GUNS 5014

ASSAULT  WEAPONS  AND
THE  SECOND  AMENDMENT  TO  THE
UNITED  STATES  CONSTITUTION

Second Amendment
As ratified by the States and authenticated by Thomas Jefferson,
Secretary of State: "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." - 1791

All art and photos for this article courtesy of "Google Images".  Special thanks to"About.com",
"ontheissues.org", "USA Today", "The New York Times", Bloomberg and CDC/NHCS. 

by Felicity Blaze Noodleman

When I first heard about the prospect that Texas and Florida teachers might be required to carry hand guns in school that this article might be forthcoming and now that the President and Vice President are acting on the issue, I decided to write.  The debate on fire arms continues and each incident provoking the subject, the Government mandates some new kind of restriction on fire arms.  With so many high profile shootings in the last few years it’s at least time for a national dialog on the subject and the Government will probably enact some kind of new legislation to address the problem.

President Obama has tasked Vice President Biden with leading  Congressional Lawmakers in Washington as they prepare to initiate legislation aimed at more Governmental gun control.  As I watched the Vice President address the issue last week I can truthfully say that I’ve never heard a man who was more nervous in my life.  Vice President Biden’s statement was filled with stutters, stammers and unusually long pauses as he spoke.  It almost seemed as though he had no knowledge about the subject at all.  Maybe he is just nervous about taking on one of the biggest lobby groups in Washington, after all the NRA (National Rifle Association) can be a large campaign contributor. 

 (Above)  President Obama with Vice President Biden announcing plans for

gun control measures Wednesday Jan.16,2013
(Below)  President Obama with grade school children
 as he signs executive orders on gun violence.

Obama calls for assault-weapons ban,
background checks

“USA Today”

Written by

Associated Press - writers Ken Thomas and Jim Kuhnhenn

WASHINGTON — Braced for a fight, President Barack Obama on Wednesday unveiled the most sweeping proposals for curbing gun violence in two decades, pressing a reluctant Congress to pass universal background checks and bans on military-style assault weapons and high-capacity ammunition magazines like the ones used in the Newtown, Conn., school shooting.

A month after that horrific massacre, Obama also used his presidential powers to enact 23 measures that don't require the backing of lawmakers. The president's executive actions include ordering federal agencies to make more data available for background checks, appointing a director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and directing the Centers for Disease Control to research gun violence.

"USA Today"

What’s in Obama’s Gun Control Proposal

 "The New York Times" 
 Published January 16, 2013

The initiative to reduce gun violence announced by President Obama on Wednesday includes both legislative proposals that would need to be acted on by Congress and executive actions he can do on his own. Many of the executive actions involve the president directing agencies to do a better job of sharing information.

Proposed Congressional Actions

• Requiring criminal background checks for all gun sales, including those by private sellers that currently are exempt.
• Reinstating and strengthening the ban on assault weapons that was in place from 1994 to 2004.
• Limiting ammunition magazines to 10 rounds.
• Banning the possession of armor-piercing bullets by anyone other than members of the military and law enforcement.
• Increasing criminal penalties for "straw purchasers," people who pass the required background check to buy a gun on behalf of someone else.
• Acting on a $4 billion administration proposal to help keep 15,000 police officers on the street.
• Confirming President Obama's nominee for director of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
• Eliminating a restriction that requires the Bureau of Alcohol, Tobacco, Firearms and Explosives to allow the importation of weapons that are more than 50 years old.
• Financing programs to train more police officers, first responders and school officials on how to respond to active armed attacks.
• Provide additional $20 million to help expand the a system that tracks violent deaths across the nation from 18 states to 50 states.
• Providing $30 million in grants to states to help schools develop emergency response plans.
• Providing financing to expand mental health programs for young people.

Executive actions

• Issuing a presidential memorandum to require federal agencies to make relevant data available to the federal background check system.
• Addressing unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system.
• Improving incentives for states to share information with the background check system.
• Directing the attorney general to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.
• Proposing a rule making to give law enforcement authorities the ability to run a full background check on an individual before returning a seized gun.
• Publishing a letter from the A.T.F. to federally licensed gun dealers providing guidance on how to run background checks for private sellers.
• Starting a national safe and responsible gun ownership campaign.
• Reviewing safety standards for gun locks and gun safes (Consumer Product Safety Commission).
• Issuing a presidential memorandum to require federal law enforcement to trace guns recovered in criminal investigations.
• Releasing a report analyzing information on lost and stolen guns and making it widely available to law enforcement authorities.
• Nominating an A.T.F. director.
• Providing law enforcement authorities, first responders and school officials with proper training for armed attacks situations.
• Maximizing enforcement efforts to prevent gun violence and prosecute gun crime.
• Issuing a presidential memorandum directing the Centers for Disease Control and Prevention to research gun violence.
• Directing the attorney general to issue a report on the availability and most effective use of new gun safety technologies and challenging the private sector to develop innovative technologies.
• Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.
• Releasing a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.
• Providing incentives for schools to hire school resource officers.
• Developing model emergency response plans for schools, houses of worship and institutions of higher education.
• Releasing a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.
• Finalizing regulations clarifying essential health benefits and parity requirements within insurance exchanges.
• Committing to finalizing mental health parity regulations.
• Starting a national dialogue on mental health led by Kathleen Sebelius, the secretary of health and human services, and Arne Duncan, the secretary of education.

