Published by the San Diego Rifle and Revolver Association
Contributor Commentaries
Mil Grade Weapons Seized from La Familia in U.S.
Friday, 23 October 2009 04:15 | Author: Ralph Weller |
La Familia drug cartel importing full auto weapons into the U.S. from Mexico?
San Diego - I wrote a couple of articles over the last few months on guns in Mexico. My five years in border towns led me down a path of seeing, handling and hearing firearms fired in the city, of which a significant number were full auto military weapons. It seems that middle and upper class law-abiding Mexicans own all sorts of firearms, some of which we only wish we could own here. Unfortunately, every single weapon I saw was owned illegally.
More importantly, a number of firearms I saw first-hand cannot be sold in the U.S., so therefore they did not come from gun smugglers buying guns illegally at U.S. gun stores and transporting them into Mexico. I also acknowledged that indeed, a number of firearms do come from the U.S., mostly handguns, since buying firearms for self-protection is, for all practical purposes, limited to the rich and famous in and around Mexico City. Mexico apparently only has one gun store owned and operated by the Mexican government in Mexico City. Border residents of Mexico are not inclined to travel 1500 miles only to be denied a gun purchase, let alone figure out how to transport it back without getting arrested.
But let's get to the point of this story. The DEA issued a statement on a recent drug bust of La Familia cartel members here in the U.S. In the press release, seen below, they state the arrests included money, drugs and "military grade" firearms.
To you and me that means full-auto rifles. Look at the DEA released picture at the top. What do you see? One could make an argument that the three shorter rifles are illegal in the U.S. simply because of the barrel lengths are less than 16". Since they are, there is a good chance these are select fire military grade weapons. The three AKs are a more difficult to discern. But, all three are identical to one another with what appears to be an after-market side-folder stock. The wood appears to by typical Chinese vintage. If indeed these are "military grade" weapons as defined by the Justice Department and DEA, these are select fire military weapons. Again, these weapons cannot be purchased from U.S. gun stores.
But the press release is very strange indeed. The government claims these firearms were "acquired" in the U.S. to be smuggled into Mexico. Now, some of us were born at night, but it wasn't last night. Who are these people trying to kid?
This is the La Familia drug cartel, one the three biggies in Mexico. They make a living bringing in drugs from around the world in bulk, transporting them to the border, Illegally smuggling tons daily into the U.S. and distributing it in the U.S. with their own employees, which in turn sells them to local street sellers. More recently they've moved into the manufacture and growing of drugs. They are highly vertically integrated and control the movement from overseas to almost the final street sale in the U.S. Why would they "acquire" guns that cannot be legally sold in the U.S.? They didn't.
These are NOT weapons that were "acquired" in the U.S. for smuggling into Mexico. These were smuggled into Mexico by La Familia and transported to the U.S. for use by their U.S. employees. This is a bunch of government nonsense, once again.
In my article several months ago I pointed out then, and I will say it again, the issue is not guns going to Mexico, but full-auto weapons, grenades and high explosives coming from Mexico to the U.S. The drug cartels deal in black market military weapons. Thousands of weapons and military explosives have been seized from cartels over the past several years that are not semi-auto civilian rifles sold in the U.S. The reason is simple.
As a wealthy drug cartel, you can use your transportation network to smuggle full-auto rifles into Mexico from the world-wide black market sources, much in the same way drugs are brought into Mexico, at about $250 a copy in bulk. Or, if you prefer, you can go to the U.S. and pay an arm and a leg, probably many thousands of dollars for an illegal full-auto rifle and risk getting busted in your search. Your third option is to buy a semi-auto rifle from a U.S. gun store for about twice the price of a full-auto smuggled into the U.S. from Mexican cartel purchased weapons. You don't have to be a Bernie Madoff to figure out which is the better deal. As a cartel, you are going to move the full-auto weapons across the border into the U.S. just like they move tons of drugs daily. It's a no-brainer. As a La Familia distributor in the U.S. and you choose option 2, which is to purchase the illegal full-auto weapon in the U.S. market, there's a better than even chance it was smuggled into the U.S by one of the cartels anyway. How stupid would that be?
As for the DEA/Dept of Justice statement, it's just plain false. One of two things are going on here. One is to continue with the myth that guns are purchased in the U.S. and smuggled into Mexico to fuel the drug war. The second is to let people know that the illegal "military grade" weapons are here only because they were preparing them to be sent to Mexico. The last thing the government wants is for U.S. citizens to get pumped up about fully automatic military weapons and explosives coming into the country illegally as well as Mexican citizens. That's bad politically.
So, the ruse goes on. This is just another example.
Read the DEA press release:
OCT 22 - WASHINGTON – DEA Acting Administrator Michele M. Leonhart joined Attorney General Eric Holder and other federal officials today to announce the results of "Project Coronado", a 44-month multi-agency law enforcement investigation which targeted the La Familia Michoacana drug cartel. FBI Director Robert S. Mueller III and ATF Acting Director Kenneth E. Melson also participated in the announcement.
Yesterday and today, 303 individuals in 19 states were arrested in a series of takedowns through coordination between federal, state and local law enforcement. More than 3,000 agents and officers operated across the United States to make the arrests during the two-day takedown. 62 kilograms of cocaine, 729 pounds of methamphetamine, 967 pounds of marijuana, 144 weapons, 109 vehicles, 2 clandestine drug labs were also seized in the past two days.
“Project Coronado, our massive assault on the La Familia Cartel, is part of our continued fight against all of the powerful Mexico-based drug cartels,” said DEA Acting Administrator Michele M. Leonhart. “This organization, the newest of Mexican cartels, is directly responsible for a vast majority of the methamphetamine pouring into our country across our Southwest Border, and has had a hand in fueling the cycle of violence that is wracking Mexico today. DEA, along with our U.S. and Mexican partners, are committed to strategically attacking the international and domestic drug trade with every tool at our disposal, and defeating those that thrive on the suffering of others.”
