Category Archives: gun laws

Of Rights and Regulation

0937e0e96df56c0107d64810adea3448How much security can one safely expect in the modern world?

About this terrible shooting  by Omar Mateen in Orlando, Florida last weekend. Here is some weight I have to get off my conscience. It goes like this;

This shooter should never have had access to the weapon used, but because of our laws, that so far have served the purpose they were intended to, he was.

Why is that?

Our constitution is supposed to guarantee certain inalienable rights. The second amendment says we have the right to bear arms, but it also says that privilege is limited to “a well regulated Militia” and we now have the National Guard for that purpose. That still leaves open the definition of what constitutes a Militia. Is it run by the government? Then it is not a true Militia.

The other part of the 2nd Amendment that says that “the right of the people to keep and bear arms shall not be infringed”; is also open to interpretation, an interpretation widely held by some people to be absolute without any restrictions. But that one is too vague on it’s face.

This man involved had been on an FBI or Homeland Security watch list and that is where I have a problem. Our government is supposed to be of the people, by the people and for the people, yet we have our own government virtually spying on it’s own citizens and that is unconstitutional in my estimation.

The 14th Amendment is about civil rights and basically says, and this is supposed to apply nationally, that; “No state shall make or enforce any law which shall abridge the privileges and or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection under the law.

This man had been spied on and evaluated and yet he still got a weapon and was still not denied his right to bear arms even with the spying. So we’re supposed to think that this spy system we have now gives us a sense of security? It sure doesn’t me. It must be eliminated.

One former president said that those that give up any rights and expect to gain security lose their rights and have no security (paraphrased of course).

He’s the problem. Assault type weapons. No one should have the right to any gun that has clips that require virtually no reloading, shots that can be fired as fast as one can pull the trigger, can be altered to full automatic easily and are basically weapons that only a trained military enlisted person should own. Why? Because they have just one purpose, to kill as many people as fast as possible.

That’s my interpretation of the 2nd and 14th Amendments and although I believe that this man had yet to commit any felony and therefore should not have been spied on, he had all the rights to these weapons just like any other U.S. citizen.

It’s the weapons that are so easily available is what needs to change here. Not the constitution, but the changing of some constitutionally legal laws designed to do some “well regulating” if you will.

This tragedy might have been prevented with a federal law that bans ALL assault type semi-automatic rifles.

I believe that also to have a real lasting effect the ban should also include any hand gun with the same features (semi-auto, clip fed, easily altered).

This stance, or opinion if you prefer and I expect to be called out. Be my guest.

This is legal to do and should be done. As for the whole spying thing, another day another subject.

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When is the Gun Violence Enough to Enact Some Real Changes?

Another mass killing in Orlando and yet some want to pass the blame away from guns and towards terrorism.

Another mass shooting in Orlando, Florida, and once again we have the pundits on Fox (is not) News going on TV and repeatedly spouting the lie that this is NOT about guns, it’s about terrorism. WTF?

Of course it’s about guns.

It’s about the ease in which one can obtain weapons that are designed to do only one thing, kill people.

It’s about knowing there are people that should never have any kind of gun, yet they can obtain any weapon they choose through gun shows and straw purchases or other means.

It’s about the attention (to a radical view be it a religious one or not) one person can attain, even though in many cases it’s posthumously, when using guns with the ability to kill dozens in a matter of seconds.

When are we going to have the balls to demand a change, to take measures to reduce this massacre?

Unless we are willing to face the fact that without some radical measures to limit the type of weapons that are legal to have, the amount of ammunition one person can legally possess, addressing the mental health issue or even the total confiscation of ALL privately owned guns, (don’t get your tidy whiteys in a bunch, that’s not what I am advocating here) there will be no change, or chance of any change.

I should go into the elected representatives, um, republican representatives that refuse to even pass one simple measure to make it harder to get any gun, won’t support a ban on assault type weapons, won’t close the loopholes that are used daily by people filled with hate and mental problems, but I believe I’ve said enough.

Oh, one more thing. Vote out all these idiots that refuse to do what a majority of Americans want and vote for those that will act on the will of the people and are willing to make these much needed changes.

Until that happens, get ready for another news flash about another mass shooting somewhere in America, maybe even in you own backyard.

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How the Charleston Shooting Revealed America’s Shame

BY MICHELLE SIMMONS ON JUNE 19, 2015 GUN CONTROL, NEWS, RELIGION

A killer blatantly states that nine Americans were killed for their skin color, and America is still in denial

There have been two shootings at predominantly black churches in the past two days. One was in Memphis,Tennessee, and the other in Charleston, South Carolina. The shooting in Charleston was at the Emanuel First AME church and resulted in nine casualties, all black Christians.