"The New York Times"


A  DISCUSSION  ABOUT  GUNS  AND  KILLING

Throughout the history of human kind murder has always been a problem.  Since Cain killed his brother Able people have committed murder.  During the Roman period poison and knives were the popular weapons of choice.  Many assignations took place in the Roman Senate.  During the Middle Ages murder was facilitated by swards and archery.  Who can forget the killing spree of “Jack the Ripper” during the 19th. Century London, England who committed a string of murders with a knife?

Guns have always been a problem.  Even during the days when the founding the fathers of this country wrote the constitution and enacted the second amendment in the Bill of Rights.  These men felt strongly enough to include the right to keep and bear arms as a safe guard to our freedoms from any form of aggression against the newly formed republic.  In fact; fire arms seem to be one of the built in checks and balances to insure these freedoms are safe guarded.

Ronald Reagan - 40th. President of US  (1981 - 1989).  He survived
an assignation attempt in March of 1981, 69 days after taking
the Presidential Oath.  Three others were also wounded 
in the shooting.

Let's be honest about one thing before we go any further.  We, as a nation are fascinated with violence and gun play.  It's in our literature, movies, television programs and video games.  In fact, the novels about the Old West were filled with embellishment and were much more colorful than the real world of their day.  I've heard it said that in truth more people died from snake bites than from bullets!   In movies; gun fire and explosions are made to be much larger than they actually are in real life. 

EVERYONE NEEDS TO LEARN HOW TO CONTROL THE DAY TO DAY ANGER AND RAGE IN OUR LIVES. THE REAL FACT IS THAT PEOPLE KILL - NOT GUNS! ANGER MANAGEMENT NEEDS TO BE A PRIORITY FOR EVERY ONE, FROM OFFICE RAGE TO ROAD RAGE.

Let me come right out and state for the record;  it seems ironic that this Government is one of the world’s largest arms manufacture and dealers.   For this Government to restrict gun ownership by its Citizens seems to be a paradox.  Especially in light of the Second Amendment to The Bill of Rights which guarantees this country’s citizens THE RIGHT TO KEEP AND BEAR ARMS and that THIS RIGHT SHALL NOT BE INFRINGED BY THE GOVERNMENT.  Progressing as a nation though, it would appear the path of restriction is the course our country is traveling.

As we begin to discuss this topic lets first look at the history of fire arms legislation in this country provided for by “About.com”

Gun Control Timeline
A Brief History of Firearms Regulation in America

“About.com”

Guide Extra:

When did this whole gun control debate start?

It could have started shortly after November 22, 1963 when evidence in the assassination of President John F. Kennedy increased public awareness to the relative lack of control over the sale and possession of firearms in America. Indeed, until 1968, handguns, rifles, shotguns, and ammunition were commonly sold over-the-counter and through mail-order catalogs and magazines to just about any adult anywhere in the nation.

However, America's history of regulating private ownership of firearms goes back much farther. In fact, all the way back to...

1791
The Bill of Rights, including the Second Amendment -- "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." gains final ratification.

1837
Georgia passes a law banning handguns. The law is ruled unconstitutional and thrown out.

1865
In a reaction to emancipation, several southern states adopt "black codes" which, among other things, forbid black persons from possessing firearms.

1871
The National Rifle Association (NRA) is organized around its primary goal of improving American civilians' marksmanship in preparation for war.

1927
Congress passes a law banning the mailing of concealable weapons.

1934
The National Firearms Act of 1934 regulating only fully automatic firearms like sub-machine guns is approved by Congress.

1938
The Federal Firearms Act of 1938 places the first limitations on selling ordinary firearms. Persons selling guns are required to obtain a Federal Firearms License, at an annual cost of $1, and to maintain records of the name and address of persons to whom firearms are sold. Gun sales to persons convicted of violent felonies were prohibited.

1968
The Gun Control Act of 1968 - "...was enacted for the purpose of keeping firearms out of the hands of those not legally entitled to possess them because of age, criminal background, or incompetence." -- Bureau of Alcohol, Tobacco, and Firearms The Act regulates imported guns, expands the gun-dealer licensing and record keeping requirements, and places specific limitations on the sale of handguns. The list of persons banned from buying guns is expanded to include persons convicted of any non-business related felony, persons found to be mentally incompetent, and users of illegal drugs.