The La Familia cartel is a violent drug trafficking cartel based in the state of Michoacan, in southwestern Mexico. According to court documents, La Familia controls drug manufacturing and distribution in and around Michoacan, including the importation of vast quantities of cocaine and methamphetamine from Mexico into the United States. La Familia is philosophically opposed to the sale of methamphetamine to Mexicans, and instead supports its export to the United States for consumption by Americans. La Familia is a heavily armed cartel that has utilized violence to support its narcotics trafficking business including murders, kidnappings and assaults. According to one indictment unsealed in New York, associates of La Familia based in the United States have allegedly acquired military-grade weapons, including assault weapons and ammunition, and have arranged for them to be smuggled back into Mexico for use by La Familia. Individuals indicted in the cases are charged with a variety of crimes, including: conspiracy to distribute methamphetamine, cocaine and marijuana; distribution of methamphetamine, cocaine and marijuana; conspiracy to import narcotics into the United States; money laundering; and other violations of federal law. Numerous defendants face forfeiture allegations as well.
"This unprecedented, coordinated U.S. law enforcement action - the largest ever undertaken against a Mexican drug cartel - has dealt a significant blow to La Familia’s supply chain of illegal drugs, weapons, and cash flowing between Mexico and the United States,” said Attorney General Holder. “We will not allow these cartels to operate unfettered in our country, and with the increases in cooperation between U.S. and Mexican authorities in recent years, we are taking the fight to our adversaries. We will continue to stand strong with our partners in Mexico as we work to disrupt and dismantle cartel operations on both sides of the border.”
To date, Project Coronado has led to the arrest of 1,186 individuals and the seizure of approximately $33 million in U.S. currency, 1,999 kilograms of cocaine, 2,730 pounds of methamphetamine, 29 pounds of heroin, 16,390 pounds of marijuana, 389 weapons, 269 vehicles, and two clandestine drug labs.
“Intelligence-driven investigations such as Project Coronado are the key to disrupting the operations of complex criminal organizations like La Familia. Together – with the strong collaboration of our international, federal, state, and local partners – we have dealt a substantial blow to a group that has polluted our neighborhoods with illicit drugs and has terrorized Mexico with unimaginable violence,” said FBI Director Mueller.
“ATF’s arrest of defendants in Project Coronado highlight the almost inseparable link between illegal trafficking of firearms and narcotics between the U.S. and Mexico,” said ATF Acting Director Kenneth Melson. “ATF is on the frontline against violent crime and focuses its investigative tools on criminal groups such as La Familia, which use firearms to further their illegal trade and ruin and endanger countless lives. It is alleged that La Familia used proceeds from the sale of drugs to purchase or obtain hundreds of firearms that were then moved illicitly to Mexico.”
Arrests were made or charges were unsealed related to Project Coronado in the following districts: Central District of California, Southern District of California, District of Colorado, Northern District of Georgia, District of Massachusetts, District of Minnesota, Southern District of Mississippi, Eastern District of Missouri, Northern District of Oklahoma, Southern District of New York, Northern District of New York, Middle District of North Carolina, District of South Carolina, Middle District of Tennessee, Eastern District of Texas, Northern District of Texas, and the Western District of Washington. There were also arrests by state authorities in California, Nevada, North Carolina and Georgia. Assistance for Project Coronado was provided by the Criminal Division’s Narcotic and Dangerous Drug Section and Office of International Affairs. Additionally, local prosecutions will occur throughout the United States.
The investigative efforts in Project Coronado were coordinated by the multi-agency Special Operations Division, comprised of agents and analysts from the DEA, FBI, U.S. Immigration and Customs Enforcement, Internal Revenue Service, U.S. Customs and Border Protection, U.S. Marshals Service and ATF, as well as attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section. More than 300 federal, state, local and foreign law enforcement agencies contributed investigative and prosecutorial resources to Project Coronado through OCDETF.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Part V - Get the F Out & Get Our Rights Back
Saturday, 17 October 2009 04:17 | Author: Ralph Weller |
Never in the last 40 years have we been in a better position to take our Second Amendment rights back on a national scale. It is time. But, it starts with each of you as individuals. We need to establish a new standard and eliminate the old.
Let’s review some facts in order to establish a reasonable game plan:
1.Criminals don’t abide by criminal laws, let alone gun laws.
2.Restrictions on gun purchases, such as background checks, have created a thriving black market for guns and subsequently more crime.
3.Despite claims that gun laws will reduce crime, violent crime has increased since the Gun Control Act of 1968 by four-fold.
4.The ATF, once relegated as a tax collection agency for the sale of alcohol and tobacco up until 1968, is now a law enforcement bureaucracy dedicated to enforcing laws that restrict Second Amendment rights.
5.The ATF proposed budget for 2010 is 1.2 Billion dollars. That’s how much politicians are willing to spend of your money to restrict your rights.
6.Despite political rhetoric over the years to reduce powers of the ATF, congress has increased its budget an average of over $30 million per year over the last 30 years.
7.Felons found illegally possessing guns are essentially given a slap on the wrist spending an average of less than 3.5 years in jail for their crime.
8.Conducting background checks, restricting or banning the availability of certain firearms, and applying waiting periods on 99% of the population that are not criminals, does nothing to stop criminals from being what they are, criminals.
9.Violent crime and drug trafficking in other countries, such as Mexico, is no more the responsibility of Americans than suggesting that U.S. violent crime is the responsibility of the Mexican government.
Given the facts above, the question at hand is: How do we demand gun control laws are eliminated and Americans regain their Second Amendment rights lost over the last 40 years?
Untangling 40 years of gun control laws, more than 20,000 of them, is not a task for the weak and those who can't be bothered with something as mundane as constitutional rights. If you as an individual are up to it, it will work.
