Sunday, December 25, 2016

My gun-rights expectations for 2017

The Left keeps calling for "reasonable" restrictions on firearms. Unfortunately, virtually every existing gun law and every proposal from the anti-gun crowd is far from reasonable. They are almost entirely based on ignorance and emotion (horrible ways to make law).

I concede that some limitations on possession and use of arms is reasonable such as a prohibition on weapon possession by those who have proven to be irresponsible such as:
Former members of the Armed Forces who were discharged under dishonorable conditions
Fugitives from justice
Addicts and unlawful users of drugs
Those who have been adjudicated mentally incompetent
Persons who have renounced US citizenship
Illegal aliens

However, none of the 20,000+ gun-control laws already on the books has done anything to curb violent criminal behavior.

I expect Congress to work aggressively with President Trump to see that these changes in federal law are made promptly.

1 - Prohibit, by statute, all federal agencies from restricting arms and use of arms in any way. Congress must never delegate any authority to regulate arms in any way.

2 - Change "sporting purposes" to "lawful purposes" everywhere it is found in federal gun-control law.

3 - Clarify 18 USC § 930 to include personal protection as a lawful use of arms.

4 - Duplicate the concept of 36 CFR 2.4 in and on all federal properties such that any restrictions of the possession of arms be consistent with applicable state restrictions.

5 - Eliminate 39 CFR 232.1(l) or, at least, change the wording from "official purposes" to "lawful purposes as defined by state law".

6 - Eliminate all federal restrictions on arms in school zones (18 USC § 922(q)). Leave this matter to the states as required by the Tenth Amendment.

7 - Require the Department of Justice to aggressively enforce the Second Amendment in all 50 states, all US territories, and the District of Columbia.

8 - Use the Second Amendment to require all states, US territories, and the District of Columbia to give full recognition to all valid concealed carry permits issued by any other jurisdiction of the US.

9 - Remove short-barreled rifles, shotguns, silencers, and "any other weapons" From the National Firearms Act.

10 - Eliminate the Hughes Amendment which restricts private citizen ownership of a machine gun manufactured after the bill went into a law in 1986.

11 - Eliminate the Lautenberg Amendment which restricts gun rights based on certain misdemeanor convictions and restraining orders. (See 18 USC § 922(g)(8) and 18 USC § 922(g)(9)) If a person is dangerous enough to lose his/her gun rights, he/she should be in jail and/or have a felony conviction.)

12 - Eliminate the decades-old provision authored by Sen. Chuck Schumer that blocks appropriations for federal agencies that would restore gun rights for reformed ex-criminals. See 18 U.S.C. 925(c) and 27 CFR 478.144)

13 - In accordance with the Fifth Amendment, prohibit the VA and the Social Security Administration (and any other federal agency) from putting anyone (especially veterans) on any list that would restrict them from possessing and using arms for lawful purposes unless the individual is adjudicated in federal court as incompetent to possess and use arms. Immediately restore the gun rights of all veterans and other persons who have been restricted without due process of law.

14 - Authorize the repatriation of US-made collectible arms back into the US for sale to responsible adults.