1972
The Bureau of Alcohol Tobacco and Firearms is created listing as part of its mission the control of illegal use and sale of firearms and the enforcement of Federal firearms laws. ATF issues firearms licenses and conducts firearms licensee qualification and compliance inspections.

1977
The District of Columbia enacts an anti-handgun law which also requires registration of all rifles and shotguns within the District of Columbia.

1986
The Armed Career Criminal Act(Public Law 99-570) increases penalties for possession of firearms by persons not qualified to own them under the Gun Control Act of 1986.

The Firearms Owners Protection Act (Public Law 99-308) relaxes some restrictions on gun and ammunition sales and establishes mandatory penalties for use of firearms during the commission of a crime.

The Law Enforcement Officers Protection Act (Public Law 99-408) bans possession of "cop killer" bullets capable of penetrating bulletproof clothing.

1989
California bans the possession of semiautomatic assault weapons following the massacre of five children on a Stockton, CA school playground.

1990
The Crime Control Act of 1990 (Public Law 101-647) bans manufacturing and importing semiautomatic assault weapons in the U.S. "Gun-free school zones" are established carrying specific penalties for violations.

1994
The Brady Handgun Violence Prevention Act (Public Law 103-159) imposes a five-day waiting period on the purchase of a handgun and requires that local law enforcement agencies conduct background checks on purchasers of handguns. (ATF's Brady Law web site.)

The Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) bans all sale, manufacture, importation, or possession of a number of specific types of assault weapons.

1997
The Supreme Court, in the case of Printz v. United States, declares the background check requirement of the Brady Handgun Violence Prevention Act unconstitutional.

The Florida Supreme Court upholds a jury's $11.5 million verdict against Kmart for selling a gun to and intoxicated man who used the gun to shoot his estranged girlfriend.

Major American gun manufacturers voluntarily agree to include child safety trigger devices on all new handguns.

1998 - June
A Justice Department report indicates the blocking of some 69,000 handgun sales during 1977 while Brady Bill pre-sale background checks were required.

1998 - July
An amendment requiring a trigger lock mechanism to be included with every handgun sold in the U.S. is defeated in the Senate.

But, the Senate approves an amendment requiring gun dealers to have trigger locks available for sale and creating federal grants for gun safety and education programs.

1998 - October
New Orleans, LA becomes the first US city to file suit against gun makers, firearms trade associations, and gun dealers. The city's suit seeks recovery of costs attributed to gun-related violence.

1998 - November 12
Chicago, IL files a $433 million suit against local gun dealers and makers alleging that oversupplying local markets provided guns to criminals.

1998 - November 17
A negligence suite against gun maker Beretta brought by the family of a 14-year old boy killed by an other boy with a Beretta handgun is dismissed by a California jury.

1998 - November 30
Permanent provisions of the Brady Act go into effect. Gun dealers are now required to initiate a pre-sale criminal background check of all gun buyers through the newly created National Instant Criminal Background Check (NICS) computer system.

1998 - December 1
The NRA files suit in federal court attempting to block the FBI's collection of information on firearm buyers.

1998 - December 5
President Clinton announces that the instant background check system had prevented 400 illegal gun purchases. The claim is called "misleading" by the NRA.

1999 - January
Civil suits against gun makers seeking to recover costs of gun-related violence are filed in Bridgeport, Connecticut and Miami-Dade County, Florida.

1999 - May 20
By a 51-50 vote, with the tie-breaker vote cast by Vice President Gore, the Senate passes a bill requiring trigger locks on all newly manufactured handguns and extending waiting period and background check requirements to sales of firearms at gun shows.

1999 - August 24
The Los Angeles County, CA Board of Supervisors votes 3 - 2 to ban the the Great Western Gun Show, billed as the "world's largest gun show" from the Pomona, CA fairgrounds where the show had been held for the last 30 years. (Typical Gun Show Rules& Regulations)

“About.com”

Next;  is a list of shooting events which have grabbed the nation’s attention over the last fifty years bringing us up to date on gun violence.

• ·         President Kennedy – 1963
• ·         Lee Harvey Oswald - 1963
• ·         Martin Luther King Jr. - 1968
• ·         Robert Kennedy – 1968
• ·         Pres. Gerald Ford – 1975  (Two Attempts)
• ·         Pres. Ronald Reagan - 1981
• ·         Columbine High School Massacre – 1999
• ·         Cong. Gabriella Giffords – 2011
• ·         Aurora, CO – 2012
• ·         Sandy Hook Elementary - 2012

The last four incidents (from 1999 thru 2012) are of special interest to the gun debate in Washington today primarily because automatic “Assault Rifles" were involved.  It is also of interest to note that the shooters in these cases had a history of mental illness in their past.  These cases are horrifying because the number of people killed and wounded was high because of the automatic weapons used.  Therefore it would seem that the real issue should be a licensing and training program for gun owners and not the guns themselves.  I really think we should keep the Second Amendment to the Constitution intact! 