Recent events such as the Heller case set some ground work, and the McDonald case to be heard by the Supreme Court early in 2010 will most likely set the stage for further legal actions both at the state and federal level assuming incorporation is successful. It will give you and me the power to move the process forward.
The first phase starts with an attitude adjustment.
How many times have you heard gun owners, not pro-gun activists, but most notably hunters and shotgunners, who rationalize that certain gun laws are acceptable. You’ve heard them and maybe you’re one of them. “Assault weapons” have no sporting purpose and should be restricted. These are folks who parrot politicians or gun control activists. Most have no clue what an assault weapon is. When asked, they refer to machine guns, revealing their complete ignorance on the subject matter. To them it’s better to go along to get along. For them it’s more socially acceptable to be ‘for more gun control’ providing of course, that it doesn’t affect them. If you are one of these people, you are doing no one including yourself any favors with your wishy-washy "politician-like" attitude. The first step is to learn the subject matter so you don’t sound like such a dumb ass. If you don’t know what an “assault weapon” is, find out. Educate yourself. You will be surprised what you didn’t know about a whole other field of competitive shooting and firearms ownership.
Most importantly, we all must come to the realization that this country has spent many trillions of dollars over the last 40 years enforcing gun control laws at the federal, state and local level with absolutely no discernable results.
At what point do we as a country recognize that we are not getting our hard earned money’s worth from gun law enforcement?
It is critical that you, as a gun rights activist, seize the momentum of public opinion. Recent polls do not suggest, but clearly show a sea-change in public attitude on gun laws. Americans by a decided majority no longer want stricter gun control laws. The question that needs to be asked is: Do they want less? The answer to that may be no, but that is where you and I come in.
It’s called educating the public and setting a new standard.
It is the responsibility of each of us as individuals, as well as gun rights groups nationwide, to establish what is an acceptable standard in the future. It is no longer good enough to simply say, ‘no more gun laws, enforce what we have.’ The new attitude is, we have too many that do nothing except create more crime, and they need to be eliminated.
It requires you and I to educate in our blogs and commentary, in conversations with other gun owners, about the new standard. Point out that crime has increased despite all the new laws over the last 40 years. Point out that criminals have guns, despite gun laws. Make it clear they have guns because our government created a new criminal class who traffic in guns because the government has a fetish about you and I jumping through hoops when we purchase a firearm. And, even though we have spent trillions of dollars enforcing gun laws over the past 40 years, we have received no benefit other than more money spent each and every year to achieve nothing but increased crime.
You see, now is the time to educate. It isn’t a quick fix, but requires a diligence on each of our part to move to a new standard while the public feels strongly that they will get no benefit from stricter gun laws. It is rooted in the fact they have seen no results from existing gun laws, only more crime. They are also beginning to believe, thanks in part to the Heller case last year and gun rights groups, that it is indeed a right of Americans to own firearms, if they so choose. Most Americans fear they will not have the right to choose in the future if further restrictions created. It is now time to strike by educating Americans on the new set of standards for the future, and it lies in you and the gun rights community to make that happen.
If you don’t blog, do it. If you have an opportunity to educate a hunter, do it. If you have the opportunity to educate a non-gun owner, do it. Leave your imprint on 2, 5, 10 or a thousand people, but do it. It matters not if you can only sell two people on your belief this month. That’s two more people than we had in our camp last month. That’s how public attitude is changed. It’s one person at a time by each of us.
But there is more than our local sphere of influence. It’s politicians as well.
If you’ve been roaming this earth for 40 or 50 years or more, let’s face it, we’ve been screwed and tattooed by politicians of all political persuasions. In one corner we’ve had Democrats pushing like hell to eliminate our right to firearms ownership. In the other corner we’ve had Republicans, for the most part, talking about how they support Second Amendment rights.
A lot of us are tired of Republican rhetoric. Republicans had control of the White House and Congress for years this decade, yet they did nothing to protect our Second Amendment rights. Oh, some will point to the expiration of the so-called assault weapon ban. But, you didn’t see anyone trying to overturn it prior to its expiration, did you? Well of course not. Did you see any effort by Republicans to expand our Second Amendment rights? No you didn’t.
The new standard would say it’s not good enough for politicians to simply acknowledge that they support Second Amendment rights. They must be challenged in 2010 to not only agree with the individual right to keep and bear arms, they must commit to legislation eliminating existing gun laws. This is very important and the time is right.
There is a better than even chance we will find out from the Supreme Court that the Second Amendment has been incorporated. It is now the federal government’s job to ensure that our Second Amendment rights are not restricted beyond the court’s limitations, if any. But, Congress can play a very big role in getting our rights back that have been restricted at the federal and state level, the same way they protect abortions, despite no clearly visible constitutional right to abortions, other than a distorted judicial ruling. Anything less from Congress in protecting Second Amendment rights as ferociously as they defend abortion rights will be unacceptable.
You must start by asking your congressional candidate the following question: Will you author legislation reversing the Gun Control Act of 1968? The answer is simple, it’s either yes or no. Anything else is nonsense and squirming. You must no longer ask if they support the Second Amendment. We’ve been asking that stupid question for 40 years, and for it we have received nothing but more gun control, more crime and an ever growing ATF. You must go for the jugular. You must set a new standard of expectations from congressional candidates. You must get them talking to one another after the election about what’s all this stuff about getting rid of GCA68?
Gun rights groups need to ask the same question in their candidate questionnaires. They need to be put on the hot seat to take action, not giving us their viewpoint on how they support the Second Amendment. That’s a nonsense question. That only means they won’t vote for more gun control. We aren’t electing someone to maintain Second Amendment restrictions. We want our Second Amendment rights back, and now is the time.
Quit treating criminals with respect. They deserve nothing other than long prison terms.