The media is exploding with propaganda about everything from religious freedom, more guns as a means of prevention, a war on Christians, and the shooter, Dylan Storm Roof is mentally ill. Anything but racism.

For the Emmanuel First AME church, this is only one racist incident in the churches 200 year history. “This historic congregation, the oldest of its kind in the South, had already seen more than its fair share of tumult and hate. It was founded by worshipers fleeing racism and burned to the ground for its connection with a thwarted slave revolt. For years, its meetings were conducted in secret to evade laws that banned all-black services. It was jolted by an earthquake in 1886. Civil rights luminaries spoke from its pulpit and led marches from its steps. For nearly 200 years it had been the site of struggle, resistance and change,” according to the Washington Post. It should be noted that South Carolina is where the Civil War started.

When Dylan Storm Roof was found, he was taken into custody without incident, and is still alive despite having a criminal record, an excuse used in many police brutality situations with blacks. A friend of Roof’s admitted that this attack had been planned for six months and that he wanted to start a civil war. Why this friend never said anything to anyone before is a mystery.

According to Roof’s uncle, he was given a gun by his father for is 21st birthday. However, he had been arrested twice in the last few months and is awaiting trial on felony for possession. Yet he still had a gun. The same gun his father gave him. In other words, murder by proxy.

If not for a loophole in the gun laws in South Carolina, Roof and his father would not have been able to obtain a gun with felony charges pending. Federally licensed gun stores would have seen the pending charges and denied the sale. However, in South Carolina, there are no background checks required for private gun sales. Gun control activists call this the “private sale” loophole. In South Carolina, you don’t have to do a background check, so private citizens can freely exchange guns. This loophole exists in 40 states.

Dylan Storm Roof may be a loner but he is not alone in his goal. His statement before shooting was loud, clear and blatantly racist:

“I have to do it. You rape our women and you’re taking over our country. And you have to go.

Systemic racism has reared its ugly head with a vengeance within the Christian Terrorist Movement. The amount of white supremacist hate groups have doubled in the last six years and paranoia has reached critical mass.

In November, 2014, Larry McQuilliams opened fire in the downtown area of Austin, Texas. The only casualty was McQuilliams himself but the damage could have been so much worse. According to the Austin police chief, McQuilliams had several rounds of ammunition and a map of 34 other targets – including several churches.

According to the Associated Press, police officers found a copy of “Vigilantes of Christendom” a book connected to white supremacist movement that clams Christian inspiration and opposes interracial intercourse, integration, homosexuality and abortion. Other members of this movement are notoriously violent, and some members have been convicted of several violent crimes including blowing up government buildings and abortion clinics. Terrorism enacted in the name of Christ. Sounds familiar.

Violence carried out in the name of Christianity is nothing new. For over a century, the Ku Klux Klan has been known for gruesome crimes against Blacks, Catholics, Jews all while referring to what they say is Christian theology. Several splinter groups of the KKK have started their own groups and are home grown but still organized.

News pundits say this was a hate crime and that he is a lone wolf. The religious right wing refuses to call this an act of terrorism or hate. No mention of race even though Facebook pages have been created to help with the criminal defense of Roof. We’ve yet to find anything on Facebook under the victim’s names. Typical of Americans to rally around a racist terrorist massacring attendees of a Bible study. A Bible study he sat through for one hour before opening fire.

To add salt to the wound, the Confederate flag is still flying at the South Carolina statehouse.

So to the NRA supporters and leadership, are you happy now? The enemy is you. How many lives need to be lost before your organization’s blood thirst is quenched? Arming every man, woman and child so they can shoot at one another.

The Second Amendment was intended to allow well regulated militias to go and capture escaped slaves who were property of the wealthy. The biggest lie the NRA tells is that it is about “protecting freedom” when the opposite is true.

“If they can ban one, they can ban them all!” That’s what Wayne La Pierre said last April at the NRA Convention. Gun culture is literally a tenet of faith in red states. Rick Santorum claims the Charleston shooting is Christian persecution. Mike Huckabee’s book isn’t called God, Guns, Grits and Gravy for nothing.

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Do you blame Christian extremists or Beyonce for America’s troubles? Hint; the answer isn’t wearing a hat in this picture.
Huckabee’s message has been clear. Beyonce lyrics are why society is falling apart. Let’s not address economic inequality and injustice threatening to rip our society apart, everything will be fine if all of us are armed. Everyone white that is. Arming those black thugs and rioters is not what the NRA wants at all.

Their hypocritical stance is plain in its obvious racism. Christian hack and pro gun activist, Bryan Fischer, sent out a Tweet that says, “Misguided bans on guns in houses of worship turned this black church in South Carolina into a shooting gallery. Nobody could shoot back.”