But these automatic assault rifles are so dangerous you might think to your self.  The founding fathers never could have imagined such a dangerous gun.  Well I'll tell you; if these rifles had been around in 1776 that's exactly what the "Minute Men" would have used instead of Long Rifles!  Some how I think the country will get through all of this.  After all, the first "Winchester Lever Action Repeating Rifles" of the 1870's were much more deadly than their predecessor's and the country survived the Winchester and other repeating rifles, we will survive this too.

AR 15 Rifle compared to Winchester Rifle of over 100 Years ago (top half)

Uzi Sub Machine Gun and AMC .44 Auto Mag hand gun (bottom half)

It would be Constitutionally sound to require a rigorous process of training and licensing to purchase and own any type of fire arm and re application should be mandatory.  Much like a driver’s license, gun owners should be reevaluated for their privileges to be renewed and mental health should be a factor.  Higher gun prices should also be considered and there should be an appropriate tax involved with the licensing process.

THE  PRESIDENT  AND  HIS  RECORD  ON  GUNS

The problem with having the Obama administration now becoming involved with “Gun Legislation” is that the President favors limiting our Constitutional rights and his record proves it.  Now he is taking another step in the direction of Government "BANS" by limiting the ammunition magazine capacity.  All politicians in Washington have been sworn to protect and defend the Constitution during their "Oath of Office" but it seems Democrats like to pick and choose the parts they like and want to change those parts which they do not.  Here is his record and views on the subject of gun control:

"ontheissues.org"

Click here for 16 full quotes on Gun Control  (on theissues.org)

• I believe in 2nd Amendment, but not war weapons on streets. (Oct 2012)
• Fast-and-Furious: no prosecutions for Mexican gun/drug snafu. (Jun 2012)
• Midwestern "bitter clingers" frustrated over broken promises. (Aug 2009)
• Opposed bill okaying illegal gun use in home invasions. (Aug 2008)
• Ok for states & cities to determine local gun laws. (Apr 2008)
• FactCheck: Yes, Obama endorsed Illinois handgun ban. (Apr 2008)
• April 2008: "Bittergate" labeled Obama elitist. (Apr 2008)
• Respect 2nd Amendment, but local gun bans ok. (Feb 2008)
• Provide some common-sense enforcement on gun licensing. (Jan 2008)
• 2000: cosponsored bill to limit purchases to 1 gun per month. (Oct 2007)
• Concealed carry OK for retired police officers. (Aug 2007)
• Stop unscrupulous gun dealers dumping guns in cities. (Jul 2007)
• Keep guns out of inner cities--but also problem of morality. (Oct 2006)
• Bush erred in failing to renew assault weapons ban. (Oct 2004)
• Ban semi-automatics, and more possession restrictions. (Jul 1998)

Voted NO on prohibiting lawsuits against gun manufacturers. (Jul 2005) 

"ontheissues.org" - Every Political Leader on Every Issue

THE  STATISTICS



As a side bar; while researching information for this article I came across a few interesting graphs to share.  First is the "Traffic VS Gun Related" death rate and secondly is the Traffic VS Poison & Drug Poisoning" rates.  It would seem all four causes are coming to an intersection.  It should be noted that gun related deaths seems to fluctuate somewhat while auto deaths have steadily fallen.  Clearly more people have died in auto accidents.

 

The above charts from "Bloomberg" and the "CDC/NHCS" plot the death rates as

shown.  Using the automobile graph we can see how the statistics between all seem

to be coming to an intersection.

Many useful gun regulation programs have been initiated by local law enforcement agencies both here in the United States and also abroad.  Large numbers of guns confiscated due to criminal activities are destroyed every year.  Effective  "Buy Back Programs" also remove a large number of guns from the streets.

Police in Camden, NJ display guns collected during "BUY Back" and

amnesty programs.  Creative solutions for gun control!

IN  CONCLUSION  .  .  .

We've covered a lot of information in this article.  It's a broad subject to say the least.  Some have very strong views on the issues but this is the nature of Democracy.  To end where this article began I would like to offer an answer to the issue of teachers carrying guns in the class room.  Only if they are going to be teaching gun safety, responsibility, safe handling and above all - anger management.  Other wise better school security would seem the prudent course of action.  I'm Felicity and you're with "The Noodleman Group". 



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