The second question that needs to be asked of politicians is fundamental to gaining our rights back. When will the use of a gun during the commission of a crime be treated as an abuse of a fundamental right? When will it no longer be plea bargained off as a minor issue in a criminal case? When will it become the primary crime in a criminal case and be treated for what it is? It's assault with a deadly weapon, not sometimes, every time. And when it occurs punishment must be made so severe that criminals will forgo the use of a gun for fear of receiving a minimum of 20 years in prison. The abuse of a constitutional right to deprive another citizen of their property or life should be treated as a serious matter.
Politicians, particularly liberals, have purposely used the legal system to make a gun crime almost a 'minor discretion' during the act of a criminal offense. It can no longer be that way. The law needs to be a significant deterrent. Criminals must fear being caught using a gun during a crime to the point that they don't use them.
Politicians must commit to making this a primary focus of their tenure in office. As long as gun crimes are allowed to flourish with impunity, criminals will continue to use them. And why shouldn't they? They don't fear gun laws today because most of the laws are focused on the law-abiding in this country. The deterrent is placed on us to not buy a firearm. That isn't right and that's not the mark of a free country.
As a gun owner, as a blogger, as a citizen reporter, you must make the focus on pointing out each case you find where a criminal gets a slap on the hand for using a gun during a criminal act. It must be clear to Americans that something is wrong and hypocritical with a system that allows an individual to abuse a constitutional right while at the same time politicians attempt to restrict your right, as though you and I are the problem. Politicians who allow this to continue are allowing gun crimes to flourish with a 'wink and a nod' and creating a never-ending cycle of criminals repeatedly moving in and out of the justice system.
When we talk about some politicians being soft on crime, this is what it's all about. They are creating a weak justice system with the objective of eliminating gun rights. That is a crime and politicians need to be held accountable for their actions. It must become a primary objective of all gun owners to demand the justice system respect the Second Amendment as a fundamental right, not a privilege of criminals to abuse.
Expand the fight using Heller and McDonald. How you can help.
Here are the facts of Heller. The movers and shakers that provided the momentum for Heller’s successful decision were state level gun rights groups. The big boys at the state level were California, Texas and Illinois represented by the California Rifle & Pistol Association (CRPA), Texas State Rifle Association (TSRA) and the Illinois State Rifle Association (ISRA). CRPA and TSRA legal teams teamed up to develop an Amicus Brief in support of Heller. It was so successful and so well written, entire paragraphs were lifted by SCOTUS in their written decision. CRPA and TSRA hit the nail on the head and drove it home. They also spent a considerable sum, both in time and money getting law enforcement officials within their respective states to sign on to the Amicus Brief. These are state level organizations that played a very important role in the Heller decision.
This is where you and I, as individuals, can make the single biggest impact to get our gun rights back.
As McDonald is taken on by SCOTUS, the three big boys at the state level will once again commit time and money in support of the case. But, let’s face it. Lawyers aren’t free, by a long shot. It takes money, and unfortunately, a lot of it to do the legal research necessary to prepare a cohesive and comprehensible amicus brief. In essence, the legal teams are arguing the case in writing as to why the Supreme Court Justices should rule on their behalf. It needs to be clear, concise and legally correct for it to be considered as reference material by the court. Anything less is put into the junk pile called “nonsensical garbage” by the court. If an organization is going to spend six figures on a herd of attorneys to develop a comprehensive amicus brief, it better be right. That’s why CRPA and TSRA work only with civil rights attorneys who specialize in Second Amendment issues. It is a legal field of expertise that few civil rights attorneys have, let alone your local gun owning divorce attorney. This is not the time for amateur Second Amendment attorneys. Only experts need apply with a proven track record of Second Amendment litigation.
Here’s the punch line. The McDonald case, like Heller, is still only the beginning. If we get the ruling expected June of next year, you can bet the states with restrictive gun control will not bend. California will undoubtedly be the prime battleground. The politicians in these states will challenge the SCOTUS ruling by maintain ALL of their gun laws on the books. Essentially their attitude will be to let the courts decide whether their laws exceed Second Amendment levels. That takes money, and lots of it.
This is where we all get a little nervous. Who is the best organization to throw money at to make this happen. After all, if we were all independently wealthy beyond our wildest dreams, it wouldn’t be an issue. We each would hire a qualified civil rights attorney and go at it. But, alas, we are not. So it makes sense to concentrate finances into credible organizations that have the right legal resources to make this happen. In California we have two organizations that are set up legally with litigation resources capable of initiating lawsuits against the state. The first is the California Rifle & Pistol Association Foundation. The foundation organization was established by the CRPA and recently reorganized as a result of the Heller ruling to take the legal fight to the court system in California. The other is Calguns Foundation. Both are organized and staffed, and work with one another on legal matters in order to coordinate legal activities without stepping all over one another. This is a refreshing change in California from the past, where organizations, fought among themselves over who was stepping on whose turf. That has changed dramatically in the last 2 years. It’s no longer about turf wars, but a coordinated and focused legal effort.
It’s one thing to talk about wanting our rights back, it’s a whole other matter to put our money where our mouths are. Both Calguns and CRPA Foundations need our financial attention. This is how they survive. Without money, they can’t file the legal challenges or briefs to support our position of less gun laws. If you do nothing else, donate what you can, even if it’s only five dollars. It’s the best five dollars you will ever spend. Who do I recommend? I’m not going down that road. Both are excellent organizations. They work in concert with one another so split your donation between the two.
So is that it?
Well let’s summarize this for a moment to understand how big this is.
We are establishing a new standard to eliminate gun laws going back to the Gun Control Act of 1968 and burying the act in a grave.
To do that we need to educate this country why it needs to be done.
Demand a new standard of commitment from politicians. Supporting the Second Amendment isn’t enough. Committing to dismantling GCA68 and all the gun laws since is the only acceptable answer.
