tools. Mom did the same helping me learn how to drive the car. I don’t love guns, but I don’t hate them either. I’d just rather ski in the winter or do anything where I’m running or jumping than just sitting and waiting for some deer to walk by.

People talk about guns for self-defense, but I’ve never carried a gun for that purpose. I have studied Brazilian Jiu-Jitsu for four years now. We focus about how to avoid an attack. If an attack cannot be avoided, we learn how to escape. If we cannot escape, we learn how to control the attacker. Mom has been studying for the last two years with me. She even used what she learned when a thug tried mugging her. Even Dad, who was a Marine for 20 years has started training.

Is it foolproof? I don’t think so, but what is? If I gun was then why do police officers get killed? If it’s gun free zones, why did all those officers and others get murdered in Texas? Whether it’s one person or 1000 people, murder is still murder.

WOULD CARRYING A GUN PROTECT ME? I DON’T KNOW. I DIDN’T EVEN SEE THE PERSON WHO MURDERED ME SO IT PROBABLY WOULDN’T HAVE MATTERED.

I know that Brazilian Jiu-Jitsu requires muscle memory. So does skiing. So does soccer. Your skills fade without practice. Handling a gun can’t be any different.

Dad doesn’t have the same muscle memory or efficiency with a weapon like he had while serving in the military. He doesn’t have the same level of awareness that he had out on the battlefield. My Uncle who is a police officer is required to do a lot of training each year. Maybe you could get lucky with your handgun and avoid 30 rounds while landing one to stop a killer. If my Uncle can’t do it all the time during his training simulations when he knows that he will have to shoot. If Dad could not do it on the battlefield when he knew the enemy was likely in the next building. Don’t claim that I could. If you can, prove it to our military and law enforcement and get a job helping them if you are that good.

I don’t see the relevancy that you do but for your information, I can’t tell anyone anything about Planned Parenthood or the NRA. I can, however, name every member of my state’s congressional delegation thanks to Mrs. Rhodes and Civics class. I made and A in my history class. I can talk about the Constitution because I compete in the oratory contest that the American Legion holds. This year I came close to going to nationals in Indianapolis. I finished second in the entire state. I wasn’t disappointed because this was only my second year to compete in the contest. Thanks Mrs. Rhodes, Coach Arnold for the public speaking help, and of course Mr. Perkins for teaching history and helping me find primary sources for my speeches. Maybe next year…

Wait, there isn’t a next year. Someone walked into my classroom and murdered me.

I appreciate the thoughts and prayers. Really I do.

I just want to know why you seem so put off, so vocal, so demanding that my death somehow hurts your rights?

Why does my death mean less than all these statistics you cite about how other people died?

Why are my friends and classmates being vilified for asking questions and wanting to prevent others and even themselves from being murdered like me?

They don’t have a magical solution that’s 100 percent effective.

You don’t either.

They’re concerned because they experienced this terror.

You’re concerned why?  It’s not because you think you’ll be next.  It’s because my being murdered is a threat to your way of life.

I’M SORRY THAT OTHER PEOPLE DIED BEFORE ME. I’M MEETING SOME OF THOSE PEOPLE WHERE I’M AT RIGHT NOW. SOME WERE MURDERED JUST LIKE ME. WHO DID AND IT AND HOW THEY DID IT REALLY DOESN’T MATTER TO US RIGHT NOW. WE’RE ALL DEAD, AND I KNOW THAT I WASN’T READY TO DIE JUST YET.

IF I MEET SOMEONE MURDERED WHO WAS READY TO BE MURDERED, I’LL TRY TO LET YOU KNOW.

For now, I’ll just say that I’m sorry that my being murdered makes you feel like someone will make your life inconvenient. No offense, but I feel more sorry for my family and friends who knew me. I just want to limit the chances of someone else getting murdered. My friends feel the same way. That’s why we’re trying to be heard.

I’M SORRY MY BEING MURDERED INCONVENIENCES YOU!!!!

PLEASE GOD, PLEASE EVERYONE, I WAS ONLY 16.

Today the 2nd Amendment was Infringed

Barring nothing unexpected, the US Senate will vote shortly on H.R. 3626 which passed the House last Tuesday by a voice vote.  Actually because of the winter storm pushing schedules forward, the vote took place during my writing and passed.

Here’s the bill.

It’s an extension of the Undetectable Firearms Act of 1988 for 10 years.  The former bill labeled as H.R. 445 of the 100th Congress which became Public Law 100-649 can be read here.

Passage in the House was such a given that only a voice vote occurred.  The NRA does not oppose the extension, but it should be noted that they oppose any expansion such as a requirement of an irremovable metal component.  Groups such as the Gun Owners of America expose the extension.

People debate the capabilities of a “plastic” gun.  You may have heard or seen the blueprints to the Liberator pistol distributed by Defense Distributed.  The ATF has tested different “plastic” gun models.  Some have exploded while others have proven capable of firing a handful of rounds before the gun breaks down into an unusable state.  Some individuals have claimed weapons which are more durable.

With the advent of 3 D printers, what is possible?  Today many legislative arguments are that the production of such weapons via this technology is cost prohibitive.  For retail sail, that position is probably correct.  For someone with a criminal intent, would cost matter?

I’m not arguing for or against this legislation.  I really can’t say if it makes people in the United States safer today, back in 1988, or the two previous times a Congress renewed this ban.

My point is how the extreme groups on either side have made the gun control or gun safety arguments into emotional issues and the lack of rational thought in most discussions.  Regulations prevent the real enforcement of many existing laws.  In many cases, prosecutions can only be based upon nothing more than paperwork crimes.  An illustration is Fast and Furious.  Regardless of personal political ideology, the Congressional hearings are a waste of time and money.  I write that not because of innocence (although I believe in presumed innocent until proven guilty), but because Congresses have passed enough “protections” at the urging of the gun lobby to make proving guilt impossible.

The NRA and many “conservative” sources applauded when a firearms dealer refused to sell a gun to Mark Kelly.  I wrote about it here.

What bothers me is that many of these Members of Congress and groups who argue for limited government, personal freedom and rights actually embrace those ideas only for them themselves and when it is for their own benefit.  Listen to the uproar if a rule or regulation applies to them as opposed to someone else.   It is a double standard.

With the 2nd Amendment, I look at the historical application.  The inclusion of the term militia is of high significance and even today’s gun lobby with historical roots accepted and actually embraced that militia aspect until the 1970s.  In my lifetime, the only legal hurdle I ever faced with any weapon I have purchased or shot involved an ammunition ambiguity with the 1986 law signed by President Reagan.  That impediment resulted in exchanging a few boxes of old cartridges for new ones.  None of the weapons bans, confiscations, presidential statements, orders, actions, and so on ever impacted me personally, and I doubt anyone that I know.

Still, anyone can believe differently.  My question tonight is with the NRA.  How does this extension not infringe?  Myself, I’m of the position that it must not because no monetary issues exist for the NRA here.  How much do they receive from plastics and ceramics producers?  Do they make 3 D printers?  Even smeltering became a great gun confiscation conspiracy, so why not this legislation?

The rational argument might be that a new type of weapon or manufacturing process is simply not possible.  I wonder if an Austrian named Gaston Glock ever heard the same argument.  Of course he was not a gun designer but an engineer and manufacturer.