There are no sanctuaries left in America. The shock and outrage will dissipate and we’ll move onto the next act of violence at the hands of someone who should have never been allowed to be near a firearm. Shootings in schools. Shootings on military bases. Now, shootings in churches.

Every time Americans fail to challenge gun lobbies, who could not be more clearly be evil if they tried, gun violence gets stepped up another notch. We did nothing when our children got shot to death. Now we’ll do nothing while racist monsters kill church goers. And the NRA gets richer. In the meantime, blame Beyonce and pass the gravy.

Gun lobbies think America is full of the stupid and the weak. And we keep on proving them right.

“Al-Qaeda, ISIS, all those guys? They’re not shit compared to the damage we can do to ourselves.” ~ Jon Stewart

MICHELLE SIMMONS
Hi everyone! I am a prior litigation paralegal and graduate of the UCLA paralegal program. My undergraduate studies were at University of Nevada, Las Vegas majoring in Sociology and minoring in Business. Adding law heightened my analytical skills of legal issues, social issues and I worked on several high profile class action cases against BMW; Microsoft; General Motors; 24 Hour Fitness; Airborne vitamin supplement and several other class action cases that were litigated U.S. Federal Courts. I love writing about political and consumer protection issues and proud to be a contributor for Quietmike.org.

The NRA: Responsible for Firearms Irresponsibility

BY ON MAY 16, 2015

The NRA: Responsible for Firearms Irresponsibility

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The National Rifle Association has become a liability to the safety of all Americans

I am a mother and this mom is pissed off. I have had enough of the gun control measures being voted down by Congress. There’s been enough domestic shootings, mass shootings, school shootings, police shootings, unintentional shootings involving children, and police officers getting shot. Recently, felons with illegal firearms have murdered officers in Idaho, Mississippi, and New York. Much of the blame for this can be laid at the feet of theNRA.

nraIn 2013, of the 25 officers killed by gunfire, 50% of the shooters were individuals barred from owning a firearm. All were felons with prior convictions or mental health issues. Although most people assume these firearms are stolen, they are more often obtained through straw buyers or even more commonly, trafficked from states with lax background checks, either through the Internet and/or unlicensed gun dealers.

Although federal gun laws stay the same in every state, each state has their own laws and some of them are very “gun friendly.” These states are: Alaska; Florida; Arizona; Idaho; Kentucky; Montana; New Mexico; Texas; Utah; Wyoming; Louisiana; Wisconsin; North Dakota; Kansas; Georgia; and Mississippi. The NRA has their fingerprints all over these pro-gun states.

Gun shows are a huge problem when it comes to straw purchases. Although gun show dealers are ostensibly supposed to run checks, many don’t, and will sell guns to buyerswithout even checking ID. This practice is so common that terrorist leaders overseas call for their followers to just go get guns and begin opening fire on people.

Thanks to the National Rifle Association, background checks have become cursory and the waiting period is much shorter in these states. Not only that but background checks at gun shows are basically non-existent. Since 2013, 102 officers in the line of duty were killed from 2014-May 15, 2015. That’s up from 76 police fatalities in 2013 or 20% increase. Of that 20% increase, 38% are from gunfire with illegal guns.

How is this actually happening? How have these cop killers actually obtained their illegal weapons? Guns are from all over the country are smuggled into areas where there is a demand. This  includes rural and urban neighborhoods. They are used to barter for drugs and other contraband, and are even cheaper on the streets than from licensed gun dealers in many cases.

For a good example, look to the recent killing of Officer Moore in New York City. The murder weapon was traced to a gun shop in Georgia that was broken into, with those same firearms traveling up the “Iron Pipeline” to NYC. Even though New York’s gun control laws have resulted in it being one of only four states reporting a drop in gun homicides from 2003-2013, the lax gun laws in Georgia, where there’s been a marked increase in gun deaths, have directly affected the Empire State in lethal ways.

Similarly, Chicago suffers from a plague of gun violence. The NRA and other pro-gun advocates point to this is an example of how firearms restrictions, as that city has in place, do not work. But this is a fallacy.

Gun laws in one relatively small geographical area are rendered ineffective if the surrounding areas don’t share those restrictions. This is the case in Chicago. It’s easy enough to step outside city limits, get firearms illegally, and drive right back in.

New York City enjoys effective gun laws due in no small part to the fact that its outlying areas share the same legislation. It’s a little tougher to acquire guns illegally in The Big Apple, but it’s certainly not impossible. Felons just need to go farther, like to Georgia.

Oh, that Georgia gun shop that got robbed? All it took to get inside it was a crowbar. How’s that for safety? Real responsible gun ownership there, huh?