We need to take the word “firearms” out of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
We need to establish new levels of punishment for those criminals who insist on using a gun. A minimum of 20 years for using a gun during the commission of a crime and, if it’s used to wound or cause the death of another person, they’re gone forever. That MUST be a critical part of this process. No more people on parole for murdering someone. That is nonsense and a primary cause for the loss of our Second Amendment rights.
We must tell politicians that nothing less than maximum effort must be made to protect our rights from those who would use those same rights to deprive others of property or their very lives. Gun abusers can no longer enter the revolving doors of our prison system expecting the opportunity to ply their trade again and again.
We must be willing to hire the best civil rights attorneys money can buy. But it must be pooled into organizations that have the expertise to move the legal process forward. Calguns and CRPA Foundation in California are the best places to put our money.
That isn’t enough you say? Gosh folks, we’re looking to dismantle 20,000 plus gun laws nationwide, end the role of the ATF in our lives and taking about 70% of their budget away. We need to educate the public and demand a new level of commitment from politicians. And, we need to fund the legal resources to challenge stubborn politicians by having the court system rebuke their legislative actions so they cease their infringements on the Second Amendment.
This isn’t a project that gets it done next year. We’re looking at years of effort here and many millions of dollars in litigation.
This is big. We have never in the last 40 years been in a better position to seize the upper hand in getting our rights back. The time is now to make history and it starts with each and every single person reading this commentary. If you asked most gun rights experts five years ago where we were heading, most would say we are heading in a direction that will severely restrict our Second Amendment rights further. Most today will say just the opposite. But to make that happen, it requires citizen participation and that's where you and I step in and run the show.
Divisiveness must end amongst gun owners.
There can no longer be a division within the gun-owning community. Dedicated hunters and trap shooters who take the view that some gun laws are good (so long as it doesn't affect them) is divisive. They need to be educated as well, and frankly denounced for their one-sided viewpoints. That has started to happen and it must continue. We can no longer accept that some sporting activities are good and others are not. We can no longer accept that a collector of historical military firearms is less of a gun owner than a hunter who owns nothing but bolt action rifles. Politicians have been dividing us for years claiming they'll protect hunter's rights. Hunters have no right to hunt, only laws that allow them to do so, which can be taken away permanently for any reason government wishes. But, as gun-owning non-hunters we must also protect that privilege of hunters to engage in their activities as ferociously as we defend our right to own any firearm. We must join together or the division that exists will bring us all down.
Educate hunters and other gun owners about your sport of target shooting, defensive combat shooting sports, collecting, or whatever it may be. It is you and I that will bring those within the hunting community. And for the hunters already on board, you are the best salesman for the cause. You bring credibility to the issue. If you hunt, point it out in your blogs. Make it known that gun rights are for everyone, not just some.
Take part in making history.
This is a rare opportunity for each of us to be personally involved in a history-making event. Take advantage of it. Revel in it and cherish the moment. This is the kind of stuff that most people never see in their lifetime. Most everything you blog about today on this issue will become a part of the historical documentation of our time thanks to the internet. This is your time to go into the history books. Don't squander it away bitching and moaning, change history instead. Be a part of it, not just an observer.
Miss the previous commentary leading to this one: Start at Part I
Part IV - Get the "F" Out Of The ATF
Friday, 09 October 2009 08:50 | Author: Ralph Weller |
It's time we hold the right people accountable, not law-abiding citizens. We are not the problem. It's criminals and the politicians who coddle them.
If you read Part I, II, and III there is no doubt about what our position should be regarding gun laws. However, there are those gun owners that feel real uncomfortable with the notion of no gun control laws at all.
These are folks that are mostly under fifty years of age who probably consider the hoop-jumping a safety issue or just a way of life. These are folks who accept the system for what it is. It may restrict their rights, not allow them to buy the gun they want, but if it keeps criminals from getting guns and makes us safer, it’s worth it they’ll say. Again, over 20,000 gun laws in this country haven’t kept criminals from getting guns if they want them.
If the gun law system is designed to keep criminals from using it, and it drives them off to an ever-growing black market, what’s the point of having it? If the only people subject to the process are law-abiding citizens it hardly serves any purpose of keeping guns out of the hands of criminals. It’s simply a terrible waste of law enforcement resources and our hard earned taxes we give the government.
Let’s go through this and add some meat around it so it makes some sense.
Felons
We don’t want felons to buy guns. As a result they don’t use the system law-abiding citizens’ use. Let’s at least be intellectually honest about this issue. Felons get their guns despite government restrictions.
And boy do we have restrictions. Many hours of reading will be required for California’s firearm laws and when finished, you will understand little about firearms restrictions, other than there a lot of them. You can read the laws on the California DOJ’s website. It is 33 pages long when printed, all implemented to ‘keep us safe.’ After taking a look at it, ask yourself two questions: Do criminals follow these rules? Am I safer knowing that laws exist that are utterly and completely indecipherable by the average college educated person?
Terrorists/Illegal Aliens
The latest nonsense from the anti-gun crowd is that if we don’t restrict access to guns, terrorists will get hold of them. And, illegal immigrants can come to this country and buy guns at will and ship them to who knows where, like Mexico, or use them here to commit crimes. We can’t allow that they say.
Government can be our own worst enemy when it comes to common sense. You see, terrorists entering this country illegally or people entering the country illegally from around the world, not just Mexico, is an immigration problem, not a gun rights issue. The government’s lax attitude on this issue should not be a reason to restrict rights of American citizens. Gun owners should demand that our borders be protected. If you are here illegally in possession of a firearm the law should be swift and severe, which we will review later. If you think that our borders should be open, then please don’t be surprised of the consequences. But your desire to keep the border open should not be cause for Americans to either lose their rights or have them severely restricted. Agreed?
What about nut cases?
