Assault weapons ban wont be in Dems gun bill – Yahoo! News.
Diane Feinstein’s nose has been bloodied. Her proposed ban has been dropped from the bill going to the Senate. However, it could still be revived as an amendment to bills that do go forward which include “universal” background checks and possible attempts at a national gun registry. As a community, we still need to keep up the pressure on Congress and our respective state legislatures.
-Gary
Ted Cruz is earning his paycheck as a Senator from Texas. Earlier today, Cruz and Diane Feinstein squared off in the Senate Judiciary Committee meeting. Cruz, very respectfully addressed the Senior Senator from California (Feinstein) and directly asked if she believed her current endeavor would be consistent with the context of the Bill of Rights if applied to the 1st Amendment only applied to those books Congress deemed OK or the 4th Amendment applying only to those individuals Congress saw fit to protect.
In response, Feinstein declared, “…I’m not a sixth grader.” The only thing she didn’t say was “look here you little whippersnapper…I’ve been doing this since you were in grade school.” But most importantly, she said the following, “…I’m not a lawyer. But after 20 years, I’ve been up close and personal with the Constitution. I have great respect for it. This doesn’t mean that weapons of war… And the Heller decision, clearly points out three exceptions. Two of which, are pertinent here…”
The three exceptions she’s talking about appear on pages 54 and 55 of the official opinion of the Supreme Court in D.C. v .Heller. Specifically, the Court stated, “Like most rights, the right secured by the Second Amendment is not unlimited…nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”
Now it is obvious that Feinstein plans to work under the premise that “laws imposing conditions and qualifications on the commercial sale of arms…” would be deemed Constitutional in the eyes of the Supreme Court. But, let me muddy the water even more with a caveat or footnote regarding the exceptions discussed above. This footnote appears at the bottom of page 55 and reads as follows, “We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.” My suspicion is the Feinstein and others see this as wiggle room providing the regulatory authority to ban standard capacity magazines and semi-auto firearms.
The Court’s opinion goes on to state, “We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.” This part of the opinion, in theory and in the opinions of many legal experts, should protect standard capacity magazines and semi-auto firearms specifically because they are in “common use” for lawful purposes. The problem we face is that Congress could readily pass a ban anyway. Feinstein and others argue that semi-auto firearms and standard capacity magazines are NOT in common use for lawful purposes, or else Biden wouldn’t be telling you to go get a double-barrel shotgun. This is where calling your representative or senator becomes so important to preventing such a ban from becoming law. Because if it does, like the D.C. and Chicago handgun bans, it will have to go to the Supreme Court to be struck down or a new Congress would have to repeal it. Neither of these are easy roads and a great deal of damage will be done while the laws are in place. As the old saying goes, an ounce of prevention is worth a pound of cure.
-Gary
Charges against first suspect in Lone Star College shooting dropped | News – Home.
In another case of early reports not necessarily being correct, charges against Carlton Berry, the original suspect in the Lone Star College shooting have been dropped. The prosecutors say they have determined there is insufficient evidence to charge him or proceed to trial. Further statements seem to indicate that his charges are a result of guilt by association and identification First, one of the shooting victims identified Berry as the shooter initially but, later said he was wrong and that Foster was the shooter. Second, Berry was seen on video walking next to (not necessarily with) Trey Foster. Foster was also charged with 2 counts of aggravated assault and has apparently admitted to being the shooter.
Now, what bothers me is Quanell Evans (aka Quanell X) is out still defending Foster. Foster bought the gun legally at Gander Mountain and originally claimed he had a CHL. Well on further review, it appears Foster only took “courses to legally carry a gun, but did not finish them.” Um, would that be because Foster had a criminal history for resisting arrest (a felony) and possession of a prohibited weapon (Class A misdemeanors) that should have permanently disqualified him for both concealed handgun license, let alone buying a handgun!
I’m sorry but, this case still reeks of turd like behavior by what appears to be a habitual turd! The left jumped all over this case calling for more gun control laws. But once again, we have a case of existing laws being broken and/or not enforced. What’s the point of having background checks if Foster, with a criminal history that includes resisting arrest (again, a felony!), is “passing” said background checks?
Quanell Evans says Foster carried a gun because he’d been shot before. Foster’s family says he snapped because he’d been getting threatening messages. Folks, none of these things are excuses for all the laws Foster apparently violated let alone shooting someone in this situation. CHL or not, it is ILLEGAL to carry on a college campus at this time. Deadly force is NOT AUTHORIZED as a response to unlawful force…Unlawful deadly force is another story but, by his own admission, that’s not what we were dealing with. What grown ass man gets into a fight over someone bumping into you?!?! This is an issue of maturity or more specifically, a lack there of.
-Gary
Correction: Need to correct something here folks. Earlier I said carry on campus wasn’t legal even with a concealed handgun license…That’s wrong. Hold your horses! Fact is, the campus itself does not constitute the “premises” of the school as defined in Texas Penal Code, Chapter 46.035. More specifically, premises is defined as the structures contained there in so one would have to enter a school building (not just the parking lot or walkways) to violate the law with respect to being the holder of a CHL. However, that doesn’t change the fact that Foster was illegally carrying a handgun on or about his person which again, is violation of the law.
Above is a link to an interesting article brought to our attention by a GOTR listener and friend. Dear God, I hope the author is wrong but, the fact is, he’s so right it’s scary. I realize I’m preaching to the choir but, there are a bunch of liberals who need to read this and truly understand it. There are at least 50 million, possibly over 100 million people who will not simply lay down their arms in the name of all that is fluffy and smells of kittens and roses.
– Gary
Wis. sheriff urges citizens to get gun training – Yahoo! News.
Honestly, I’m quite impressed this sheriff had the huevos to say it publicly. The only shame here should be Roy Felber’s. He’s the president of the Milwaukee Deputy Sheriff’s Association and says it sounds like vigilantism. So it seems Roy is the kind of cop we all hate…The guy who says, be a good victim until I get there to save you. Just relax and try to enjoy whatever befalls you until the police get around to answering your call.
Folks, the sheriff made the right call. He recognizes that between budget cuts and that cold hard one known as reality, neither he nor his deputies can be everywhere at all times. If someone is trying to do you harm right now, that problem is yours to solve until the police get there and even then, the police may not be able to help you. But, most people don’t know this and will have to learn this lesson the hard way. Unfortunately, most don’t survive the class and amazingly, some come out of it having failed to learn the lesson!
– Gary