After the Sandy Hook tragedy on December 14, 2012, New York City Mayor Michael Bloomberg started a group called Every Town for Gun Safety. Bloomberg pledged to raise $50 million dollars and tightened gun control issues.

The President of Everytown, John Feinblatt, has also had enough. Feinblatt previously served as Chief Policy Advisor to New York City Mayor Michael R.Bloomberg. He previously served as the Criminal Justice Coordinator for the City of New York and was the founding director of the Center for Court Innovation, the country’s leading think tank devoted to problem solving justice.

In a statement, Feinblatt said, “Police officers are on the front lines of protecting our communities each and everyday – we owe it to them to close the loopholes that make it easy for criminals to dodge background checks an easily get their hands on guns.” Feinblatt went on to say that, police officers are, “vulnerable because of the weak gun laws in our country.”

According to the study from Every Town for Gun Safety, there are a total of 665,129 law enforcement officers in the United States. Of those officers, 322,163 live in states that require a background check for private handgun sales. 342,966 officers live in states that do not require background checks for private handgun sales. Nationwide, a total of 676 officers were killed in action and 551 involved a firearm.

The officers from States with stricter background checks had 272 fatalities compared to states with no background checks and 404 fatalities. Law enforcement officers killed with a handgun that was not their own was 114 and 233 respectively. That is a difference of 48%. That’s huge. Feinblatt calls this a “loophole big enough to drive a Mack truck through.”  FBI data indicates that the number of officers killed feloniously with firearms rose 77 percent since 2013.

We need to restrict the right to bear arms so that those who are convicted felons, people who are psychiatrically distressed, or proven hotheads have this right revoked. As an example, when a domestic abuser is given a restraining order to keep him away from his wife or girlfriend, his right to keep and bear arms should be revoked. Too many women have died because men like this retained their access to guns. Ideally, they should have all guns confiscated and go a in a database preventing from getting new ones, from any source – gun shows included.

When a person demonstrates reckless behavior or brandishes a gun, he or she should lose the right to own it. Just as we do with cars, to borrow a favorite comparison tactic from the NRA and other gun lobbies. The right to bear arms is not absolute, and must be revocable in cases in which the individual displays lack of responsibility. That seems to be common sense.

nraUnfortunately, common sense goes right out the window once the NRA becomes involved. They lobby constantly to repeal and undermine gun laws nationwide, and they’re responsible for the uneven patchwork of laws and regulations from State to State.

In short, the NRA works to make sure gun laws can’t work, in order to say that gun laws don’t work. See how that works?

It is no secret that their money has bought them nigh unlimited power in Congress, and their spokesman, Wayne LaPierre, stated his organization’s direct opposition to Hillary Clinton while making thinly veiled racist jabs at President Obama.

Think about that for a moment; the NRA is openly announcing that they will decide the Presidency of the United States. All the while they claim to be representing patriot Americans but that’s a smoke screen. The NRA actually represents gun manufacturers, not regular Americans. They wave a flag, play a recording of Charlton Heston, and their followers swallow it hook, line, and sinker.

Slowly but surely, people are beginning to shrug off the rhetoric of the NRA. More and more Americans are realizingthe need for greater restrictions of firearms. Organizations like Everytown and Moms Demand Action for Gunsense in America have gained a lot of traction in the last few years. And while their critics love to point out how small the movements can seem to be, it can’t be denied that resistance to the NRA was something considered impossible not very long ago. The times are changing. People are pushing for expanded background checks, tougher gun laws, and universal enforcement of all of this.

Still, it won’t be an easy thing for America to shake itself loose from the influence of the NRA. Their supporters rabidly harass anyone speaking out against gun lobbies. Facebook fanpages dedicated to gun culture will direct swarms of trolls to articles they don’t like, or to skew online polls about gun laws. The NRA commonly cites the fraudulent John R. Lott, as well as others who say what they like to hear, regardless of their lack of credibility.

But it’s the NRA’s money which is their greatest weapon. They have bought and paid for politicians at every level, the majority of whom are Republican, to pass gun-friendly legislation at every opportunity. Just as an example of the type of madness they push through, did you know that Iowa allows the blind to carry guns? What could go wrong with that?

The Second Amendment was written as being necessary to the Security of the State. As defined by the NRA, it is Contrary to the Security of the State. The irresponsible are being enabled to own firearms. Criminals use their rhetoric to flaunt their guns under the guise of Open Carry groups. Gun laws are weakened, repealed, and the nation is kept under the thumb of gun manufacturers. That is not freedom.

Americans need to resist the lies, intimidation tactics, and propaganda forwarded by the NRA. We will never be truly free until we do.

Additional material provided by Chad R. MacDonald.