Well, what about them? Yes, we hear about nut cases going on a rampage every year or two. In virtually all cases these people were allowed to purchase firearms legally. A number of the shooters we find are on some form of medication prescribed for mental disorders. In most cases they have stopped taking their meds. Millions of people in this country are under care by a licensed doctor and are routinely prescribed anti-depressants. They live a very normal life. When someone goes on a rampage, something else is wrong in that person’s life and brain.
The system fails to catch these people. Does that mean you should jump through hoops and live with restrictions on your right to self-defense because an extreme minority might commit violent acts? Statistically, we are many more times likely to be hit by a bolt of lightning before being shot by a shooter on a rampage. You are hundreds of times more likely to go down in a plane crash or killed in an automobile accident. Let’s not believe that mass shootings are something that happens frequently. They are extraordinarily rare and an unlikely scenario that in no way should justify an entire nation being subject to Second Amendment restrictions.
Restraining Orders
In California filing for divorce is all that is required to obtain a restraining order against a spouse. There is no hearing and no evidence. There is no proof required that you are a danger to your spouse. It’s just another item on the bill of itemized charges a divorce attorney charges the spouse. But, you lose your right to purchase or own a firearm. And it’s not easy getting your guns back after they have been confiscated by local law enforcement. A friend in San Diego, a successful professional with no history of violence and no arrest record, spent five years and a small fortune in legal fees after the divorce was final trying to get his firearms returned to him. That isn’t right. But that’s one of the things law enforcement and legal profession spends its time doing.
The stupid part of all this is that people actually believe they are safe when they have a restraining order out against another person. How many times have we heard about someone killed by a person supposedly under protection of a restraining order? A piece of paper isn’t going to stop anyone. But a gun will.
Unfortunately more often than not the victim is not armed because they can’t get a concealed carry permit in California. You see, having a restraining order out against an individual is not enough of a reason in most California counties to warrant issuing a permit. Restraining orders are handed out like candy on Halloween in this state. You would think there would be hundreds-of-thousands with carry permits. Remember, a restraining order does not require evidence, despite what the law might say. It’s just one person who says they are threatened by another. To obtain a CCW in some communities you must prove that there has been a threat against your life, and in some counties that’s not even enough for a CCW. A restraining order is not generally accepted as a valid reason for a CCW in most locations in California.
We could spend pages going through various ‘what about’ or ‘what if’ scenarios. The possibilities are limitless but anecdotal.
So, what’s next?
Look, if we are advocating a complete rollback of gun laws to 1967, there has got to be something that protects citizens from armed criminals other than then a bunch of law-abiding citizens jumping through hoops. We know that doesn’t work.
Let’s start with a premise that we live in a free society. We have a Second Amendment which guarantees the right to firearms ownership without infringement. It is a fundamental right, as is freedom of the press, the right to free expression, or the right to assemble. We have the right to be secure in our papers and property from unreasonable search and seizure. These are but some of the fundamental rights that should be maintained with the utmost attention by politicians, law enforcement and the judicial system.
When the fundamentals of freedom are violated or abused, not only by government, but individuals as well, the punishment should be swift and sure.
A felon (on probation or parole) in possession of a firearm should automatically receive a minimum of 20 years without the possibility of early release.
The use of a gun in the commission of a crime should be an automatic sentence of 20 years in prison without the possibility of early release. If you are an illegal alien in possession of a firearm, it’s 20 years in prison. If someone is wounded during the commission of a crime, it’s life in prison with no possibility for parole for the shooter along with all accomplices. If someone is killed, it’s the death penalty, no exceptions. The days of murderers on parole need to end. That is nonsense and politicians need to hear from us on this issue loud and clear.
The premise of stiff sentencing is very simple. We remove the burden from the law-abiding and place it on criminals. What would be the outcome of these ‘draconian’ rules that some might call them? Well, you can be certain a criminal will think twice before using a gun to commit a crime. In fact, with severe sentences like this, it’s a good bet that the majority will forgo using a gun whenever possible. It’s not worth it. And those that do use a gun have violated a basic trust of living in a free society. They don’t deserve the freedom they have been given. But it certainly is not right when the freedoms of all are curtailed for the actions of the few.
Here comes the hard part. How do we roll back the law? --- Part V.
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The Cow Palace and Gun Shows, Sex etc...
Saturday, 26 September 2009 05:59 | Author: Ralph Weller |
... when looking at the numbers, the way politicians look at them, there is definitely more of a causal relationship between rape and the Exotic, Erotic Ball than gun shows and crime in the area. Don't you think?
Some would say banning gun shows at the Cow Palace is the right thing to do considering the violent crime rate in the area is extraordinarily high. The Cow Palace resides on a plot of land shared by Daly City, San Francisco and directly adjacent to South San Francisco. As you will see, the crime rate is not what the anti-gun politicians would have you believe. And, it is also not the unregulated 'arms bazaar' that they want us to believe. And, if you're wondering about the 'Sex' part in the headlines, hang in there, it's coming.
You see, the gun show sales at the Cow Palace must comply with state and federal laws. Handgun sales require background checks. Purchasers must have proof of passing California's safety test. They must submit fingerprints. If completed successfully, they must wait 10 days before taking possession of their firearm, which must take place at the gun dealer's licensed location. All sales must be conducted through a federal and state licensed firearms dealer. Criminals don't make a visit to the Cow Palace to pick up a gun illegally and gun dealers aren't interested in risking loss of their business conducting an illegal sale. If anything, Cow Palace gun shows should be promoted as the most scrutinized gun sales location in the state.
Contrary to the media, the Cow Palace gun shows are highly regulated and flooded with plain clothed and uniformed law enforcement from local and federal law enforcement agencies. There have not been any recorded illegal sales either within the show itself or in the parking lot "out of the trunks of vehicles" as detractors like to erroneously point out.
The Cow Palace is regulated by a California state agency. The proponents of the ban say they have a right to eliminate sales on government property. And, the state legislature apparently feels the same way sending SB585 to the governor.
The question of course is: Can the state ban the legal sale of firearms on government property? Again, the gun ban proponents would say yes. We say, they can do anything they want right now. But that may change soon enough.
Several cases are in the works and we will find out by the end of the month whether the Supreme Court will accept a case to address the issue of incorporation of the Second Amendment. If and when the Second Amendment is incorporated the question will become: Can a state or local government ban the sale of firearms from government property where other legal products are sold? The answer must be no.
Gun control activists might make an argument that firearms can be sold at a dealer's store only, but if the government so chooses; it can ban the sale of firearms at a public venue on government property. That kind of law would be discriminatory by its very nature. The government cannot discriminate between legal products sold on government property simply because a group of politicians don't like guns, but has no problem with let's say home improvement products, or in the case of the Cow Palace, sex.
Yes, sex. It is ironic that the very people, who are opposed to legal firearm sales at the Cow Palace, allow the Exotic, Erotic Ball to take place annually at the Cow Palace. Now, we're not advocating that the Exotic, Erotic Ball be shut down. They probably have as much right to use the Cow Palace as a venue as well. But, for politicians to extol their disgust with perfectly legal firearm sales but say nothing about the less than virtuous Exotic, Erotic Ball is odd.
San Francisco's District Attorney says of the Cow Palace gun shows as reported by KGO radio:
"Residents living in the shadow of the Cow Palace already suffer enormous human and fiscal costs from the high rates of gun violence in their communities. Citizens should have the right to keep the sale of dangerous weapons from taking place in their backyards."
Meanwhile, residents don't mind living in the shadow of the Exotic, Erotic Ball to be held at the Cow Palace in October and advertised by the San Francisco Chronicle:
The event fills six acres of space, with 5 stages of live headline music, top DJs, erotic performers, exotic dancers, and wild circus sideshows, plus visually dazzling sets, fantasy themed halls, BDSM demos, fetish fashions, all sorts of sexy shenanigans, and the tantalizingly offbeat – which has ranged from the Penis Painter and Wall of Nipples to a Spiritual Oasis and Human Petting Zoo.
...the 30th Annual Ball will bring back The Blue Room, a couples-only room with extra-erotic activities and ambience.
Mmm, the Blue Room. Now, that sounds perfectly legal, doesn't it?
Daly City, where the Cow Palace resides recorded no murders in 2007 (the latest year available based on FBI crime statistics) and recorded a murder rate since 2000 of 1.93 per 100,000 residents. It doesn't seem likely that the Cow Palace gun shows cause any crime in Daly City. In fact, over the eight year period, the murder rate in Daly City is lower than most all European countries and in excess of 3 times lower than the U.S. average murder rate. If anything, Daly City is probably one of the safest cities with a population exceeding 100,000 in the United States.
However, during the same eight year period, Daly City experienced a reported rape level of 20.9 rapes per 100,000 residents.
Where is the outrage? It is ironic that a city with such a low homicide rate, but obviously has a problem with rape would ban a gun show, but allow the Exotic, Erotic Ball to take place without so much as a single complaint from politicians.
But detractors would say look at South San Francisco, which lies adjacent to the Cow Palace. As it turns out the murder rate in South San Francisco over the eight year period is even lower than Daly City. The rape rate is 18.5 per 100,000 residents.
Last but not least, the battle cry of the anti-gun crowd would be to look at the crime rates of San Francisco.
Well, low and behold we find an above average murder rate as compared to California and U.S. averages. Over the eight year period San Francisco averaged 9.3 murders per 100,000 residents. Now, why do you think Daly City and South San Francisco has a murder rate far below that of San Francisco despite being right smack in the middle of the Cow Palace gun shows? Even more interesting is why San Diego, where the same promoter puts on several gun shows a year, has less than half the murder rate of San Francisco? Could San Francisco's murder rate be caused by something else? It can't possibly be the gun shows, otherwise Daly City would be a killing field along with South San Francisco and San Diego.
San Francisco's rape rate over the eight year period was 20.6 rapes per 100,000 residents. It seems that all three cities experience a similar rate of rape. Again, where are the cries from politicians to end the Exotic, Erotic Ball? After all, there must be a connection between rape and the promotion of promiscuous sex, shouldn't there be? If a gun show causes crime, doesn't a sex show cause rape?
When one looks at the cities where the Cow Palace resides, the outrage of local politicians is less than honest. The reason is simple. This isn't about crime rates where the gun shows are held, this is about politicians that don't like guns and don't believe you have a right to purchase firearms. If Senator Mark Leno, the author of SB585, thought he could get away with it, he would ban the sale of firearms statewide. He is vehemently anti-gun. It appears that the majority of the California legislature is as well. But, it does appear that Senator Mark Leno and the legislature has no problem promoting sex at the same venue despite rape levels in their communities that are less than sterling.
We're not saying the Exotic, Erotic Ball causes rape in the local communities, but when looking at the numbers, the way politicians look at them, there is definitely more of a causal relationship between rape and the Exotic, Erotic Ball than gun shows and crime in the area. Don't you think?
There will come a day when banning gun shows on government property where other products are allowed to be sold will be successfully challenged in court with incorporation backing it up. And, when it is, there will be only one of two outcomes. All products must be banned, and if not, gun shows must be allowed equal access to the same venues.
Part III - Get the "F" Out Of ATF
Friday, 18 September 2009 19:44 | Author: Ralph Weller |
If criminals are buying guns on the streets with no background checks, does it make sense that you and I go through the process of a background check just so you can get an official stamp of approval from the government? It makes no sense whatsoever.
9-18-09 - In Part II of this series we took a look at the 4473 DROS form and found that it really serves no purpose. It doesn’t prevent criminals from obtaining firearms. In fact, the 4473 is an incredible waste of time with absolutely no purpose.
We also pointed out if the only two organizations that care about the 4473 DROS form are the ATF and dealers, why bother with it? After all, it was politicians who mandated it, and prior to the 4473 form the ATF could have cared less. In fact, no one cared that there was no 4473 form. It’s nothing more than an effort to convince citizens that if a 4473 form is filled out, that we’re somehow safer for it, when in fact, it does nothing of the sort.
But, how does the ATF find out if someone is dealing guns illegally if they can’t go back to the dealer and find the person that purchased the guns in the first place? My answer to that would be: Who in the hell cares?
Look, if someone wants a gun in this country, in any state, in any city, regardless of how strict local or state gun laws are, they’ll get one. A 4473 doesn’t stop criminals from obtaining guns. Do you think criminals go to the store and fill out a 4473? Most don’t bother, and those that do are denied the purchase through the background check. What do they do next if they’re intent on buying a gun? They turn to the black market.
And yes, in case you’re wondering, the background check needs to go away as well. Those few criminals dumb enough to go to a gun store and go through the background check very quickly find out that background checks aren’t required when buying guns on the street in the black market. So the question is, why should law-abiding citizens be subject to background checks? What’s the point of it all? If criminals are buying guns on the streets with no background checks, does it make sense that you and I go through the process of a background check just so you can get an official stamp of approval from the government? It makes no sense whatsoever.
Government is the cause of black markets
Whether guns are restricted due to regulations, excessive litigation, or law enforcement intervention, or all of the above, it matters not. The price will rise. Government has driven the price up far beyond the cost of production or inflation. It has become quite lucrative to get into the business of selling guns illegally. Government has created a black market. In response, the government increases spending on law enforcement resources that didn’t exist prior to the restrictions to try and stop crimes that didn’t previously exist. But, the fact that prices have shot up dramatically doesn’t deter criminals. That’s why there is a black market.
We know there has been a concerted effort to price guns out of the reach of the common man in the belief that if they are too expensive, poor people will not have access to them. And, as everyone knows, at least politicians believe this, poor people are the cause of crime. Ergo, high priced guns, equals reduced crime. The only problem with that theory is it also spawns another form of crime and that is the theft of firearms from homes and gun stores.
There was a time when most gun owners didn’t have a safe in their home. They kept guns in the closet or in a glass cabinet to show them off. Why not? The theft of guns prior to all the laws and restrictions over the last 40 years were quite rare. You could get them at a reasonable price almost anywhere. Why would criminals want to be burdened down carrying around a bunch of guns when there were a lot of other items in a house that had more value? It’s a different story today. We now have criminals who specifically target the homes of known gun owners. Theft of firearms feeds the need for low cost firearms in the criminal underworld. Prior to all the restrictions, criminals just purchased them legally.
The end result is that nothing has changed prior to or after all the regulations and laws, other than more gun crimes. If criminals want a gun, they get one. It’s that simple. You have to be a complete buffoon to not be able to buy a gun in the black market today. The only difference is we keep several thousand government employees on the payroll at $800,000,000 a year to chase down newly created “gun” crimes. And, we’ve created a whole new field of criminal expertise which revolves around the theft and trade of guns.
Despite all this, there is a side benefit. We keep a lot of lawyers employed defending and prosecuting all the new gun laws. And that’s important to the gun-banners in congress, the majority of which are Democrats. And, if you don’t know yet, one of the primary donors to the Democratic Party are the lawyers and the legal industry. Attorneys know which side their bread is buttered. As long as we have Democrats making laws, we have new laws being churned out left and right, just waiting to be broken by otherwise law-abiding citizens. And those people need attorneys, lots of them.
The system feeds on itself, but the people who started the mess and continue to feed the system are politicians who pander fear to Americans that if guns aren’t controlled, we’ll all end up in the streets shooting one another. Utter stupidity, don’t you think?
The stupid part has happened before
It’s like the prohibition era early in the last century. Prohibition was not a shining moment in our management of the constitutional amendment process. The Eighteenth and Twenty-first Amendments stands as permanent reminders of political stupidity. The results of prohibition are a lesson in how people react to restrictions when they simply don’t want to play the game.
We didn’t have “rum runners” prior to prohibition. We didn’t have neighborhood “speakeasies” that operated illegally to provide citizens with illegally manufactured booze. An entire underground industry was spawned when alcohol was constitutionally banned in this country. Millions of people were employed to illegally manufacture, transport, sell and offer at retail a product that one day was perfectly legal and had been for thousands of years, and the next day was not. The money was so good, neighborhood police were paid off to look the other way. That’s the nature of a black market. It not only creates illegal activities, but spawns political corruption. Local and federal law enforcement geared up to fight illegal booze. But it didn’t work.
Prohibition was eventually repealed some 13 years later. Law enforcement spent the vast majority of their time chasing down moonshiners and busting the local speakeasies time and time again. They came to the conclusion that it can’t be stopped. It is one of the few instances in history where a law was willingly reversed because it was impossible to enforce. The people of the country defiantly ignored it and were not about to stop drinking alcohol because of something as minor as a constitutional amendment for crying out loud.
The same thing applies to guns. Guns aren’t going away and neither will crime. Murder existed prior to guns. It will exist long after we are all dead and gone. As long as human beings exist on the face of the earth, crime committed by criminals against law-abiding citizens will continue. Today they shoot people. Yesterday they stabbed them or put an arrow through them. Before arrows and spears they clubbed them to death. Prior to that they used stones and bashed the side of their heads in. Criminals have been around since the beginning of human existence. After all, the first recorded murder was the son of Adam and Eve, when Cain murdered his brother Abel.
If somehow government actually managed to eliminate all firearms, an impossible task, do you think for one minute that criminals will go straight and suddenly crime will evaporate to nothing? History would say no.
So, how do we fix this mess we’re in? That will be the subject of my next commentary. Go to Part IV
If you missed them, these are the links to Part I, and Part II
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